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VermontGayWeddings.net USER AGREEMENT VermontGayWeddings.net, a division of UltimateGayWeddings.com, makes the Web site located at VermontGayWeddings.net (referred to as the "Site") available for your use subject to the terms and conditions set forth in this document and any changes to this document that VermontGayWeddings.net may publish from time to time (collectively, the "Terms of Use"). By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use. VermontGayWeddings.net reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion. Your continued use of the Site, or any Materials or Services accessible through it constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules, and guidelines posted on the Site at the time of such use. You should periodically check the "Terms of Use" link on the Site's home page to view the then-current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed. DEFINED TERMS Services offered through this Site include: a community forum and discussion board, content pages provided by VermontGayWeddings.net and its community members and vendors and “Essentials Listings” of gay-friendly vendors known as the “Essentials.” These services consist of information, materials, files, communications, and documents that are posted by VermontGayWeddings.net and its users. All user-supplied information, materials, files, communications, and documents are referred to collectively as "User Content." "VermontGayWeddings.net content" means all Materials provided by VermontGayWeddings.net. “Essentials Listings” (referred to as vendor listings or vendor directory) are for a period of one calendar year. All user –supplied information for these “vendor listings” is supplied by the authorized agent of the registered user “individual” completing the listing form on behalf of the business owner, products, and services provided by said business. VermontGayWeddings.net does not take responsibility for inaccuracy of information provided by the registered user entering data for the vendor listing(s). There are no cancellations or refunds once the listing transaction has been completed and approved by VermontGayWeddings.net. The registered user or their authorized agent may at any time edit and make necessary changes to their listing(s) utilizing their secure user name and password to access their account. VermontGayWeddings.net reserves the right to review all changes prior to posting “said changes” live on the site. Changes that are deemed inappropriate will result in the listing being removed from the site. The registered user, authorized agent, or business owner may request that their listing be removed anytime during the calendar year by notifying VermontGayWeddings.net at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . However, removal of the listing will not result in a refund of funds previously paid for the enhanced Platinum Listing Options. TYPES OF USERS Please be aware that certain activities on this Site, such as entry to the UltimateGayWeddings.com and VermontGayWeddings.ent Community and Essentials Vendors, are available only to persons who have registered as members with VermontGayWeddings.net ("Licensees"). INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and the Terms of Use. Except as expressly provided herein, VermontGayWeddings.net does not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site. USE OF SERVICES When using Services on this Site that are offered by VermontGayWeddings.net, you shall be subject to any posted guidelines, rules, or licenses applicable to such Services and to the Terms of Use. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in the Terms of Use. In addition to the Materials and Services offered by VermontGayWeddings.net, this Site also makes available materials, information, and services provided by third parties (collectively, the "Third-Party Services"). The Third-Party Services are governed by separate license agreements that accompany such services. VermontGayWeddings.net offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services. You agree that you will not hold VermontGayWeddings.net responsible or liable with respect to the Third-Party Services or seek to do so. USE OF VERMONTGATWEDDINGS.NET CONTENT AND USER CONTENT Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the VermontGayWeddings.net Content and User Content available on this Site subject to the following conditions: 1. The VermontGayWeddings.net Content and User Content may be used solely for personal, informational, and internal purposes. 2. The VermontGayWeddings.net Content and User Content may not be modified or altered in any way, unless you are a registered Community Member of UltimateGayWeddings.com and VermontGayWeddings.ent Community or an Essentials Vendor with a vendor listing registered as the “author” of said content that you have willingly contributed to the “site.” VermontGayWeddings.net retains exclusive rights to alter content submitted that is deemed in appropriate for the internet community for which they serve. 3. The VermontGayWeddings.net Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others. 4. You may not remove any copyright or other proprietary notices contained in the VermontGayWeddings.net Content and User Content. 5. VermontGayWeddings.net reserves the right to revoke the authorization to view, download, and print the VermontGayWeddings.net Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from VermontGayWeddings.net. 6. The rights granted to you constitute a license and not a transfer of title. IMPORTANT EXCEPTIONS Various sections of the Site may contain links to other websites. The works on such websites belongs to their creators, may be protected by copyright or other proprietary laws. The rights specified above to view, download, and print the VermontGayWeddings.net Content and User Content available on this Site are not applicable to the design or layout of this external sites that are linked to by VermontGayWeddings.net. Elements of this external sites are protected by trade dress and other laws and may not be copied or imitated in whole or in part. TRADEMARK INFORMATION The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of VermontGayWeddings.net or other third parties. You are not permitted to use the Marks without the prior written consent of VermontGayWeddings.net or such third party that may own the Marks. VermontGayWeddings.net and the VermontGayWeddings.net logo are trademarks of VermontGayWeddings.net. LICENSE TO ULTIMATEGAYWEDDINGS.COM AND VERMONTGAYWEDDINGS.NET FOR USER CONTENT Certain Services offered through this Site require and allow for User Content. Depending upon the nature of the Service, Product, Business, and Content, by submitting User Content to this Site, you grant VermontGayWeddings.net one of the following types of licenses: 1) For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, such as examples of work you have done using VermontGayWeddings.net products, you grant VermontGayWeddings.net a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant VermontGayWeddings.net the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site. You acknowledge and agree that any User Content you submit to VermontGayWeddings.net, including by not limited to, its UltimateGayWeddings.com and VermontGayWeddings.ent Community, Your Stories, Your Pictures, Your Videos, Ideas & Inspirations, and Essentials Vendor Directory, such as hacks and graphics, may be downloaded, modified, reproduced, and distributed by users of this Site. 2) For User Content such as comments to VermontGayWeddings.net its Ultimate Community, Your Stories, Your Pictures, Your Videos, Ideas & Inspirations, and Essentials Vendor Directory, bug reports, piracy reports, or product suggestions, you grant VermontGayWeddings.net and the users of this Site an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content, and you also agree that VermontGayWeddings.net is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you have posted your identity yourself on our UltimateGayWeddings.com and VermontGayWeddings.ent Community boards, Your Stories, Your Pictures, Your Videos, Ideas & Inspirations, and Essentials Vendor Directory or elsewhere on the Site; (b) you grant us permission to do so; (c) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; (d) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (e) we believe it necessary in order to protect the rights of VermontGayWeddings.net or others. When given permission, by you or your authorized agent(s), we will only display your first name and the initial of your last name in content areas whereby you have contributed content. The exception to this rule is when you or your authorized agent(s) provide a listing in the Essentials Vendor Directory, completing the form with and submitting a individuals name in the “Contact Person” field. This name will be displayed on a worldwide, royalty-free, non-exclusive license basis indicating that you have granted VermontGayWeddings.net the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site. PROHIBITED COMMUNICATIONS You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site. USER CONDUCT In using the Site, including all Services and Materials available through it, you agree: * not to disrupt or interfere with any other user's enjoyment of the Site; * not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; * not to create a false identity; * not to use or attempt to use another's account, password, service, or system without authorization from VermontGayWeddings.net; * not to access or attempt to access any Material which you are not authorized to access; * not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site. MANAGING CONTENT AND COMMUNICATIONS Although it is not our intention to do so, VermontGayWeddings.net reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use or any law or regulation, or that such deletion or removal is necessary to comply with the law or to protect the rights of VermontGayWeddings.net or others) without prior notice or liability. VermontGayWeddings.net may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, or chat rooms, bulletin boards, or other user forums; and (ii) the substance of any User Content. To the maximum extent permitted by law, VermontGayWeddings.net will have no liability related to User Content or Design Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. VermontGayWeddings.net also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content or Design Content. USE AND PROTECTION OF USER NAME, PASSWORD, AND ACCOUNT NUMBER You are responsible for maintaining the confidentiality of your user name, password, and account number, and/or account name, if applicable. You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own. 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THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. ULTIMATEGAYWEDDINGS.COM ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ULTIMATEGAYWEDDINGS.COM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS. INTERNATIONAL USERS This Site can be accessed from countries around the world and may contain references to VermontGayWeddings.net products, services, and programs that are not available in your country. These references do not imply that VermontGayWeddings.net intends to announce such products, services, or programs in your country. The Site is controlled, operated, and administered by VermontGayWeddings.net from its offices within the United States of America. VermontGayWeddings.net makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. See the section on export control laws, below, for further information. PERSONAL INFORMATION AND PRIVACY To learn about how VermontGayWeddings.net protects your personal information, such as your name and address, refer to the VermontGayWeddings.net Privacy Policy. Except as set forth in the Privacy Policy or in the Terms of Use, your personal information will be deemed to be confidential. Any non-personal information or material sent to VermontGayWeddings.net will generally be deemed to NOT be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of VermontGayWeddings.net or others, or as stated in our Privacy Policy. Please be aware that your browser must be enabled to accept cookies in order for you to make online purchases at the Site. 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SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTIFICATION OF COPYRIGHT INFRINGEMENT If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites hosted by VermontGayWeddings.net, please provide VermontGayWeddings.net with a Notice containing the following elements: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed; 2. Identification of the copyrighted work or a list of the copyrighted works claimed to have been infringed; 3. Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material; 4. Contact information for the complaining party, such as an address, telephone number, and, if available, email address; 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. VermontGayWeddings.net's Copyright Agent for Notice of claims of copyright infringement can be reached as follows: By mail: Rick Clemons President VermontGayWeddings.net. 1287 Grossmont Riverside, CA 92506 Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES LINKED TO FROM THIS SITE. ALL OTHER INQUIRIES DIRECTED TO THE COPYRIGHT AGENT WILL NOT BE RESPONDED TO. INDEMNITY AND LIABILITY You agree to indemnify and hold VermontGayWeddings.net, and its officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, any User Content, or computer viruses), your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity. GOVERNING LAW AND JURISDICTION This Site is controlled by VermontGayWeddings.net from its offices within the state of California United States of America. By accessing this Site, you and VermontGayWeddings.net agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof. You and VermontGayWeddings.net also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of Riverside County with respect to such matters. GENERAL The Terms of Use and other rules, guidelines, licenses, and disclaimers posted on the Site constitute the entire agreement between VermontGayWeddings.net and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by VermontGayWeddings.net to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect. Any rights not expressly granted herein are reserved. |
