Date of Last Revision: June 9, 2010
The Brides of Austin is the ultimate wedding resource for the Austin bride.
Your use of this Web site constitutes your agreement to be bound by these
terms and conditions of use. Our Web site at www.bridesofaustin.com and
any mobile version thereof or mobile application relating thereto, including
any and all of its features and content (the “Site”), is a service made
available by Brides of Austin or its affiliates (collectively referred to
herein as “us”, “we” or “the Company”), and all content, information, services
and software provided on or through this Site (“Content”) may be used
accessing or using our Site, you signify that you have read, understand and
sole discretion, to amend, change, modify, add or delete portions of these
Terms from time to time without notice. All modified terms and conditions
shall take effect immediately after posting to the Site. We encourage you
to review this page periodically because any changes will be binding on you.
Your continued use of the Site after any such changes constitutes your
REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE
VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT
GOVERNS HOW DISPUTES WILL BE RESOLVED.
Protection of Intellectual Property.
The Site contains or uses copyrighted material, inventions, know how,
potentially patentable business method material, design logos, phrases, names,
logos, HTML code and/or other computer code and/or scripts (collectively,
“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 Site, including but not limited to its
color combinations, sounds, layouts and designs. You agree and acknowledge that
your use of this Site 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 our Intellectual Property Content in any other way for public or
The Site contains trademarks, trade names, trade dress, service marks, domain names
or other indicia of ownership (collectively the “Marks”) owned or
licensed for use by Us, including but not limited to BRIDES OF OKLAHOMA and the
BRIDES OF OKLAHOMA logo, THE [B] GALLERIES and THE [B] GALLERIES logo, WED LINK
MEDIA and WED LINK MEDIA logo, BRIDAL BUZZ, IDEA FILE, among others.
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.
Digital Millennium Copyright Act Notice.
It is our policy to promptly respond to claims of copyright infringement.
If you believe that an infringing copyrighted work is accessible on this
Site, you may notify our registered copyright agent by sending the following
information to the address listed below:
The signature of a person authorized to act on behalf of the owner of the
copyright. This signature can be physical or electronic;
A statement that this person is authorized to act on behalf of the copyright
A statement that this person has a good faith belief that the use of the
material in the complained-of manner is not authorized either by the copyright
owner, by the owner’s agent, or by law;
A description of the copyrighted work that you claim has been infringed, and a
description of where the allegedly infringing material is located on the Site;
Your address, telephone number, and e-mail address.
put “Notice of Infringement” in the subject line of all such
notifications, and send the notification to firstname.lastname@example.org.
We will process and investigate all notices of alleged infringement as
required by the Digital Millennium Copyright Act.
Information You Submit.
Our Site provides a platform for Users to share information with others through
blogging, vendor advertisements and listings, vendor profiles and other means
(any information submitted to the Site through any of these means,
“Submitted Information”). By using these functions, you agree to
abide by the terms of this Agreement. Company reserves to itself the
right but does not have the obligation to monitor Submitted Information.
Users are solely responsible for the content of their Submitted
Site acts as a passive conduit for any and all communication and/or
distribution of information, and Company does not control the Submitted
Information of Users. Company cannot and will not evaluate and we are not responsible
for the accuracy, reliability, completeness, veracity or suitability of any
Submitted Information or for verifying the identity of the submitting User.
Like any information you obtain through the Internet, you should verify
Submitted Information from others before acting upon it. Company is not
responsible for any losses you may incur as a result of relying on Submitted
Information, even if we were advised of the possibility of such losses.
posting Submitted Information to any part of the Site, you automatically grant,
and you represent and warrant that you have the right to grant, to Company an
irrevocable, perpetual, non-exclusive, transferable, fully-paid-up, worldwide
license (with the right to sublicense at multiple levels) to use, copy, publicly
perform, publicly display, reformat, translate, excerpt (in whole or in part)
and distribute such Submitted Information for any purpose and in any format on
or in connection with the Site or the promotion thereof, to prepare derivative
works of, or incorporate into other works, such Submitted Information, and to
grant and authorize sublicenses of the foregoing. You may remove your Submitted
Information from the Site at any time; however you acknowledge that Company may
retain archived copies of your Submitted Information and may continue to use
your Submitted Information in connection with any materials that were created
prior to your removal of your Submitted Information, in accordance with the
license described above.
by posting Submitted Information, 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 Site; 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
agree that your Submitted Information:
– Will not contain your personal information
Will not contain another person’s personal information or otherwise invade
Will not violate or possibly cause us to violate any applicable law, statute,
ordinance or regulation
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 or pornography
Will not be libelous, threatening, harassing, racist, or defamatory. This
specifically includes making legal claims of any sort about Company employees,
agents, other Users, or the Site
Will not contain the proprietary information of another person or entity
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 Site or our systems and or create or impose a large burden or
load on our Site or systems - Will not scan or test the vulnerability or
security of our Site 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 Company in any manner whatsoever
Will not involve the upload, or insertion of, any programming language or code
into or onto, our SiteYou further agree not to impersonate another User or
attempt to disguise or conceal the author of any Submitted Information. We
reserve the absolute right, but do not have the obligation, to remove or
restrict any Submitted Information for any reason or no reason at all,
including but not limited to Submitted Information you post to the Site that is
in violation of this Agreement or is otherwise inappropriate, as determined in
Company’s sole discretion. In addition, we reserve the right to terminate
Members who violate these rules.
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 Submitted Information.
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 Site at various places
throughout the Site. 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
Terms set forth herein, the Terms set forth herein shall govern.
Company disclaims all liability for any Third Party Communications you may
receive or any actions you may take or refrain from taking as a result of any
Third Party Communications. You are solely responsible for assessing and
verifying the identity and trustworthiness of the source and content of any
Third Party Communications. Provider assumes no responsibility for verifying,
and makes no representations or warranties regarding, the identity or
trustworthiness of the source or content of any Third Party Communications. As
used herein, “Third Party Communications” means any communications
directed to you from any third party directly or indirectly in connection with
We care about the privacy of our users. Click here to view our Privacy
Policy. By using the Site, you are consenting to have our personal data
transferred to and processed in the United States.
of Your Content to Company.
By posting, publishing, uploading, or distributing any messages, data,
information, text, graphics, links, content, or other materials (collectively,
“Postings”) for use on this Web Site, you grant (or warrant that the
owner of such rights has expressly granted) Company a perpetual, worldwide,
royalty-free, irrevocable, non-exclusive right and license, with the right to
sublicense, to use, reproduce, modify, adapt, publish, publicly perform,
publicly display, digitally display and digitally perform, translate, create
derivative works from and distribute such Postings or incorporate such Postings
into any form, medium, or technology now known or later developed throughout
the universe. You agree that you shall have no recourse against Company for any
alleged or actual infringement or misappropriation of any proprietary right in
Postings you provide to Company.
This Site may contain advertising and sponsorship. Advertisers and sponsors are
responsible for ensuring that material submitted for inclusion on this Site is
accurate and complies with applicable laws. Provider will not be responsible
for the illegality of or any error or inaccuracy in advertisers’ or sponsors’
materials or for the acts or omissions of advertisers and sponsors.
You hereby agree and acknowledge, your provision of services and/or your use of
the Site, 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 Company in any
The Site may be temporarily unavailable from time to time for maintenance or
other reasons. Company assumes no responsibility for error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, User communications. Company is not responsible for any
technical malfunction or other problems of any telephone network or service,
computer systems, servers or providers, computer or mobile phone equipment,
software, failure of email or players on account of technical problems or
traffic congestion on the Internet or at any Site or combination thereof,
including injury or damage to User’s or to any other person’s computer, mobile
phone, or other hardware or software, related to or resulting from using or
downloading materials in connection with the Web and/or in connection with the
Site, including any Mobile application software.
THE SITE AND THE SITE’S CONTENT ARE PROVIDED “AS-IS” AND THE COMPANY DISCLAIMS
ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND
DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE
AND/OR ANY APPLICATIONS. COMPMANY DEOS NOT REPRESENT OR WARRANT THAT SOFTWARE,
CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE
ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE
ITS SERVERS, OR ANY APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND
DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT
AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND
AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE
FROM OR THROUGH THE SITE AND ANY APPLICATIONS AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO
YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND
THAT MAY RESULT.
IN NO EVENT WILL COPMANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU
OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXAMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA
ARISING FROM YOUR USE OF THE SITE, ANY APPLICATIONS OR ANY OF THE SITE’S
CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE,
EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
Company may terminate your use of its Site, delete your profile and any content
of yours posted on the Site or through any application and/or prohibit you from
using or accessing the Site or any appication (or any portion, aspect or feature
of the Site or any application) for any reason, or no reason, at any time in
its sole discretion, with or without notice.
Law; Venue and Jurisdiction.
By visiting or using the Site, you agree that the laws of the State of
Austin, without regard to principles of conflicts of laws, will govern these
Company or any of our affiliates. With respect to any disputes or claims
not subject to arbitration (as set forth below), you agree not to commence or
prosecute any action in connection therewith other than in the state and
federal courts of Austin, and you hereby consent to, and waive all defenses
of lack of personal jurisdiction and forum non conveniens with respect to,
venue and jurisdiction in the state and federal courts of Austin.
Disputes between you and Company regarding the Site and our services should be
reported to email@example.com. We will attempt to resolve any disputes
you have with us. We are not responsible for resolving any disputes
between you and members regarding services or transactions. Any claim or
controversy arising out of or relating to your use of this Site, to the goods
or services provided through the Company, this Agreement, or to any acts or
omissions for which you may contend Company is liable, including but not
limited to any claim or controversy as to arbitrability (“Dispute”),
shall be finally, and exclusively, settled by arbitration. The arbitration shall
be held before one arbitrator under the commercial arbitration rules of the
American Arbitration Association (“AAA”) in force at that time. The
arbitration shall be conducted in Austin City, Austin. The arbitrator shall
be selected pursuant to the AAA rules. Should no AAA rule regarding the
selection of an arbitrator be in effect, the party raising such Dispute shall
select an arbitrator from a panel of arbitrators acceptable to Company. In any
arbitration, the parties will split the cost of the filing fee, plus the costs
associated with the first day of arbitration, with the remaining costs of
arbitration paid by the non-prevailing party. To begin the arbitration
process, a party must make a written demand therefore.
judgment upon an award rendered by the arbitrators may be entered in any court
of competent jurisdiction in Austin City, Austin. 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.
AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND COMPANY 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 Company’s goods and services, you consent
to these restrictions.
the above, Company has a right to elect to not pursue arbitration to the extent
necessary to enforce its intellectual property rights that may have been
violated or threatened to be infringed upon, and the parties acknowledge that,
under such circumstances, arbitration is not an adequate remedy at law and that
injunctive or other appropriate relief may be sought.
should a Dispute arise and should the arbitration provisions herein become
inapplicable or unenforceable, or in any instance of any lawsuit between you
and Company, the parties agree that jurisdiction over and venue of any suit
shall be exclusively in the state and federal courts sitting in Austin City,
Austin (as set forth above). 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.
You agree to indemnify and hold Company, its subsidiaries and affiliates, and
each of their directors, officers, agents, contractors, partners and employees,
harmless from and against any loss, liability, claim, demand, damages, costs
and expenses, including reasonable attorney’s fees, arising out of or in
connection with any Content, any Third Party content, Applications, Software of
other content you post through our Site, your use of the Site, your conduct in
connection with the Site or with other who use our Site, or any violation of
this Agreement or of any law or the rights of any third party.
You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback or other information about the Site (“Submissions”), provided by you
to Company are non-confidential and shall become the sole property of Company.
Company shall own exclusive rights, including all intellectual property
rights, and shall be entitled to the unrestricted use and dissemination of
these Submissions for any purpose, commercial or otherwise, without
acknowledgement or compensation to you.
regarding the use of the Site, superseding any prior agreements between you and
Company relating to your use of the Site. The failure of Company to
constitute a waiver of such right or provision in that or any other instance.
If any provision of this Agreement is held invalid, the remainder of this
Agreement shall continue in full force and effect. If any provision of
unenforceable, then that provision shall be deemed severable from these Terms
of Use and shall not affect the validity and enforceability of any remaining