MorePhotos End User License Agreement
Thank you for using and installing the MorePhotos Facebook application (“Application”).
The Application is owned and operated by Wedding Details, Inc. d/b/a WD Web, a corporation organized under the laws of the State of Michigan (“WD Web”). WD Web licenses this Application to you subject to the terms and conditions of this End User License Agreement (“Agreement”).
This Agreement regarding your use of the Application is by and between you, the user and downloader of the Application, and WD Web. You agree to read, accept, and abide by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not entitled to use the Application and must terminate the installation or use of the Application immediately.
YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE INSTALLING AND RUNNING THE APPLICATION. YOUR INSTALLATION, USE, OR OPERATION OF THIS APPLICATION CONSTITUTES YOUR MANIFESTATION OF ASSENT TO AND ACCEPTANCE OF THE TERMS OF THIS AGREEMENT.
WD Web reserves the right to amend, modify, suspend, replace, or terminate this Agreement at any time and in its sole and absolute discretion.
Warranties and Representations
You warrant and agree that you are a human individual that is age eighteen (18) or above or that you are a human individual age thirteen (13) or above that has obtained verifiable consent from your parent or guardian evidencing the fact that you are authorized to use the Application. You further warrant that your use of this Application will not violate any law, regulation, statute, ordinance, or treaty and that you are not prohibited from assenting to this Agreement by any other agreement or covenant. If you are accessing this Application on behalf of an entity, whether business, non-profit, or governmental, you warrant that you have the authority to bind that entity to this Agreement.
You understand that WD Web is a service provider that facilitates the purchase and sale of digital goods. Though WD Web undertakes commercially reasonable efforts to protect its users, you understand and agree that you use the Application and its associated services at your own risk.
Collection and Use of Personal Information
WD Web may collect personal or personally identifiable information from you when you use the Application. This personal or personally identifiable may include but is not limited to first and last names, email addresses, postal addresses, cities, zip codes, telephone numbers, ages, photographs, usage data, such as the frequency of use or the pages visited within the Application, operating system version, application version, and other relevant information (hereinafter “Personal Information”).
By using the Application, you expressly consent to the collection and use of your Personal Information to communicate with you, to provide you with products, service, and support, to provide you with information concerning WD Web’s benefits or services, to display third party advertisements, to store, archive, retrieve, and make copies of your User Generated Content, to understand your needs and requests, to tailor the Application according to your preferences, and to otherwise facilitate your use of the Application, its upgrades, or its replacements.
You understand and agree that WD Web will not be held responsible for any third party communications send by entities that WD Web does not own or control.
Transfer, Sharing, and Disclosure of Personal Information
By using the Application, you expressly consent to the collection, transmission, storage, archival, and processing of your Personal Information by WD Web, including but not limited to the transfer of your Personal Information across national borders. WD Web does not sell, rent, transfer or lease your Personal Information to any individual, business, or government agency except to comply with a duly authorized subpoena, to comply with an applicable law or regulation, to protect WD Web, its employees, its property, or third parties on its property, to provide you with services at your request, to collect, transfer, and store your User Generated Content, to display third party advertisements within the Application, to provide you with information or services that may be of interest to you, or to aid WD Web in the acquisition or sale of a business unit or subsidiary.
WD Web has adopted commercially standard and commercially reasonable encryption to protect your Personal Information. WD Web cannot guarantee that its security system is completely safe and secure and you provide any and all Personal Information at your own risk.
Accuracy and Integrity of Personal Information
You are responsible for ensuring that your Personal Information is current and accurate and you understand and agree that you have a continuing duty to inform WD Web of any changes in your Personal Information. You understand and agree that WD Web will not be held responsible for any issues that arise out of or in relation to your failure to update your Personal Information.
Changes and Amendments
Ownership of Content and Intellectual Property Rights
WD Web is the owner of the Application and all intellectual property rights arising out of that ownership, including but not limited to copyright rights, patent rights, trademark rights, trade secrets, confidential information, rights of publicity, and rights of privacy. Consequently, the Application is subject to the copyright and other intellectual property laws of the United States, foreign states, and international treaties.
WD Web is the owner the MOREPHOTOS trademark, which is registered with the United States Patent and Trademark Office. Additionally, WD Web is the owner or licensee of the trademarks, service marks, design marks, logos, and trade names displayed on the Application. WD Web is also the owner of all rights in and to the visual appearance, shape, color scheme, selection, and arrangement of the Application, which constitutes WD Web’s trade dress. You are expressly prohibited from using WD Web’s trademarks, service marks, design marks, logos, trade dress, or trade names in a manner that is likely to cause consumer confusion, whether in domain names, meta tags, pay per click advertisements, or keywords.
WD Web hereby provides you with a limited, non-exclusive, non-assignable, non-sublicensible, and revocable license to use the Application for its customary and intended purposes. Use of the Application for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in the immediate termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to WD Web.
You are expressly prohibited from reproducing, preparing derivative works
of, distributing, performing publicly, displaying publicly, scraping, framing, hacking, reverse engineering, crawling, or aggregating the Application, whether in whole or in part, without the prior written consent of WD Web.
User Contributed Content
WD Web provides users of its Application with the ability to contribute content to the Application and to sell content through the Application, which may include but is not limited to text, photographs, audio files, comments, profile information, name, likeness, and designs (“User Contributed Content”). By submitting User Contributed Content to the Application, you grant WD Web a non-exclusive, worldwide, royalty free, irrevocable, and perpetual license to use your User Contributed Content for the customary and intended purposes of the Application. These purposes may include but are not limited to the sale, rental, lease, or lending of your User Contributed Content, the reproduction of your User Contributed Content, the making of derivative works of your User Contributed Content, the public display of your User Contributed Content, and the public performance, whether by digital audio transmission or otherwise, of your User Contributed Content.
By submitting User Contributed Content to the Application, you warrant that your User Contributed Content will not (i) violate any term or condition of this Agreement, (ii) violate the rights of third parties, including but not limited to intellectual property rights and rights of publicity and privacy, and (iii) violate any applicable law, statute, ordinance, regulation, or treaty.
Interactive Service Provider
You understand and agree that WD Web is an interactive service provider as that term is defined by § 230 of the Communications Decency Act. Though WD Web may restrict access to, modify, delete, or amend the content located on its Application, WD Web will not be held liable as the speaker or publisher of any tortious information provided by an information content provider.
Acceptable Use Policy
You agree that your use of the Application will not (i) violate any term or condition of this Agreement; (ii) violate the rights of third parties, including but not limited to intellectual property rights, rights of privacy, or rights of publicity; or (iii) violate any law, statute, ordinance, regulation, or treaty.
Specifically, you are expressly prohibited from the following:
Disrupting or causing a disproportionate load on the Application or its infrastructure;
Transmitting spam, chain letters, false advertising, or pyramid schemes to the Application or users of the Application;
Tampering with ranking mechanisms or reviews;
Attempting to gain access to the private data or personal information of a user of the Application or a third party;
Circumventing WD Web’s security measures or access controls;
Using a robot, spider, scraper, or other automated technology to access, mine, disrupt, or copy the Application;
Collecting personal or personally identifiable information from users of the Application or third parties, including but not limited to email addresses;
Posting obscene, unlawful, false, inaccurate, threatening, profane, racist, or defamatory content to the Application;
Failing to deliver payment for the purchase of goods through the Application; and
This list is not exhaustive, and WD Web reserves the right to add to, subtract from, or modify its acceptable use policy at any time and in its sole and absolute discretion.
WD Web will charge fees to your payment method when you purchase a product through the Application. All payments for products offered through the Application are non-refundable. You agree to pay all fees and charges on time, and WD Web may terminate or disable your access to the Application if you fail to pay any amount owing to WD Web when due. You agree that you will pay the costs of collection, including legal fees, incurred by WD Web. You agree to ensure that your payment method and billing information is accurate and current. You may modify your payment method and billing information at any time by accessing your User Account control panel located within the Application.
You agree to pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Application. All costs and fees are quoted and payable in United States Dollars, and you acknowledge and agree that WD Web is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by WD Web’s payment processor. You agree that you will not initiate any chargebacks to WD Web unless otherwise authorized by WD Web in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against WD Web.
In the event you dispute the amount or validity of any payments made under this Agreement, you must notify WD Web in writing within ten (10) days of any such dispute. You understand that your failure to notify WD Web of any dispute within ten (10) days will constitute your express waiver of any claims related to the disputed payment.
WD Web reserves the right to modify the price charged for its products or at any time and in its sole and absolute discretion. You understand and agree that the prices listed for products constitute an invitation to deal and that a contract between you and WD Web will only be formed when WD Web accepts your order by shipping your purchased product.
Third Party Links and Terms
You understand and agree that the Application may contain links to third parties that WD Web does not own or control. WD Web will not be held responsible or liable for the content of third party Applications.
Term and Termination
This Agreement will remain in full force and effect until terminated under the terms of this Agreement.WD Web may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.
10. Disclaimer of Warranties
WD WEB DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILTY ARISING OUT OF OR RELATED TO YOUR USE OF THE APPLICATION OR PRODUCTS PURCHASED THROUGH THE APPLICATION. WD WEB PROVIDES THE APPLICATION ON AN AS-IS BASIS AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
WD WEB WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED ON THE APPLICATION, ANY THIRD PARTY LINKS POSTED ON THE APPLICATION, OR ANY CONTENT TRANSMITTED THROUGH THE APPLICATION. WD WEB DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS, OR ALTERATION THEREOF. WD WEB RESERVES THE RIGHT TO DISCONTINUE THE APPLICATION AT ANY TIME.
11. Limitation of Liability
WD WEB WILL NOT BE HELD LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, DAMAGES, JUDGMENTS, LIABILITIES, COSTS, CHARGES, OR FEES, INCLUDING ATTORNEYS’ FEES, WHETHER IN TORT, CONTRACT, PERSONAL INJURY, OR STRICT LIABILITY, INCLUDING, BUT NOT LIMITED TO, INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, INCIDENTAL DAMAGES, STATUTORY DAMAGES, SPECIAL DAMAGES, OR PUNATIVE DAMAGES, EVEN IF WD WEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WD WEB WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, THE PRODUCTS SOLD THROUGH THE APPLICATION. WD WEB IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS, OR ALTERATION THEREOF. WD WEB RESERVES THE RIGHT TO DISCONTINUE THE APPLICATION AT ANY TIME AND WITHOUT LIABILITY.
You agree to hold harmless, defend, and indemnity WD Web from and against any and all claims, demands, judgments, liabilities, costs, fees, penalties, rights, or actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Application, your purchase of digital products through the Application, your violation of any term or condition of this Agreement, your violation of the rights of third parties, or your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, national, or international.
You agree that your obligation to defend WD Web under this Agreement will not provide you with the ability to control WD Web’s defense. WD Web reserves the right to control its defense, including the ability to choose its counsel and to decide whether to settle or defend against a claim.
You understand and agree that you are prohibited from assigning your rights and obligations under this Agreement. WD Web may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Application.
14. Resolution of Disputes and Governing Law
This Agreement will be interpreted under and governed by the laws of the State of Michigan without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against WD Web will be exclusively resolved through arbitration.
YOU AND WD WEB AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE APPLICATION, OR THE PURCHASE OF PRODUCTS FROM WD WEB, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN TRAVERSE CITY, MICHIGAN AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF MICHIGAN AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND WD WEB AGREE THAT BOTH PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF MICHIGAN IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND WD WEB AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
This Agreement constitutes the entire agreement between the parties with respect to the use of the Application and its associated services. There are no further understandings, agreements, or representations with respect to the subject matter of this Agreement. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind WD Web.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
18. Limitation on Actions
19. Reservation of Rights
All rights not expressly granted herein are reserved to WD Web.
This Agreement is enforced by the Internet attorneys of Traverse Legal, PLC.
The Application and its associated content and services are © 2012 Wedding Details, Inc.
If you believe that a user of the Application has infringed upon your copyright rights, you may provide WD Web with a notice of copyright infringement that complies with § 512 of the Digital Millennium Copyright Act. Upon receipt of a notice that complies with this section, WD Web will make a good faith attempt to notify the owner or uploader of the allegedly infringing content so that they can respond with a counter-notification.
This notice of copyright infringement must contain the following:
The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work(s) alleged to have been infringed;
The location of the copyrighted work(s) on the Application;
Your contact information, such as an address, telephone, fax number, or email address;
A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
If you believe that content subject to a notice of copyright infringement is not infringing, you may submit a counter-notification. This counter-notification must contain the following:
Identification of the specific materials that have been removed from the Application;
Your contact information, such as an address, telephone, fax number, or email address;
A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if you are outside of the US, that you consent to the jurisdiction of the federal courts located in Traverse City, Michigan;
A statement that you will accept service of process from the notifying party; and
Notifications of copyright infringement and counter-notifications may be submitted to WD Web at firstname.lastname@example.org.