Below are the major rules of submission to and use of StoryMyWedding (herein abbreviated “SMW”).
Policy date of effect and revisions.
The current policy is effective October 15th 2016. Revisions to the following terms and conditions may occur periodically and are applicable only after the latest revision date. SMW reserves the right to update these revisions without notice and to remove, change or update any and all content of this site at will.
BY USING SMW WEBSITE ALL “USERS” AND “CONTRIBUTORS” UNDERSTANDS AND AGREES TO THE FOLLOWING:
“USER”: Any person that views content on SMW ( e.g. Typical internet viewer).
“CONTRIBUTOR”: Any person that provides content to SMW. Typically this will be a photographer or other wedding professional.
Submission of Content and Usage
If you choose to submit Content to SMW, you affirm, represent, and warrant that you have the necessary rights, ownership, and permissions to submit such Content. You agree that you will not submit Content that is copyrighted unless you are the owner of said copyright or have permission from the owner to submit the material and grant us the rights contained herein. Submission of Content to SMW does NOT imply transference of copyright ownership to SMW.
the right to incorporate the Content in digital or print media for distribution, subscription, or otherwise; and reproduce, distribute, and publicly display the Content on SMW and its related social media channels. You also grant each visitor or user of SMW a non-exclusive license to use and display the Content through the functionality of SMW. You acknowledge that SMW holds all rights to any revenue derived from SMW’s authorized use of the Content. The license does not grant SMW the right to distribute your content outside of the terms contained herein. SMW reserves the right to remove, edit, and modify Content at any time and for any reason, without notice. SMW reserves the right to accept or reject all or part of a Content submission. You shall indemnify, defend and hold SMW harmless from and against any and all claims, costs (including attorney’s fees) and damages arising out of SMW use of Materials.
Any and all materials created or produced by SME will remain the sole property of SMW. This material includes, but is not limited to, the design, layout, look, appearance, logos, graphics, photos, icons and text (referred to as “Content”). The USER/CONTRIBUTOR will accrue no rights in any such copy and materials and is prohibited from any use of copy or other materials without prior written consent from SMW, except as noted below under fair use. All Content published on SMW is copyrighted as a collective work under United States copyright law, and SMW. owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. All rights to such Content are reserved. Reproduction is prohibited other than in accordance with the rules put forth in these terms and conditions. Please also respect the copyright of all photographers, vendors and artists featured here. Copyright is retained by the originator for all images and text generated by others; any images and text generated by others are used on this site with their permission or within the purview of “fair use” and include an accredited link with appropriate direction to the content’s originator.
Any commercial or public use of the Content on SMW without our prior written permission is strictly prohibited. You may not modify, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit for any other purposes any Content from SWM without first obtaining written permission from SMW (see contact details below).
CONTRIBUTOR shall indemnify, defend and hold SMW harmless, including its employees, shareholders, members, officers, agents and directors, from and against any and all loses, claims, liabilities, damages, attorneys fees, costs and expenses arising out of, related to, or otherwise incurred as a result of, any actual or threatened claim, action, investigation, proceeding or suit alleging that the licensing, copying, use, reproduction, modification or distribution of any information, copy or materials provided by CONTRIBUTOR including, but not limited to claims that the foregoing constitutes an infringement, dilution or unauthorized use of any intellectual property right, right of privacy, right of publicity or any other proprietary or contract right of any third party.
DISCLAIMER: Limitation of Liability
THIS WEB SITE AND THE CONTENT AVAILABLE ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE USE OF THIS WEB SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. IN NO EVENT
SHALL SMW OR ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THIS WEB SITE OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THIS WEB SITE. EQ \* jc2 \* “Font:ArialMT” \* hps11 \o\ad(\s\up11(SMW),SMW) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SMW DOES NOT REPRESENT OR WARRANT MATERIALS ON THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. SMW DOES NOT REPRESENT OR WARRANT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMW RESERVES THE RIGHT TO CHANGE THE CONTENT OF ITS WEBSITE WITHOUT NOTICE.
a. Governing Law, Language and Venue – This Agreement will be interpreted and enforced in accordance with the laws of the State of New York, USA, without regard to its conflict of laws principles of any state, country or jurisdiction. All legal communication shall be in English. Any claim arising out of or related to this Agreement shall be brought in the state or federal courts located in New York City, New York, USA..hereby submits to the exclusive jurisdiction of such courts.
b. No Assignment – CONTRIBUTOR shall not assign or transfer this Agreement via operation of law or otherwise without the prior written consent of SMW. Any attempted assignment by CONTRIBUTOR shall be null and void.
c. Integration and modification – This Agreement constitutes the entire Agreement between the parties and supersedes any other communications, representations or agreements between the parties regarding the subject matter herein. No modifications or amendments shall be made to this Agreement other than by a written amendment signed by all the parties.
d. Notices – Notices hereunder shall be deemed effective upon actual receipt, or seven days after they are deposited in the United States Mail, whichever is earlier, or immediately when sent via electronic mail, to SMW at the address below or such other address designated by a party in writing:
Attn: Kayoko Toomre
104 Watering Pond Road, Guilford, Connecticut, USA 06437
e. Force Majeure – Neither party shall be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is caused by a force beyond such party’s control, including but not limited to embargo, strike, war, civil strife or disturbances, fires, floods, acts of God, governmental restrictions, communication line failures, and power failures.
f. Arbitration – Notwithstanding anything to the contrary contained herein, any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules. The place of arbitration shall be New York City NY, USA. The language to be used in the arbitral proceedings shall be English. The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. CONTRIBUTOR agrees to the entry of injunctive relief to stop any lawsuit or to remove Member as a participant in such a suit. This Agreement does not constitute a waiver of any of Member’s rights and remedies to pursue a claim individually in binding arbitration, but not as a class action. This provision preventing CONTRIBUTOR from bringing, joining or participating in class action lawsuits is an independent covenant. CONTRIBUTOR may opt-out of this Section by providing written notice of CONTRIBUTOR decision within thirty (30) days of the date that Member first uses the site.