USE OF THE WEBSITE BY YOU
Your right to use the website is personal to you – you may not authorise others to use the website, and you are responsible for all use of the website by you and by those you allow to use, or provide access to, the website.
The website is not intended for users under the age of 18, and BridesWithoutBorders.com does not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using our forums and chat areas any information submitted by such users will not knowingly be used, posted, or retained by us.
- You agree not to use any obscene, indecent, or offensive language or to place on the website any material that is defamatory, abusive, harassing, or hateful. Further, you may not place on the website any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone’s privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use the website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
- You are responsible for ensuring that any material you provide to the website or post on a bulletin board or forum, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. Material on the website is for your personal use only. The website contains copyrighted and other proprietary information.
- You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the website, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, Service Provider or the website.
- You agree not to disrupt, modify or interfere with the website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the website. You further agree not to alter or tamper with any information or materials on or associated with the website.
- Other than connecting to the Service Provider’s servers by http requests using a Web browser, you may not attempt to gain access to the Service Provider’s servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the website or otherwise.
- You acknowledge that the Service Provider has not reviewed and does not endorse the content of all sites linked to from this website and is not responsible for the content or actions of any other sites linked to from this website. Your linking to any service or site is at your sole risk.
USE OF MATERIAL SUPPLIED BY YOU
By posting messages, uploading files, inputting data, or engaging in any other form of communication through the website, you g rant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so.
BridesWithoutBorders.com reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the website or its bulletin boards, in its sole discretion, without notice.
COMMENTS BY USERS ARE NOT ENDORSED BY BRIDESWITHOUTBORDERS.COM
BridesWithoutBorders.com does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on bulletin boards, forums or otherwise contained in the website. Nor does BridesWithoutBorders.com or its third party service providers make any warranties with respect to any of the merchandise featured or mentioned on the website. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements or those who actually sell any merchandise, and do not necessarily represent the views of BridesWithoutBorders.com or its third party service providers.
You agree that BridesWithoutBorders.com and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
BridesWithoutBorders.com respects the intellectual property of others, and we ask our users to do the same. BridesWithoutBorders.com may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us at email@example.com.
You agree to indemnify Service Provider and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Service, or from your breach of this Agreement, or from any such acts through your use of the Service.
BridesWithoutBorders.com makes no representation that materials on the website are appropriate, available or legal in any particular location. Those who choose to access the website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of Australia, applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in an appropriate court in Australia. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
TERMINATION OF ACCESS TO THE WEBSITE
BridesWithoutBorders.com has the right to terminate your ability to access the website, for any or no reason, without notice.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED “AS IS”, AND THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. SERVICE PROVIDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.
SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
ADVERTISING TERMS & CONDITIONS
These terms apply to all advertising provided to any person (‘Customer’) by Brides Without Borders (Kiruna Pty Ltd ACN 147 067 098) or a subsidiary (‘BWB’). Customer includes an advertiser on whose behalf Advertising is placed and any media company or agency that arranges the Advertising for its clients.
1. Publication of Advertising
1.1 Subject to these Terms, BWB will use its reasonable endeavours to publish advertising (‘Advertising’) in the format and in the position agreed with the Customer. ‘Advertising’ includes images submitted for publication and content or information relating to published Advertisements.
1.2 Customer grants BWB a worldwide, royalty-free, non-exclusive, irrevocable licence to publish, and to sub-licence the publication of, the Advertising in any form or medium, including print, online or other. Customer warrants that it is authorised to grant BWB the licence in this clause 1.
2. Right to Refuse Advertising
2.1 Neither these Terms nor any written or verbal quotation by BWB represents an agreement to publish Advertising. An agreement will only be formed between BWB and Customer when BWB accepts the Advertising in writing or generates an invoice for that Advertising.
2.2 BWB reserves the right to refuse or withdraw from publication any Advertising at any time without giving reasons (even if the Advertising has previously been published by BWB).
3. Right to vary Format, Placement or Distribution
3.1 BWB will use reasonable efforts to publish Advertising in the format and in the position requested by the Customer. However, BWB reserves the right to vary the placement of Advertising within a title or website.
3.2 BWB will not be liable for any loss or damage incurred by a Customer arising from BWB’s failure to publish Advertising in accordance with a Customer’s request.
4. Submission of Advertising
4.1 Customer warrants to BWB that the publication of the Advertising does not breach or infringe:
(a) any copyright, trade mark, obligation of confidentiality or other personal or proprietary right;
(b) any law of defamation, obscenity or contempt of any court, tribunal or royal commission;
(c) any privacy legislation or anti-discrimination legislation;
(d) any other law or applicable code.
4.2 Customer warrants that if Advertising contains the name or photographic or pictorial representation of any living person and/or any copy by which any living person can be identified, the Customer has obtained the authority of that person to make use of his/her name or representation or the copy.
4.3 If a Customer submits Advertising that looks, in BWB’s opinion, like editorial material, BWB may publish the Advertising under the heading ‘Advertising’ with a border distinguishing it from editorial.
4.4 BWB will not be responsible for any loss or damage to any Advertising material left in its control.
4.5 Advertising submitted electronically must comply with BWB’s specifications. BWB may reject the Advertising material if it is not submitted in accordance with such specifications.
4.6 Customer must not resell Advertising space to any third party without BWB’s consent.
4.7 If Advertising promotes a competition or trade promotion, Customer warrants it has obtained all relevant permits and indemnifies BWB against any loss in connection with the Advertising.
5. Classified Advertising
5.1 BWB will publish classified Advertising under the classification heading it determines is most appropriate. These headings are for the convenience of readers.
6. Online Advertising
6.1 For online banner and display Advertising, Customer must submit creative materials and a clickthrough URL to BWB within the deadline advised by BWB at its discretion before publication date.
6.2 All online Advertising (including rich media) must comply with BWB’s advertising specifications.
6.3 BWB is not liable for loss or damage from an internet or telecommunications failure.
6.4 Customer acknowledges that BWB may at its discretion include additional features or inclusions such as third party advertisements within online classified Advertising.
7.1 Customer must promptly check proofs of Advertising (if provided to the Customer by BWB) and notify BWB of any errors in the proofs or in published Advertising.
7.2 BWB does not accept responsibility for any errors submitted by the Customer or its agent.
8.1 The Customer must pre-pay for all Advertising published by BWB.
8.2 Customer must pay the full price for Advertising even if BWB varied the format or placement of the Advertising or if there is an error in the Advertising, unless the error was BWB’s fault. Customer must pay its own electronic transmission costs.
9.1 The Customer acknowledges that it has not relied on any advice given or representation made by or on behalf of BWB in connection with the Advertising.
9.2 BWB excludes all liability to the Customer for any costs, expenses, losses and damages incurred in relation to Advertising published by BWB, whether that liability arises in contract, tort (including by BWB’s negligence) or under statute. Without limitation, BWB will in no circumstances be liable for any indirect or consequential losses, loss of profits, loss of revenue or loss of business opportunity.
9.3 The Customer indemnifies BWB and its officers, employees, contractors and agents (the ‘Indemnified’) against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising from the Customer’s breach of these Terms and any negligent or unlawful act or omission of the Customer in connection with the Advertising.
10.1 Each party will treat as confidential, and will procure that its advertising agents, other agents, and contractors (‘Agents’) treat as confidential and will not disclose, unless disclosure is required by law:
(a) the terms of this Agreement (including terms relating to volumes and pricing);
(b) information generated for the performance of this Agreement, including all data relating to advertising schedules, budgets, forecasts, booked advertising, prices or volumes;
(c) any other information that ought in good faith to be treated as confidential given the circumstances of disclosure or the nature of the information;
(d) any information derived wholly or partly for any information referred to in (a) above;
Each party agrees to take all reasonable precautions to prevent any unauthorised use, disclosure, publication or dissemination of the confidential information by or on behalf of itself or any third party.
11.1 These Terms, with any other written agreement, represent the entire agreement of the Customer and BWB for Advertising. They can only be varied in writing by an authorised officer of BWB. No purchase order or other document issued by the Customer will vary these Terms.
11.2 BWB will not be liable for any delay or failure to publish Advertising caused by a factor outside BWB’s reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).