Terms and Conditions
California Wedding Day is a wedding website that provides valuable wedding-related information for the modern bride. These Terms of Use ("Agreement") describe the terms and conditions (the "Terms") applicable to your use of the services of Blu wedding inspired style + decor . ("California Wedding Day"), available at wedblu .com (the "Site"). By using the Site, you signify your acceptance of these Terms. If you do not agree to these terms, please do not use this Site. We reserve the right to amend these Terms from time to time without notice. All modified terms and conditions shall take effect immediately after posting to the blu wedding website. We encourage you to review this page periodically because any changes will be binding on you. This Agreement may not be modified, amended, and/or changed by you in any manner; however, you may choose to terminate your membership at your choosing. This Agreement is effective on February 14, 2011 for all users.
California Wedding Day is a Neutral Venue. California Wedding Day is an innovative community and marketplace for the wedding industry. California Wedding Day is not a wedding product or service provider, wedding vendor or an agent representative. California Wedding Day members ("Members") include prospective brides and grooms, newlyweds and their Wedding guests (collectively, "Wedding Members") and companies and other third parties offering products and services related to Weddings ("Vendor Members"). We and the Site function solely as a neutral venue and digital clearinghouse where Wedding Members and Vendor Members may connect for a particular type of service or product. We are not involved in or a party to the actual transaction between Members. As a result, We have no control over the quality, accuracy, safety, or legality of the transactions that take place on our Website, the accuracy of listings, or the ability of Wedding Vendors to provide items or services and we are not responsible for the actions or inactions of Wedding Members or Vendor Members.
Vendor Members. You acknowledge the following: California Wedding Day does not provide any of the products or services advertised or offered by Vendor Members. We do not endorse any Vendor Member, nor do We guarantee the quality of their goods or services. Any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to products and services offered through the California Wedding Day venue are not provided by us and are specifically and solely between you and the Vendor Member. Any transaction you enter into with a Vendor Member is strictly between you and the Vendor Member, and California Wedding Day is not a party to that transaction. Any dispute you have with a Vendor Member is between you and the Vendor Member, and We will not be a party to that dispute.
Website Members: Please choose carefully the information you post on California Wedding Day and that you provide to other Users. Your California Wedding Day profile(s) may not include the following items: content that presents any business or individual in a negative light, any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other California Wedding Day Users (for instance, in registration information) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and California Wedding Day assumes no responsibility or liability for this material. If you become aware of misuse of the California Wedding Day Services by any person, please contact California Wedding Day at violation-alert@californiaweddingday.com
Prohibited Activities. Visitors to and Members of the Site may not:
- Create an account in another's name
- Create more than one account
- Use another's account
- Impersonate another person or entity
- Criticizes a business or individual
- Harasses or advocates harassment of another person;
- Exploits people in a sexual or violent manner; contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- Includes a photograph of another person that you have posted without that person’s consent.
- Solicits personal information from anyone under 18;
- Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- Any automated use of the system, such as using scripts to add friends or send comments or messages;
- Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
- Use the Site to break the law or applicable regulations, encourage others to do so, or offer instructions on how to do so
- Offer to provide products or services that violate any applicable law, statute, ordinance or regulation (collectively "Laws"), or offer any products or services in a manner that violates any Laws
- Collect or harvest information about Site Members, including but not limited to use of robots, spiders, or similar means
- Use information on the Site to send unsolicited email to Members
- Covering or obscuring the banner advertisements on your personal profile page, or any California Wedding Day page via HTML/CSS or any other means;
- Do anything that interferes with or places an undue burden on the Site (as determined by California Wedding Day in our sole discretion)
- Use the Site if your membership has been temporarily or permanently suspended or revoked
- Interfering with, disrupting, or creating an undue burden on the California Wedding Day Services or the networks or services connected to the California Wedding Day Services;
- Displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the California Wedding Day Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
-Using the California Wedding Day Services in a manner inconsistent with any and all applicable laws and regulations.
- Violate any terms of this Agreement
California Wedding Day reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the California Wedding Day Services at any time, for any or no reason, with or without prior notice, and without liability.
California Wedding Day does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post to the California Wedding Day Services. After posting your Content to the California Wedding Day Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (“posting”) any Content on or through the California Wedding Day Services, you hereby grant to California Wedding Day a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the California Wedding Day Services.
Without this license, California Wedding Day would be unable to provide the California Wedding Day Services. The license you grant to California Wedding Day is non-exclusive (meaning you are free to license your Content to anyone else in addition to California Wedding Day), fully-paid and royalty-free (meaning that California Wedding Day is not required to pay you for the use on the California Wedding Day Services of the Content that you post), sublicensable (so that California Wedding Day is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the California Wedding Day Services), and worldwide (because the Internet and the California Wedding Day Services are global in reach). This license will terminate at the time you remove your Content from the California Wedding Day Services except as to any Content that California Wedding Day has sublicensed prior to your removal of your Content from the California Wedding Day Services. The license does not grant California Wedding Day the right to sell your Content, nor does the license grant California Wedding Day the right to distribute your Content outside of the California Wedding Day Services.
You represent and warrant that: (i) you own the Content posted by you on or through the California Wedding Day Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the California Wedding Day Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the California Wedding Day Services.
The California Wedding Day Services contain Content of California Wedding Day (“California Wedding Day Content”). California Wedding Day Content is protected by copyright, trademark, patent, trade secret and other laws, and California Wedding Day owns and retains all rights in the California Wedding Day Content and the California Wedding Day Services. California Wedding Day hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the California Wedding Day Content (excluding any software code) solely for your personal use in connection with viewing the California Wedding Day Website and using the California Wedding Day Services.
The California Wedding Day Services contain Content of Users and other California Wedding Day licensors. Except for any such Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the California Wedding Day Services.
Content Posted: California Wedding Day may delete any Content that in the sole judgment and discretion of California Wedding Day is undesirable, violates this Agreement or the purposes of the California Wedding Day Services or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. California Wedding Day assumes no responsibility for monitoring the California Wedding Day Services for inappropriate Content or conduct. If at any time California Wedding Day chooses, in its sole discretion, to monitor the California Wedding Day Services, California Wedding Day nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the California Wedding Day Services, and any material or information that you transmit to other Members and for your interactions with other Users. California Wedding Day does not endorse and has no control over the Content. Content is not necessarily reviewed by California Wedding Day prior to posting and does not necessarily reflect the opinions or policies of California Wedding Day. California Wedding Day makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
The following is a partial list of the kind of activity that is illegal or prohibited on the California Wedding Day Website and through your use of the California Wedding Day Services. California Wedding Day reserves the right to investigate and take appropriate legal action against anyone who, in California Wedding Day’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of California Wedding Day to terminate the privileges of any User who infringes the copyright rights of others upon receipt of prompt notification to California Wedding Day by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the California Wedding Day Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the California Wedding Day Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. California Wedding Day’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: email: thea.hargrove@tigeroak.com
Disclaimers. California Wedding Day is not responsible for any incorrect or inaccurate Content posted on the California Wedding Day Website or in connection with the California Wedding Day Services, whether caused by Users of the California Wedding Day Services or by any of the equipment or programming associated with or utilized in the California Wedding Day Services. Profiles created and posted by Users on the California Wedding Day Website may contain links to other websites. California Wedding Day is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by California Wedding Day. Inclusion of any linked website on the California Wedding Day Services does not imply approval or endorsement of the linked website by California Wedding Day. When you access these third-party sites, you do so at your own risk. California Wedding Day takes no responsibility for third party advertisements which are posted on this California Wedding Day Website or through the California Wedding Day Services, nor does it take any responsibility for the goods or services provided by its advertisers. California Wedding Day is not responsible for the conduct, whether online or offline, of any User of the California Wedding Day Services. California Wedding Day assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. California Wedding Day is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the California Wedding Day Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the California Wedding Day Services. Under no circumstances shall California Wedding Day be responsible for any loss or damage, including personal injury or death, resulting from use of the California Wedding Day Services, attendance at a California Wedding Day event, from any Content posted on or through the California Wedding Day Services, or from the conduct of any Users of the California Wedding Day Services, whether online or offline. The California Wedding Day Services are provided “AS-IS” and as available and California Wedding Day expressly disclaims any warranty of fitness for a particular purpose or non-infringement. California Wedding Day cannot guarantee and does not promise any specific results from use of the California Wedding Day Services.
Limitation on Liability. IN NO EVENT SHALL California Wedding Day BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF California Wedding Day HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, California Wedding Day’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO California Wedding Day FOR THE California Wedding Day SERVICES DURING THE TERM OF USE.
Special Admonitions for International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Disputes. If there is any dispute about or involving the California Wedding Day Services, you agree that the dispute shall be governed by the laws of the Commonwealth of Ventura County, California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the Commonwealth of Ventura County in the city of Ventura, California, USA. Either California Wedding Day or you may demand that any dispute between California Wedding Day and you about or involving the California Wedding Day Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Ventura, California, USA, provided that the foregoing shall not prevent California Wedding Day from seeking injunctive relief in a court of competent jurisdiction.
Indemnity. You agree to indemnify and hold California Wedding Day, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the California Wedding Day Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the California Wedding Day Website or through the California Wedding Day Services causes California Wedding Day to be liable to another.
Other. This Agreement is accepted upon your use of the California Wedding Day Website or any of the California Wedding Day Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and California Wedding Day regarding the use of the California Wedding Day Services. The failure of California Wedding Day to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. California Wedding Day is a trademark of NOOK Media, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Waiver and Severability of Terms. The failure of California Wedding Day to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Statute of Limitations. 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 the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
VIOLATIONS.Please report any violations of these Terms of Use to us by emailing us at admin@californiaweddingday.com
Please contact us at: admin@californiaweddingday.com with any questions regarding this Agreement.
