We would like you to be aware of our Terms of Use
before using our website, the services offered by us or through our
website, and any parts or sections thereof. These Terms of Use may
be updated from time to time without notice to you. Unless
otherwise indicated, all references in these Terms of Use to (1)
“GWSE” refer to Genesis Weddings & Special Events and its trade
sites/names and (2) “our website” refer to http://www.genesiswse.com and its
affiliated pages.
You understand and agree that our website is provided “AS-IS” and
that GWSE assumes no responsibility for your ability to (or any
costs or fees associated with your ability to) obtain access to our
website. Nor does GWSE assume any liability for the failure to
store or maintain any user communications or personal settings.
1. In consideration of your visiting and using our website, you
represent that you are able to form a binding contract. You also
agree that any information you provide about yourself is accurate
and complete at the time provided. You agree to timely update any
information provided to GWSE to keep it accurate and complete.
Failure to accurately and completely provide and timely update
information about yourself is reasonable grounds for GWSE to
suspend or terminate your account and refuse you service in the
future.
In addition to these Terms of Use, when using a particular area of
our website, you are also bound by the posted guidelines and rules
for that particular area.
2. Information and data provided by you are subject to our Privacy
Policy. This policy, as updated from time to time, may be found at
http://www.genesiswse.com/page/privacy-1.
3. Certain names, logos, and/or phrases on our website may
constitute trademarks and/or copyrights of GWSE or its clients. The
mark “GWSE” and the contents of this website are the sole property
of GWSE. Reproduction in whole or in part is strictly prohibited
without our express written permission.
All of the writing on our website is the copyrighted property of
GWSE and is protected as such. None of the material may be
reproduced without our written permission, with the exception of
downloading or printing a single copy for yourself. This copyright
extends to original material of GWSE, any user-generated content,
and any compilations of user-generated content, whether or not
edited or filtered. The right to download and store or output the
materials found on our website is granted for viewing use only.
Materials may not be reproduced in any form. Any reproduction or
editing by any means mechanical or electronic without explicit
written permission is expressly prohibited.
We reserve the right to republish any material contributed by our
users. By posting a message, a user expressly grants the right to
GWSE to republish or sell the message as part of any edited
compilation. Material that is copyright protected may not be
submitted without permission from the copyright owner. Since there
are many thousands of possible sources spread out across the
Internet, it is impossible for us to know if a posting represents a
copyright infringement. Please remember you are responsible for the
material you submit to our website, including taste, reliability,
originality and copyright. Author(s) may be held legally
responsible for copyright infringement, defamation or invasion of
privacy, as well as any damages arising out of actions resulting
from materials submitted by you and posted by us. You are
responsible for ensuring that your message or posting does not
violate any extant copyrights. If you believe that your copyrighted
material has been posted to our website without permission, please
see http://www.genesiswse.com/page/copyrights-1
for our policies regarding its removal.
GWSE will have a nonexclusive global license to publish, adapt and
resell the content submitted by users and contributors within our
website. These nonexclusive publishing license and
resale/adaptation rights extend to any materials submitted “for
publication” within our website, including both message board
postings and content submitted to GWSE for uploading and subsequent
publishing within non-message board areas. GWSE and our website’s
staff are not and will not be responsible for any misleading,
false, or otherwise injurious information and advice communicated
in our website or for any results obtained from the use of such
information or advice. GWSE will not be liable for any loss or
damage suffered by a user through the user’s reliance on
information and advice gained in these areas.
4. Given the interactive nature of user forums and blogs, both our
staff and our users may generate content in these areas. We can
control our staff members’ contributions; however, we are not able
to edit and ensure the accuracy of the content generated by our
users, many of whom use anonymous screen names and with whom we
have no official relationship.
Therefore, users should handle the information generated by fellow
users with common sense caution. Users should consider any
information and advice given by other users as a starting point for
their own research. GWSE cannot guarantee the accuracy, efficacy,
or veracity of any information provided within our website’s
forums.
GWSE cannot guarantee that all content and materials that appear on
our website is not infringing on any registered or non-registered
copyrights. On any given day, potentially thousands of new postings
may appear on our website’s message boards, and it is humanly
impossible to verify that each and every one of these postings are
free of copyright infringement.
5. Online behavior requires common sense and basic etiquette.
Accordingly, here are some rules that you agree to follow,
particularly in those areas of our website that permit
user-generated content such as forums, blogs and bulletin
boards:
• No strong, vulgar, obscene, or otherwise harmful language.
• No racially, ethnically or otherwise, objectionable language.
• No harassing, intimidating, stalking, or threatening other
community members.
• No libelous, defamatory, or otherwise tortious language.
• No online vandalism. This includes using abusive language and
repeatedly hitting the return key in a chat room, or otherwise
acting in a manner that negatively impacts the ability to engage in
real time exchanges.
• No impersonating any person, including, but not limited to, other
community members or employees.
• No posting, distributing, transmitting, or promoting illegal
content.
• No invasion of another’s privacy.
• No actions that are harmful to minors.
• No manipulation or forging of identifiers in order to disguise
the origin of any information posted on our website or otherwise
provided to GWSE or its employees.
• No posting, providing, transmitting, or otherwise making
available any information (such as inside, proprietary or
confidential information) that you do not have a right to make
available due to contract, fiduciary duty, or operation of law.
• No posting, providing, transmitting, or otherwise making
available any junk mail or spam.
• No posting, uploading, emailing, or otherwise transmitting any
material that contains any malicious computer code (including
spyware, worms, Trojan horses, viruses, etc.).
• No posting, providing, transmitting, or otherwise making
available any information which violates regulations promulgated by
the Securities and Exchange Commission, or that of any securities
exchange, such as The Nasdaq Stock Market.
• No collecting, storing, or posting of personal data about or of
other community members. • No soliciting of any kind in user
forums.
6. Content from our website, including but not limited to any user
information such as names, email addresses, or other contact
information, may not be taken from the website and used for any
purpose. Names, email addresses and other contact information from
member profile information or the pages and postings on this site
may not be used by outside vendors or other third parties for
purposes of solicitation. Unsolicited emails to our members or to
our clients may constitute misrepresentation, misappropriation of
our business name and reputation, unfair competition, and may also
violate laws that prohibit unsolicited email, for which GWSE shall
be entitled to take appropriate legal action including seeking
injunctive relief, an accounting of profits, damages, legal fees
and costs.
7. We reserve the right from time to time to make modifications and
changes to our website. These modifications and changes may
include, but are not limited to, discontinuing, temporarily or
permanently, any service offered by, or through our website (or any
part thereof) with or without notice. You agree that GWSE shall not
be liable to you or to any other party for any changes and
modifications to our website.
8. You agree that, under certain circumstances and without prior
notice, GWSE may terminate your access to our website, including,
if applicable, purging your member account and any material and
information associated with your member account (including your
user name, password, and profile). Cause for such termination shall
include, but not be limited to, violation of the provisions set
forth in section 5 of these Terms of Use. You acknowledge and agree
that all terminations for cause shall be made in GWSE’s sole
discretion and that GWSE shall not be liable to you or any other
party for the termination of your access to our website or the
purging of any material.
9. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THE SERVICES PROVIDED
IN OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
GWSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
GWSE MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET ANY OF YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE TIMELY, SECURE,
UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE IN OUR WEBSITE
WILL BE USEFUL, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICES OFFERED IN OUR WEBSITE WILL
MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE OPERATION OF AREA
INCLUDING THE OPERATION OF ANY SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
ANY SERVICE IN OUR WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (OR ANY
COMPONENT CONNECTED TO YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH
MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM OUR WEBSITE OR FROM ANY SERVICE PROVIDED IN OUR WEBSITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
IN THIS SECTION MAY NOT APPLY TO YOU.
10. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GWSE SHALL NOT BE
LIABLE TO YOU FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL AND REPUTATION, OR OTHER INTANGIBLE LOSSES. THIS
LIMITATION ON LIABILITY APPLIES EVEN IF GWSE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
11. You agree that GWSE may access, maintain, and disclose
information you provide to our website if required to do so by law
or if GWSE, in good faith, believes that such access, maintenance
or disclosure is reasonably necessary to: (i) comply with any legal
process; (ii) enforce these Terms of Use; (iii) respond to claims
that any material or information posted, provided, transmitted, or
otherwise made available by you violates the rights of third
parties; (iv) respond to your customer service requests; or (v)
otherwise protect the rights and property of GWSE, its vendors,
community members, users and the general public.
You agree to indemnify and hold harmless GWSE, its subsidiaries,
affiliates, directors, officers, agents, vendors or other partners,
and employees, from any claim or demand, including attorneys’ fees,
made by any third party due to or arising out of any material or
information posted, provided, transmitted, or otherwise made
available by you in our website, or by your use of our website, or
by your violation of these Terms of Use, or your violation of the
rights of another.
The Terms of Use constitute the entire agreement between you and
GWSE and govern your use of our website and any services offered in
our website. This agreement supersedes any prior terms of use
agreements between you and GWSE.
These Terms of Use and the relationship between you and GWSE shall
be governed by the laws of the State of New York without regard to
its conflict of law provisions. You and GWSE agree to submit to the
personal and exclusive jurisdiction of the courts located within
the State of Tennessee, Coffee County.
You agree that, except as otherwise expressly provided in these
Terms of Use, there shall be no third party beneficiaries to this
agreement.
The failure to exercise or enforce any right or provision of these
Terms of Use shall not constitute a waiver of such right or
provision. If any provision of these Terms of Use is found by a
court of competent jurisdiction to be invalid, the other terms and
provisions of these Terms of Use shall remain in full force and
effect.
You agree that your member account is non-transferable and any
rights to your account or contents within your account terminate
upon your death.
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of
any services provided in our website or these Terms of Use must be
filed within one (1) year after such claim or cause of action arose
or be forever barred.