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December 17, 2014  








TERMS OF SERVICE

  1. AGREEMENT

    Brilliance Web Design, Inc. provides the following Service to you subject to the following Terms of Service ("Terms") which may be updated by us from time to time without notice to you.

  2. DESCRIPTION OF SERVICE

    Brilliance Web Design, Inc. ("Brilliance Web Design") operates this site (brilliantweddingpages.com and bwedd.com) and associated web pages which for purposes of this Terms of Service ("Terms") will be referred to as "BWEDD.COM". Brilliance Web Design offers you access to BWEDD.COM which provides you with various online resources, including wedding web site design and hosting services (the "Service"). Brilliance Web Design offers you access to this Service conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Services constitutes your agreement to all such terms, conditions, and notices stated here and as may be modified by Brilliance Web Design from time-to-time in its sole discretion without notice to you. Unless explicitly stated otherwise, any new features or products that augment or enhance the current Service shall be subject to these Terms of Service.

  3. REGISTRATION OBLIGATIONS

    In consideration of use of the Service, you agree to:

    • provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and
    • maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

    If you provide any information that is untrue, inaccurate, not current or incomplete, or Brilliance Web Design has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Brilliance Web Design has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

  4. BRILLIANCE WEB DESIGN PRIVACY POLICY

    Pursuant to Brilliance Web Design's privacy policy, we may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the Terms, or under any of the other circumstances set forth in our privacy policy, as may be amended from time to time. For more information, please see our full privacy policy at http://www.bwedd.com/guests/privacypolicy.asp

  5. ONLINE CONDUCT

    You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Brilliance Web Design, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service.

    Brilliance Web Design does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.

    You agree that:

    • you will not use BWEDD.COM, in whole or in part, for any purpose that is unlawful or prohibited by these Terms.
    • you are solely responsible for any Content or information you publish, display or post on the Service.
    • you will not publish, display or post on the Service any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, or illegal Content.
    • you will not publish, display or post on the Service any Content that infringes or violates another party's intellectual property rights (including another party's copyrights, trademark rights or trade secret rights) or rights of privacy, publicity or personality.
    • you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service. This means, among other activities, that you agree not to engage in the practices of "screen scraping" or any other activity with the purpose of obtaining lists of users or other information.
    • you will not use the Service in any way which could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service.
    • you may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.
    • except with the written permission of Brilliance Web Design, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Service. Unauthorized individuals attempting to access prohibited areas of the Service may be subject to prosecution.
    • you will not impersonate any person or entity, including, but not limited to, a Brilliance Web Design or BWEDD.COM employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    • you will not upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • you will not publish, display or post on the Service any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    • you will not upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • you will not collect or store personal data about other users of the Service.
    • You will not promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
    • You will not use the Service to engage in commercial activities, except with the written permission Brilliance Web Design.

  6. MONITORING

    Brilliance Web Design reserves the right, but has no obligation, to monitor the materials posted in publicly-accessible areas of BWEDD.COM. Brilliance Web Design has the right to remove any such material, that in Brilliance Web Design's sole discretion, violates, or may violate, any third party right, applicable law or these terms of service. Notwithstanding this right, you remain solely responsible for the content of the materials you post in publicly-accessible areas of BWEDD.COM.

  7. LIMITED USE LICENSE

    Subject to these Terms, Brilliance Web Design hereby grant's you a non-exclusive, non-transferable, license to use the Service while you are a member of the Service. You may not sublicense, assign, distribute, delegate, rent, lease, time-share or otherwise transfer this license or any of the related rights or obligations for any reason.

  8. INTERNATIONAL USE

    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.

    The Service may not be used by a national or resident of

    • Cuba, North Korea, Libya, Iraq, Yugoslavia, UNITA (Angola), Iran, Syria, Sudan, to the territory of Afghanistan controlled by the Taliban, or any other country to which the U.S. has embargoed goods; or
    • to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.

    By using the Services, you are agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

  9. LIMITED USE LICENSE TO BRILLIANCE WEB DESIGN

    Brilliance Web Design does not claim ownership to any of the Content you provide to the Service. By posting information or Content to any public area of the Service, you grant to Brilliance Web Design a non-exclusive, worldwide , royalty-free, license to use, duplicate, publish, adapt, transmit, display and distribute such information or content for the limited purposes of displaying and promoting the user's information and content on BWEDD.COM. The term of the license will extend only for the duration of your membership to the Service. In the event that your membership is terminated for any reason, Brilliance Web design will relinquish all rights to such information and content as described above following the duration of any applicable promotional activities ongoing at the time the membership is terminated.

  10. RIGHT TO REFUSE SERVICE

    Brilliance Web Design reserves the right to refuse to display advertisements for, establish links to or from, and provide any portion of the Service to, any web site that contains, advertises or links to any other web site that contains Prohibited Material.

    "Prohibited Material" shall include the following:

    • nudity, sexual situations, pornography, and sexual material of a lewd, lecherous or obscene nature and intent as determined by Brilliance Web Design at their sole discretion;
    • any material that violates local, state or any federal laws;
    • any material that violates or infringes in any way the rights of any third party, including without limitation, copyright or trademark rights;
    • hate propaganda or hate mongering, swearing, or fraudulent material or activity;
    • any material that is threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable or inappropriate as determined by Brilliance Web Design at their sole discretion;
    • any material that promotes, encourages, or provides instructional information about illegal activities;
    • any software, information, or other material that contains a virus, "Trojan Horse," corrupted data, or any other harmful or damaging component; or
    • any software or information to promote or utilize software or services designed to deliver unsolicited e-mail.

    In addition, Brilliance Web Design reserves the right to reject any advertising that contains Prohibited Material.

  11. INDEMNITY

    You agree to indemnify and hold Brilliance Web Design, and its officers, subsidiaries, affiliates, 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 your Content, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.

  12. NO RESALE OF SERVICE

    You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.

  13. MODIFICATION OF SERVICE

    Brilliance Web Design reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Brilliance Web Design shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  14. YOUR PASSWORD AND ACCOUNT INFORMATION

    Upon your successful enrollment in the Service, Brilliance Web Design will send you your password and your account information. You are entirely responsible for maintaining the confidentiality of your password and account. You are responsible for the use of your account and all activity under your account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. You agree to indemnify, defend, and hold harmless Brilliance Web Design for any liability or expense arising from such use or misuse of your password and account. You agree to immediately notify Brilliance Web Design of any unauthorized use of your account.

  15. ADVERTISEMENTS AND PROMOTIONS

    Although Brilliance Web Design does not currently run advertising or promotions BWEDD.COM members' wedding web sites you agree that Brilliance Web Design reserves the right to do so. By creating your BWEDD.COM wedding web site, you agree that Brilliance Web Design has the right to run such advertisements and promotions. The manner, mode and extent of advertising by Brilliance Web Design on your BWEDD.COM wedding web site is subject to change.

    Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Brilliance Web Design shall not be responsible or liable for any loss damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

  16. LINKS

    The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Brilliance Web Design has no control over such sites and resources, you acknowledge and agree that Brilliance Web Design is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Brilliance Web Design shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

  17. BRILLIANCE WEB DESIGN PROPRIETARY RIGHTS

    You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Brilliance Web Design or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.

    You agree not to access the Service by any means other than through the interface that is provided by Brilliance Web Design for use in accessing the Service.

  18. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    • YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BRILLIANCE WEB DESIGN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF performance, suitability, accuracy, reliability, fitness for a particular purpose AND NON-INFRINGEMENT.
    • BRILLIANCE WEB DESIGN MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
    • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BRILLIANCE WEB DESIGN OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

  19. LIMITATIONS OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRILLIANCE WEB DESIGN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BRILLIANCE WEB DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

    • THE USE OR THE INABILITY TO USE THE SERVICE;
    • THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
    • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
    • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
    • ANY OTHER MATTER RELATING TO THE SERVICE.

  20. EXCLUSIONS AND LIMITATIONS

    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 OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.

  21. COPYRIGHTS

    Brilliance Web Design respects the intellectual property of others, and we ask our users to do the same. Brilliance Web Design may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others.

    If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Brilliance Web Design with the following information:

    • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • a description of the copyrighted work that you claim has been infringed;
    • a description of where the material that you claim is infringing is located on the site;
    • your address, telephone number, and email address;
    • a 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;
    • 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.

    Contact Brilliance Web Design as follows with the above information:

    By mail:
    Brilliance Web Design, Inc.
    P.O. Box 667
    Hales Corners, WI 53130

    By phone: (414) 425-4069

    By fax: (888) 735-8904

    By e-mail: copyright@bwedd.com

  22. GENERAL INFORMATION

    This Agreement represents the complete agreement concerning this Service between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under the internal laws and jurisdiction of the State of Wisconsin. The parties hereby agree to submit to jurisdiction in Milwaukee, Wisconsin. If any provision is held by a court of competent jurisdiction to be contrary to law, such provisions shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect. Brilliance Web Design may assign or sublicense this Agreement. You may not assign this Agreement without Brilliance Web Design's prior written consent; any assignment by you without such consent shall be null and void. Each party shall be responsible for compliance with all applicable laws, rules and regulations, if any, related to the performance of its obligations under this Agreement. Neither party will be liable for any failure to perform any obligation (other than payment obligations) hereunder, or from any delay in the performance thereof, due to causes beyond its control, including industrial disputes of whatever nature, acts of God, public enemy, acts of government, failure of telecommunications, fire or other casualty. Brilliance Web Design is not responsible for any costs or liability associated with making a connection (by any means) to the Internet, the Service or other online service, or network. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions. The sections headings appearing in this Agreement are inserted only as a matter of convenience and shall not be interpreted as substantive. Nothing in this Agreement will be deemed to limit or restrict Brilliance Web Design from entering into agreements with any other person covering services similar to the Services or from offering such similar services itself. The parties hereto are independent contractors, and nothing in this Agreement creates any Providership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You have no authority to make or accept any offers or representations on Our behalf and you shall not make any statement that contradicts anything in this Section.

  23. VIOLATIONS

    Please report any violations of this Agreement via our Contact Us Form.









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