MouseWeddings.com Website Terms and Conditions
of Use
By accessing the website of MouseWeddings.com
located at www.mouseweddings.com, or at any other related
internet address (collectively, the "Site"), you
("User") agree in your individual capacity and on
behalf of any entity you may represent that the User has read
and agrees to all of the following terms and conditions:
1. Intellectual Property Ownership. MouseSavers,
Inc. ("MouseSavers") is the sole and exclusive owner
of all intellectual property rights in and to all aspects
of the Site including, without limitation, any related patents,
copyrights, trade secrets, trade names, trademarks, service
marks, goodwill, moral rights, and any other intellectual
property rights or intangible assets recognized under any
laws or international conventions. MouseSavers may modify,
disable, or delete the Site, its functions and/or Site content
at any time and for any reason without prior notice.
2. Limited License to Use Materials Provided
on the Site. MouseSavers grants user a limited license
to use the materials made available on the Site only for User's
personal use. The materials on the Site shall not be used
for any commercial purposes whatsoever. User acknowledges
that any copies or derivative works created from the materials
on the Site shall be the sole and exclusive property of MouseSavers.
MouseSavers, in its sole discretion, may revoke this license
at any time without prior notice to User and without liability.
3. User Conduct. As a condition of use
of the Site, User represents and warrants that User shall
not use the Site for any purpose that is unlawful or prohibited
by this Agreement. User agrees to abide by all applicable
local, state, national and international laws and regulations
and User shall be solely responsible and liable for all acts
or omissions that occur while User or any agent of User accesses
the Site. By ways of example, and not as a limitation, User
agrees:
-
Not to transmit or upload any material
to the Site that contains viruses, trojan horses, worms,
time bombs, or any other harmful or deleterious programs;
-
Not to interfere with or disrupt the Site
networks or servers;
-
Not to delete any legal notices, disclaimers
or proprietary notices;
-
Not to attempt to gain unauthorized access
to the Site, other accounts, computer systems or networks
connected to the Site, through password misuse, mining
or any other means; or
-
Not to interfere with MouseSavers or another
authorized party's use and enjoyment of the Site.
MouseSavers has no obligation to monitor use
of the Site or retain the content of any of the sessions on
the Site. However, MouseSavers reserves the right at all times
to monitor, review, retain and/or disclose any information
as necessary to satisfy any applicable law, regulation, legal
process, governmental request or the business needs of MouseSavers.
User shall immediately notify MouseSavers of any breach of
this Agreement.
4. Links to Third Party Web Sites. MouseSavers
may provide reference or hyperlinks to third party Web sites
as a convenience to Users of the Site. MouseSavers does not
control third party Web sites and is not responsible for the
contents of any referenced or linked-to, third party Web sites
or any hyperlink in a linked-to site or the content or use
thereof.
5. Indemnification. User shall indemnify,
defend and hold MouseSavers and its affiliates, officers,
directors, employees, shareholders, members or agents harmless
from all damages, liabilities and expenses (and all legal
costs including attorneys' fees, court costs, expenses and
settlements resulting from any action or claim) arising out
of, connected with or resulting from any violation of this
Agreement by User, User's use of the Site or information provided
by the Site.
6. Disclaimer. THE SITE AND ALL INFORMATION
CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT
PERMITTED BY LAW, MOUSESAVERS DISCLAIMS ALL WARRANTIES, INCLUDING
THE WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD
PARTIES' RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE. MOUSESAVERS MAKES NO WARRANTIES WITH REGARD TO THE
ACCURACY, RELIABILITY, ACCESSIBILITY, COMPLETENESS, OR TIMELINESS
OF ANY INFORMATION SUPPLIED. MOUSESAVERS DOES NOT WARRANT
THAT THE SITE WILL BE OPERATIONAL, SECURE, ERROR-FREE OR VIRUS
FREE. USER USES THE SITE AND ALL SITE INFORMATION AT USER'S
OWN RISK.
7. Limitation of Liability. IN NO EVENT
SHALL MOUSESAVERS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS,
MEMBERS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES,
LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION, RESULTING FROM THE USE OR INABILITY TO USE THE
SITE OR FOR INFORMATION CONTAINED THEREIN, WHETHER SUCH LIABILITY
IS BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT SUCH PARTY IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL
LIABILITY OF MOUSESAVERS, OR ITS OFFICERS, DIRECTORS, EMPLOYEES,
SHAREHOLDERS, MEMBERS AND AGENTS, UNDER THIS AGREEMENT, REGARDLESS
OF THE FORM OF CLAIM OR ACTION, EXCEED IN THE AGGREGATE OF
ONE HUNDRED ($100.00) DOLLARS.
8. Force Majeure. MouseSavers shall not
be liable for delay or failure in any of its performance hereunder
or a failure of the Site due to causes beyond its reasonable
control, including, but not limited to, an act of God, war,
terrorism, natural disaster, governmental regulations, communication
or utility failures or the failures or acts of third parties.
9. Jurisdiction and Governing Law. This
Agreement shall be construed, governed and enforced under
the laws of the United States and the State of Colorado (without
regard to rules governing conflict of laws). User agrees that
venue for all actions, relating in any manner to this Agreement,
shall be in a federal or state court of competent jurisdiction
located in El Paso County, Colorado. Each party hereby consents
and submits to the in personam jurisdiction of such courts,
and to the extent permitted by law, hereby consents that all
services of process may be made by any nationally recognized
overnight courier, or by certified or registered mail, postage
prepaid and return receipt requested. Each party waives any
objection based on forum non conveniens and waives any objection
to venue of any action instituted hereunder to the extent
that an action is brought in the courts identified above.
Each party agrees that a final judgment in any such action
shall be conclusive and may be enforced in any other jurisdiction
in any manner provided by law.
10. Severability. If any provision hereof
is declared invalid by a court of competent jurisdiction,
such provision shall be ineffective only to the extent of
such invalidity, so that the remainder of that provision and
all remaining provisions of this Agreement will continue in
full force and effect.
11. Waiver. No waiver of any breach of
a provision of this Agreement shall constitute a waiver of
any prior, concurrent or subsequent breach of the same or
any other provision hereof and no waiver shall be effective
unless made in writing.
12. Modifications. MouseSavers may modify
this Agreement at any time, at its discretion, and modifications
are effective upon being posted on the Site. User is responsible
for reviewing this Agreement to ensure that User is aware
of any changes made to the Agreement.
All User inquiries related to the Site or this
Agreement should be directed to
.
Disclaimer
MouseWeddings.com
is a trademark of MouseSavers, Inc.
MouseWeddings.com is not an official site of
The Walt Disney Company.
Please call hotels, airlines, restaurants, merchants,
theme parks and/or resorts directly, or visit their official
web pages to confirm critical information before your visit.
Disneyland®, Walt Disney World®, Disney
Cruise Line®, Magic Kingdom®, Epcot®, Disney's
Animal Kingdom®, Disney's FASTPASS®, Park Hopper®,
Downtown Disney®, DisneyQuest®, Disney's Wide World
of Sports, All-Star Cafe®, Disney's California
Adventure, Disney's Paradise Piersm,
Disney's Grand Californian Hotel®, Disney Magic® and
Disney Wonder®, are trademarks of the Walt Disney Company.
Content of MouseWeddings.com is © MouseSavers,
Inc. 2006-2007. Website content may not be reproduced in whole
or in part without the prior written permission of MouseSavers,
Inc.
Ver. 1/2007