In these Membership Terms:
• Buyer means a Member who buys Products made available for sale on the Site.
• Member Account has the meaning given to that term in clause 12.
• Payment Agent means any payment agent or method approved by Company from time to time including, but not limited to, PayPal.
• Products mean products available for sale on the Site.
• Site means www.yesmarriagerocks.com
• In these Membership Terms, a reference to “we” “us” or “Company” means Marriage Rocks and a reference to “you” or “your” means a Member.
You may only become a Member if you are 18 years or over.
You do not have an automatic entitlement to Membership and Company may elect to:
1. refuse your request to become a Member; or
2. once Membership is granted, suspend, terminate or restrict your Membership at any time.
Company is not obliged to give reasons for any decision it makes to suspend, terminate or restrict your Membership or to reject your request to become a Member.
Your Membership is non-transferable.
Once Membership is granted you will only be able to access Membership areas of the Site with use of the username and password you set up at the time you become a Member.
You are responsible for each and every access or use of the Site that occurs in conjunction with use of your username and password.
Use of your username and password is conclusive evidence that you have accessed the Membership sections of the Site.
You must use all reasonable efforts to keep your username and password confidential.
You must not allow any third party to access the Site using your username and password and make use of the Site on your behalf.
You must notify Company in writing as soon as you become aware of any unauthorized use of your Member Account, username or password.
You acknowledge and agree that you are liable for, and will indemnify Company, its related bodies corporate, affiliates, officers, directors, agents and employees against, any and all claims made by a third party arising out of your access to, and use of, the Site as a Member.
3. Benefits conferred by Membership
By being registered as a Member you are, subject to these Membership Terms, entitled to:
1. participate in the Connect section of the Site, including, but not limited to, uploading videos and pictures, providing event information, and connecting with other Members; and
2. exclusive discounts and goodies.
4. Availability and Use of the Site
The Site will usually be available 24 hours a day, seven days a week or as otherwise stated on the Site.
Company may, in its absolute discretion, and for any reason, and at any time, with or without notice:
1. interrupt or suspend your right to access the whole or any part of the Sites; and/or
2. alter, interrupt or suspend the provision of the whole or any part of the content and/or the services available on the Sites.
You agree that Company will not be liable to you for any loss that you may suffer as a result of any such interruption, suspension or alteration.
When accessing the Site (as a Member) and using the content and/or the services available on the Site, you must also comply with any directions, instructions or protocols posted on the Site from time to time.
Membership is free.
6. Member Information
When you want to become a Member and use the Site, you may be asked to provide certain personal information to us (Member Information). You promise that the Member Information you provide is true, accurate and complete.
Any Member Information that you disclose may be used by Company, its agents and contractors in relation to the provision of services accessible on the Site, including providing email updates and marketing activities in relation to the Site.
7. Proprietary Rights
Company, its licensors, advertisers or affiliates own all:
1. the content of the Site;
2. the look and feel, design and the organization of the Site;
3. the compilation of the materials on the Site; and
4. the intellectual property rights (if any) subsisting in the works described in paragraphs (1), (2) and (3) above.
Your use of the Sites does not grant to you any ownership or like interest in any content, code, data or materials you may access on or through the Site or any intellectual property rights subsisting in any of those things.
The trademarks, logos, service marks and trade names (collectively the Trademarks) displayed on the Site are, unless otherwise stated, the registered and unregistered Trademarks of Company and others.
A Trademark may not be used by you without the approval of its owner.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sites without the written permission of its owner.
9. Confidential Information and Privacy
Company does not warrant or represent that your use of the Site will be confidential.
Company is not responsible for any harm that you or any person may suffer as a result of a breach of your confidentiality in respect of your use of the Site.
While Company has taken precautions to protect information that you transmit to the Site over the internet, Company does not warrant the security of that information. Once Company receives your transmission, Company will take reasonable steps to preserve the security of such information.
You must not disclose any confidential information made available to you through the Site.
When using the Site or dealing with other users of the Site, you must respect the privacy and legal rights of other Members.
10. Buying Products
When you buy a Product, you acquire a license to use that Product from the Seller of the Product.
If you buy a Product, you do so on the following terms:
1. you cannot cancel an order for a Product once the order has been submitted;
2. Company does not give any undertaking as to the continued availability of Products offered for sale on the Site;
3. once your order for a Product is accepted, and you pay the fee, you acquire a non-exclusive license to use the Product in accordance with the conditions of the license that you acquire;
4. ownership of the Product remains with the Seller;
5. payment of the fee will be made at the time of purchase; and
All Products sold are non-refundable.
You acknowledge and agree that Products may be listed at an incorrect price or with incorrect information due to a typographical error or similar oversight. In such event, Company reserves the right to cancel or reverse a transaction, even after your order has been confirmed and a payment has been processed. If a transaction is cancelled, Company will promptly arrange for any payment to be credited or refunded.
12. Linking to the Site
You agree that if you include a link from any other web site to the Site, such link must link to the full version of an HTML formatted page of the relevant Site.
You are not permitted to link directly to any image hosted on the Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site.
You agree not to download or use images hosted on the Site on another web site, for any purpose, including, without limitation, posting such images on another site.
You agree not to link from any other web site to the Sites in any manner such that the Site, or any page of the Site, is “framed”, surrounded or obfuscated by any third party content, materials or branding.
We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time upon written notice to you.
13. Public Forums
Company may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Site.
In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you must not upload, post, transmit, distribute or otherwise publish through the Site or any service or feature made available on or through the Site, any materials which:
1. restrict or inhibit any other user from using and enjoying the Site or the Site’s services;
2. are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
3. constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
4. violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
5. contain a virus, spyware, or other harmful component;
6. contain embedded links, commercial solicitation, advertising, chain letters, mass mailings or, pyramid schemes of any kind;
7. constitute commercial solicitation or ‘spam’ of any kind; or
8. constitute or contain false or misleading indications of origin, endorsement or statements of fact.
You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from Company.
You also may not offer to buy or sell any product or service on, or through, your comments submitted to our forums. You alone are responsible for all information and materials that you post to the Sites and the consequences of any of your activities on the Sites.
Company reserves the right, but does not have an obligation, to monitor and/or review all information and materials posted to the Site or through the Site, and Company is not responsible for, and assumes no liability for, any such materials posted by users. However, Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Company’s sole discretion are objectionable or in violation of these Membership Terms, Company’s policies or applicable law.
Company may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of these Membership Terms or applicable law, or for any other reason without notice or liability.
It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Sites and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually.
It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.
14. Indemnification and Release
You are solely responsible for, and you agree to indemnify and hold harmless Company (as well as Company’s affiliates, directors, officers, employees and agents) from any and all claims, liabilities, costs and expenses (including legal fees) arising in any way from, any of the following matters:
1. your use of the Site;
2. any Products you buy through the Site;
3. your placement or transmission of any Product, message, content, information, software or other materials through the Site;
4. your breach of any applicable related third party contract or terms of service
5. your breach of the law or of these Membership Terms.
Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company’s defense of such claim.
15. Changes to Membership Terms
Company may, at its sole discretion, revise or change these Membership Terms (in whole or in part) or the content of the Sites from time to time and at any time without notice to you.
Changes in the Membership Terms will be effective at the time notice of the change is posted by us on the Sites. It is your responsibility to check for these notices.
Your continued use of the Site and/or the content or services made available on or through the Site after any changes to the Membership Terms are posted will be considered acceptance of those changes.
Any notice given in accordance with these Membership Terms will be correctly given if it is in writing and is emailed to a party to the email address that that party has nominated or any other email address as may be notified for the purpose of the service of notices.
A notice will be deemed to have been given on the date of delivery.