Effective 1st June, 2007

YourSpecialDays.co.uk is a service that creates unique personal wedding sites online in order to promote the function before and after the event. The services offered by YourSpecialDays.co.uk ("YSD" or "we") are hosted in the UK.

“Agreement” means the terms and conditions set out herein
“Site Contributor” means someone who is not a Site Owner but who has received from a Site Owner a password to enable materials to be posted to and removed from a site controlled by a Site Owner
“Site Owner” means a person who has subscribed to YSD Services and who, having paid the appropriate fee, has received a Site Owner password from YSD.  A Site Owner additionally has the right to add and remove not only their own content on their site but also the content posted by any Site Contributor to their site.  In that regard the Site Owner acknowledges that it has control of all materials posted to their site and in passing Site Contributor passwords to third parties, materials can be posted by anybody with a Site Contributor password to their site for which YSD can have no responsibility.
“User” means either a Site Owner or a Site Contributor
“Visitor” means a person browsing the YSD website who has yet to register as either a Site Owner or Site Contributor
“YSD Services” means the services provided by YSD under the terms of this agreement.

This Agreement sets forth the legally binding terms for your use of the YSD Services. By using the YSD Services, you agree to be bound by this Agreement, whether you are a Visitor or you are a User. You are only authorised to use the YSD Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the YSD website and discontinue use of the YSD Services immediately. If you wish to become a User and make use of the YSD Services, you must read this Agreement and indicate your acceptance during the registration process.

This Agreement includes YSD’s policy for acceptable use of the YSD Services and content posted on the YSD website, your rights, obligations and restrictions regarding your use of the YSD Services and YSD’s privacy policy. You may receive a copy of this Agreement by emailing us at: privacy@YourSpecialDays.co.uk, Subject: Terms of Use Agreement.

YSD may modify this Agreement from time to time and such modification shall be effective upon posting by YSD on the YSD website. You agree to be bound to any changes to this Agreement when you use the YSD Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

YSD 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 YSD Services at any time, for any or no reason, with or without prior notice, and without liability. YSD expressly reserves the right to remove your information and/or restrict, suspend, or terminate your access to any part of YSD Services if YSD determines, in its sole discretion, that you pose a threat to YSD and/or its Users.

Eligibility. Use of the YSD Services is void where prohibited. By using the YSD Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the YSD Services does not violate any applicable law or regulation. Your use of the service may be terminated without warning, if we believe that you are under 18 years of age.

Term. This Agreement shall remain in full force and effect while you use the YSD Services. You may terminate your use at any time, for any reason, by emailing accounts@YSD, subject: Termination of account. YSD may terminate your use at any time, without warning. Even after use is terminated, this Agreement will remain in effect in respect of accrued rights and obligations.

Fees. You acknowledge that YSD reserves the right to charge for the YSD Services and to change its fees from time to time in its discretion. If YSD terminates your use because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of your fees.

Password. When you apply to become a User, you will be assigned a Site Owner password and also a Site Contributor password.  A Site Contributor can both post and remove material which that Site Contributor posts to a site, but only a Site Owner can post and remove both their own material and also material posted by any Site Contributor. You are entirely responsible for maintaining the confidentiality of your passwords. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify YSD immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account and for any third party material posted to your site by any use or misuse of a Site Contributor password.

Non-commercial use by Users. The YSD Services are for the personal use of Users only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by YSD. Illegal and/or unauthorized use of the YSD Services, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the YSD Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from User profiles without notice and may result in termination of User privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the YSD Services. You are expressly forbidden to resell the YSD services without written approval from YSD. User accounts will be terminated and appropriate legal action will be taken against any breach of this.

 

Proprietary Rights in Content on YSD.  YSD 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 YSD Services. After posting your Content to the YSD 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 YSD Services, you hereby grant to YSD a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the YSD Services for such period as YSD may determine or until you withdraw or delete such Content, whichever shall first occur.

Without this license, YSD would be unable to provide the YSD Services. For example, without the right to modify User Content, YSD would not be able to digitally compress photographs that Users submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform User Content, YSD could not allow Users to view photographs posted by Users. The license you grant to YSD is non-exclusive (meaning you are free to license your Content to anyone else in addition to YSD), fully-paid and royalty-free (meaning that YSD is not required to pay you for the use on the YSD Services of the Content that you post), sublicensable (so that YSD is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the YSD Services), and worldwide (because the Internet and the YSD Services are global in reach). This license will terminate at the time you remove your Content from the YSD Services. The license does not grant YSD the right to sell your Content, nor does the license grant YSD the right to distribute your Content outside of the YSD Services.

You represent and warrant that: (i) you own the Content posted by you on or through the YSD 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 YSD 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 YSD Services.

The YSD Services contain Content of YSD ("YSD Content"). YSD Content is protected by copyright, trademark, patent, trade secret and other laws, and YSD owns and retains all rights in the YSD Content and the YSD Services. YSD hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the YSD Content (excluding any software code) solely for your personal use in connection with viewing the YSD Website and using the YSD Services.

The YSD Services contain Content of Users and other YSD licensors. Except for Content posted by you (or if you are a Site Owner, additionally Content posted by any Site Contributor), you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the YSD Services.

Content Posted.  YSD may delete any Content that in the sole judgment of YSD violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person and notify any appropriate authority. YSD assumes no responsibility for monitoring the YSD Services for inappropriate Content or conduct. If at any time YSD chooses, in its sole discretion, to monitor the YSD Services, YSD 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 and your Site Contributors post on or through any of the YSD Services, and any material or information that you transmit to other Users and for your interactions with other Users. YSD does not endorse and has no control over the Content. Content is not necessarily reviewed by YSD prior to posting and does not necessarily reflect the opinions or policies of YSD. YSD 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 Users.

Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the YSD Services. YSD reserves the right to investigate and take appropriate legal action against anyone who, in YSD's sole discretion, violates this provision, including without limitation, removing the offending communication from the YSD Services and terminating the User of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of YSD:

is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group 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;
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 libellous;
promotes an illegal or unauthorized copy of another person's copyrighted work, such as photographs, music files or video content;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
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;
includes a photograph of another person that you have posted without that person's consent; or
use of sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

The following is a partial list of the kind of activity that is illegal or prohibited on the YSD Website and through your use of the YSD Services. YSD reserves the right to investigate and take appropriate legal action against anyone who, in YSD's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or any other matter which YSD determines in its absolute discretion to be either illegal, immoral, indecent or offensive;
advertising to, or solicitation of, any User to buy or sell any products or services through the YSD Services. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the YSD Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation;
covering or obscuring the banner advertisements on your personal pages, or any YSD page via HTML/CSS or any other means;
any automated use of the system, such as using scripts to add friends or send comments or messages;
interfering with, disrupting, or creating an undue burden on the YSD Services or the networks or services connected to the YSD Services;
attempting to impersonate another User or person;
using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account
selling or otherwise transferring your profile;
using any information obtained from the YSD Services in order to harass, abuse, or harm another person;
displaying an advertisement on your personal pages, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the YSD Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose; or
using the YSD Services in a manner inconsistent with any and all applicable laws and regulations.

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 YSD to terminate User privileges of any User who repeatedly infringes the copyright rights of others upon receipt of proper notification to YSD 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 YSD 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 YSD 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. YSD's Copyright Agent for notice of claims of copyright infringement can be reached as follows: copyrightagent@YSD.

As part of using YSD Services each Site Owner and Site Contributor agrees to indemnify and keep indemnified YSD in respect of all costs, claims, demands and expenses which may arise in respect of any claim from any third party that the intellectual property rights of that third party have been in any way infringed by appearing as Content posted to any YSD Service

Privacy. Use of the YSD Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers. YSD is not responsible for any incorrect or inaccurate Content posted on the YSD Website or in connection with the YSD Services, whether caused by Users of the YSD Services or by any of the equipment or programming associated with or utilized in the YSD Services. Profiles created and posted by Users on the YSD Website may contain links to other websites. YSD 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 YSD. Inclusion of any linked website on the YSD Services does not imply approval or endorsement of the linked website by YSD. When you access these third-party sites, you do so at your own risk. YSD takes no responsibility for third party advertisements which are posted on this YSD Website or through the YSD Services, nor does it take any responsibility for the goods or services provided by its advertisers. YSD is not responsible for the conduct, whether online or offline, of any User of the YSD Services. YSD 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 or User communication. YSD 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 YSD 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 YSD Services. Under no circumstances shall YSD be responsible for any loss or damage resulting from use of the YSD Services, from any Content posted on or through the YSD Services, or from the conduct of any Users of the YSD Services, whether online or offline.

Limitation on Liability. IN NO EVENT SHALL YSD 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 YSD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YSD'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO YSD FOR THE YSD SERVICES DURING THE TERM OF USER AND THE AMOUNT OF INSURANCE HELD BY YSD FOR SUCH LIABILITY.

Disputes. The Terms of this Agreement shall be subject to English law and to the exclusive jurisdiction of the courts of England and Wales.

Indemnity. You agree to indemnify and keep indemnified YSD from any loss, liability, claim, or demand, including legal fees, made by any third party due to or arising out of your use of the YSD 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 YSD Website or through the YSD Services causes YSD to be liable to another.

YourSpecialDays is the trading name of YourSpecialDays LLP

Please contact us with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.     □ (Click Box)