Terms of Service from AisleMemories:
Terms of Service from AisleMemories for the readers of this blog: PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITE AND SERVICES, YOU AGREE TO THE TERMS. IT IS THE RESPONSIBILITY OF YOU, THE USER, TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT AGREE TO THE TERMS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 12/07/2017.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement. TOS governs the relationship with the users of AisleMemories website https://www.aislememories.com, (the “Site”).
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a blog which has the following description:
AisleMemories is a wedding blog for engaged couples, brides, grooms, bridal party members, family, friends, newlyweds, and married couples. The purpose of AisleMemories wedding blog is to create a place with useful information about wedding planning, products, and events that happen before/during/after wedding.
Any visitors to our site, registered or not, are “users” for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user is a “member.”
The user acknowledges that the Services provided and made available through our website are the sole property of AisleMemories. At its discretion, AisleMemories may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated.
AisleMemories does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that AisleMemories is not liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such AisleMemories shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving AisleMemories’s Services under the laws and statutes of the United States or other applicable jurisdiction.
When you register, AisleMemories may collect information such as your name and e-mail address. You can edit your account information at any time. Once you register with AisleMemories and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself, and
b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, AisleMemories will suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of AisleMemories Services, or any portion thereof.
It is AisleMemories’s priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the AisleMemories website platform Services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information. It shall be your responsibility to notify AisleMemories immediately if you notice any unauthorized access or use of your account or password or any other breach of security. AisleMemories is not liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the AisleMemories Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by AisleMemories.
Furthermore, you herein agree not to make use of AisleMemories’s Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any AisleMemories officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
j) interfering with or disrupting any AisleMemories Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
m) “stalking” or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
AisleMemories herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS.
AisleMemories reserves the right to access, preserve and/or disclose member account information and/or content for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of AisleMemories, its visitors, users and members, including the general public.
AisleMemories reserves the right to include the use of security components that may permit digital information or material protection, and that such use of information and/or material is subject to usage guidelines and regulations established by AisleMemories or any other content providers supplying content services to AisleMemories. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
Upon registration, you hereby acknowledge that by using https://www.aislememories.com to send electronic communications, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource- center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals;
b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
AisleMemories shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for AisleMemories the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of AisleMemories’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of AisleMemories’s sites, and shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of AisleMemories’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of AisleMemories’s sites and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of AisleMemories’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of AisleMemories’s sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
AisleMemories provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) AisleMemories shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
c) AisleMemories can use and/or disclose any such Contributions;
d) the contributor’s Contributions shall automatically become the sole property of AisleMemories; and
e) AisleMemories is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
All users and/or members herein agree to insure and hold AisleMemories blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of AisleMemories Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell access to AisleMemories’s sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that AisleMemories may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by AisleMemories, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on AisleMemories’s servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time.
In addition, you also agree that AisleMemories has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, AisleMemories shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate with the ability to save your conversations in your account located on AisleMemories’s servers. In this manner, you will be able to access and search your message history from any computer with internet access. You also acknowledge that others have the option to use and save conversations with you in their own personal account on https://www.aislememories.com. It is your agreement to this TOS which establishes your consent to allow AisleMemories to store any and all communications on its servers.
AisleMemories shall reserve the right to modify, alter our service with or without prior notice. In addition, we are not liable to you or to any third party for any such alteration, modification.
As a member of https://www.aislememories.com, you may cancel or terminate your account by submitting a request to email@example.com.
As a member, you agree that AisleMemories may suspend, terminate, discontinue your account and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) you not paying fees in connection with your https://www.aislememories.com account Services.
Furthermore, you agree that we make any terminations at our sole discretion. We shall not be liable to you with regards to the termination of your account.
The termination of your account with https://www.aislememories.com shall include any and/or all of the following:
a) the removal of any access to all or part of the Services offered within https://www.aislememories.com;
b) the deletion of your password and all related information associated with your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
Any correspondence or business dealings with advertisers located through our Services shall be between you and any such advertiser. Moreover, you agree that AisleMemories is not liable for any loss as a result of such dealings.
Either AisleMemories or any third parties may provide links to other websites and/or resources. Thus, you acknowledge that we are not responsible for the availability of any such external sites or resources. We do not endorse nor are we responsible or liable for any content, products, advertising from such third party sites. Furthermore, you acknowledge that AisleMemories shall not be responsible or liable for any such damage or loss.
You do hereby acknowledge that AisleMemories’s Services shall contain proprietary and confidential material. Furthermore, you herein acknowledge that copyrights protect any content in any advertisements. Therefore, you agree not to alter, modify, lease, sell, distribute works which are based on AisleMemories Services and Content.
AisleMemories herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of our Software. You agree to not allow any third party to duplicate, alter, modify, create or plagiarize work from the Software.
Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form. Lastly, you agree not to access our Services through any means other than the interface which is provided by AisleMemories.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF AISLEMEMORIES SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. AISLEMEMORIES DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED.
b) AISLEMEMORIES MAKE NO SUCH WARRANTIES THAT (i) AISLEMEMORIES SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) AISLEMEMORIES SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR- FREE; (iii) THAT SUCH RESULTS WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK. AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION.
d) NO ADVICE AND/OR INFORMATION THAT MAY BE OBTAINED BY YOU SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM. PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES. FOR EXAMPLE, DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT AISLEMEMORIES SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES.
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
When have a dispute, you agree to release AisleMemories from claims, demands and damages of every kind and nature.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
AisleMemories provides content for informational purposes and not for trading or investing purposes.
EXCLUSION AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
AisleMemories may furnish you with notices with regards to any changes to the TOS.
You acknowledge that all of the AisleMemories copyright, name, logos, features, products, and services are the property of AisleMemories.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
AisleMemories will always respect the intellectual property of others, and we ask that all of our users do the same. AisleMemories may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If your work is duplicated or intellectual property rights are violated, you can provide to us the following:
a) A signature of the individual that is authorized on behalf of the owner of the copyright;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) State that the alleged and disputed use of your work is not authorized by the copyright owner;
f) State that your notice is truthful and accurate, and that you are the copyright or intellectual property owner or representative.
You can contact The AisleMemories Agent for notice of claims of copyright or other intellectual property infringement as follows:
Attn: Copyright Agent
PO Box 1913
Canyon Country, California 91386
AisleMemories complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at https://www.aislememories.com
This TOS constitutes the entire agreement between you and AisleMemories and shall govern the use of our Services.
CHOICE OF LAW AND FORUM
At the agreement of you and AisleMemories about the TOS that the relationship is governed by the laws of California. Any claims shall be filed within the courts having jurisdiction within the County of Los Angeles, California or the U.S. District Court located in said state.
WAIVER AND SEVERABILITY OF TERMS
At any time, if we fail to enforce any provision of the TOS, such failure is not a waiver.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge that your account is non-transferable and any rights to contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, we will terminate your account and delete all of its contents.
STATUTE OF LIMITATIONS
You acknowledge that you must file claims within 4 year(s) only.
Please report any and all violations of this TOS to AisleMemories as follows:
PO Box 1913
Canyon Country, California 91386
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