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These Terms of Use ("Agreement") describe the terms and conditions (the "Terms") applicable to your use of the services of The Big Fat Indian Weddings, Inc. ("US" or "We"), available at www.thebigfatindianwedding.com, as well as any other Websites owned and/or operated by The Big Fat Indian Wedding (collectively, the "Website"). By using the Website, you signify your acceptance of these Terms. If you do not agree to these terms, please do not use this Website. We reserve the right to amend these Terms from time to time without notice. All modified terms and conditions shall take effect immediately after posting to the Website. We encourage you to review this page periodically because any changes will be binding on you. This Agreement may not be modified, amended, and/or changed by you in any manner; however, you may choose to terminate your use at your choosing. This Agreement is effective on April 1, 2013 for all users.
Please be aware of these issues before using the The Big Fat Indian Wedding Website, the services offered by The Big Fat Indian Wedding or through The Big Fat Indian Weddings Website, and any parts or sections thereof including but not limited to this web content, user profile information, posts, messages, photos, and graphics.
You understand and agree that our Website is provided "AS-IS" and that The Big Fat Indian Wedding assumes no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to our Website. Nor does The Big Fat Indian Wedding assume any liability for the failure to store or maintain any user communications or personal settings.
1. Accessing The Big Fat Indian Wedding.
In consideration of your visiting and using our Website, you represent that you are able to form a binding contract. You also agree that any information you provide about yourself is accurate and complete information at the time provided. You agree to timely update any information provided to The Big Fat Indian Wedding to keep it accurate and complete. Failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for The Big Fat Indian Wedding to suspend your use of the site and refuse you service in the future.
The Big Fat Indian Wedding is concerned about the safety and privacy of all its users including children. Please remember that The Big Fat Indian Wedding Website is designed to inform, educate, entertain, and support its users and as a result has a diverse audience. Accordingly, it is the responsibility of legal guardians to determine whether any parts of our Website are appropriate for your child. You must be over 13 years of age to submit your personal information to The Big Fat Indian Wedding without parent's or legal guardian's consent.
2. Privacy Policy.
Information and data provided by you are subject to our Privacy Policy. This policy, as updated from time to time, may be found at http://thebigfatindianwedding.com/privacy-policy/.
3. Protection of Intellectual Property Content.
Certain names, logos, and/or phrases in our Website may constitute trademarks and/or copyrights ofThe Big Fat Indian Wedding or its clients. The marks The Big Fat Indian Wedding “The Big Fat Indian Wedding” and the contents of this Website are the sole property of The Big Fat Indian Wedding. Reproduction in whole or in part is strictly prohibited without the expressly written permission ofThe Big Fat Indian Wedding.
All of the writing in our Website is the copyrighted property of us, and is protected as such. None of the material may be reproduced without our written permission, with the exception of downloading or printing a single copy for yourself. This copyright extends from original The Big Fat Indian Wedding material to any edited and filtered compilations of posts that we may sell and distribute. The right to download and store or output the materials found on The Big Fat Indian Wedding is granted for viewing use only. Materials may not be reproduced in any form. Any reproduction or editing by any means mechanical or electronic without the explicit written permission of The Big Fat Indian Wedding is expressly prohibited.
Photographs are the copyright of their respective owners. Use of any photograph found on thebigfatindianwedding.com for commercial or other purpose is prohibited without written approval from respected copyright owner. The Big Fat Indian Wedding is not responsible for policing the photographs provided to it. By submitting a photograph or series of photographs of an event, such as a wedding, toThe Big Fat Indian Wedding you affirm that you have copyright or other right to post or provide such photograph and agree or license the rights so that such photos may and can be shared on social networks either by The Big Fat Indian Wedding or its users.
The Big Fat Indian Wedding Website contains or uses copyrighted material, inventions, know how, potentially patentable business method material, design logos, phrases, names, logos, HTML code and/or other computer code and/or scripts (collectively, "Intellectual Property Content"), all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property, and We retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of this Website, including but not limited to its color combinations, sounds, layouts and designs. You agree and acknowledge that your use of this Website does not confer upon you any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content or use our Intellectual Property Content in any other way for public or commercial purposes. All other trademarks, service marks and copyrights are held by their rightful owners. You may not frame or link to the Website without our prior written permission.
The Website contains trademarks, trade names, trade dress, service marks, domain names or other indicia of ownership (collectively the "Marks") owned or licensed for use by us, including but not limited to THE BIG FAT INDIAN WEDDING, and the The Big Fat Indian Wedding logo. Unless otherwise agreed to in writing, you agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance or non-performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks or any similar marks in any manner that would diminish their value or harm their reputation. You shall not use or register any domain name, trademark or service mark that is identical to or similar to any of the Marks.
4. DMCA Notice.
It is The Big Fat Indian Weddings' policy to promptly respond to claims of copyright infringement. If you believe that an infringing copyrighted work is accessible on this Website, you may notify our registered copyright agent by sending the following information to the address listed below:
• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed attesting to the following;
• 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 Website;
• Your address, telephone number, and email address and all other information reasonably sufficient to permit The Big Fat Indian Wedding to contact you;
• 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 behalf of the owner of an exclusive right that is allegedly infringed.
Please put "Notice of Infringement" in the subject line of all such notifications, and send the notification to: info@thebigfatindianweddings.com.
We will process and investigate all notices of alleged infringement as required by the Digital Millennium Copyright Act (“DMCA”), and will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. When we remove or disable access to any material claimed to be infringing, we will attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification. If the user posting the material gives a counter-notification claiming that the use is authorized, we will furnish that counter-notification to the complaining party, and will give the complaining party an opportunity to seek judicial relief pursuant to the terms of the DMCA before we replace or restore access to any material. All communications and actions under this provision will be carried out pursuant to the DMCA including its safe harbor provisions.
5. Prohibited Actions.
Content from www.TheBigFatIndianWedding.com, including but not limited to any user profile information such as user names, email addresses, or user contact information may not be taken from the Website and used for any purpose. Names, email addresses and other contact information from user profile information or the pages and postings on this Website may not be used by outside vendors or other third parties for purposes of solicitation. Unsolicited emails to our users may constitute misrepresentation, misappropriation of our business name and reputation, unfair competition, and may also violate laws that prohibit unsolicited email, for which we shall be entitled to take appropriate legal action including seeking injunctive relief, an accounting of profits, damages, legal fees and costs.
6. Changes to Terms.
We reserves the right from time to time to make modifications and changes to our Website. These modifications and changes may include, but are not limited to, discontinuing, temporarily or permanently, any service offered by, or through The Big Fat Indian Wedding (or any part thereof) with or without notice. You agree that The Big Fat Indian Wedding shall not be liable to you or to any other party for any changes and modifications to our Website.
7. Additional Terms and Conditions.
You acknowledge and agree that We have the sole discretion to set forth and post additional terms and conditions for your use of the Website at various places throughout the Website. You agree that those additional terms and conditions shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, you expressly agree that if there is any conflict between those additional terms and conditions and the Terms set forth herein, the additional terms and conditions shall govern.
8. Termination of Use.
While we hope we stay together forever, you agree that, under certain circumstances and without prior notice, The Big Fat Indian Wedding may terminate your access to The Big Fat Indian Wedding. Cause for such termination shall include, but not be limited to, violation of the provisions set forth in this Terms of Use agreement. You acknowledge and agree that all terminations for cause, for no cause, or for any or no reason shall be made in sole discretion of The Big Fat Indian Wedding and that The Big Fat Indian Wedding shall not be liable to you or any other party for the termination of your access to our Website or the purging of any material.
9. No Warranty.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THE SERVICES PROVIDED IN OUR WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. The Big Fat Indian Wedding EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The Big Fat Indian Wedding MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET ANY OF YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE IN OUR WEBSITE WILL BE USEFUL, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OFFERED IN OUR WEBSITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE OPERATION OF WEBSITE INCLUDING THE OPERATION OF ANY SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE IN OUR WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (OR ANY COMPONENT CONNECTED TO YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM The Big Fat Indian Wedding OR FROM ANY SERVICE PROVIDED IN OUR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
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 IN THIS SECTION MAY NOT APPLY TO YOU.
10. Indemnification.
You agree to defend, indemnify and hold harmless The Big Fat Indian Wedding, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of this Website or breach by you of the Terms.
11. Limitation of Damages.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT The Big Fat Indian WeddingSHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL AND REPUTATION, OR OTHER INTANGIBLE LOSSES. THIS LIMITATION ON LIABILITY APPLIES EVEN IF The Big Fat Indian Wedding HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Third Party Websites.
As a convenience to you, The Big Fat Indian Wedding may provide on this Website, links to Websites operated by third parties, including access to content, advertising, materials, products, and services that are not maintained or controlled byThe Big Fat Indian Wedding. The Big Fat Indian Wedding has no control over any such third party Websites, the contents therein or the products/services offered by such third parties. If you use these Websites, you will leave this Website. Transactions that occur between you and such third-party Websites are strictly between you and the third party and are not the responsibility of The Big Fat Indian Wedding. If you decide to visit any linked Website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. You are solely responsible for complying with the terms of use of any such third-party Web Website and you shall bear all risks associated with the use of such Websites. The Big Fat Indian Wedding makes no warranty or representation regarding, is not responsible for, and does not endorse, any linked Websites or the content appearing thereon or any of the products or services described thereon. Links do not imply that The Big Fat Indian Wedding or this Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, service mark, trade name, trade dress, logo or copyright symbol or other intellectual property or proprietary right displayed in or accessible through the links, or that any linked Website is authorized to use any trademark, service mark trade name, trade dress, logo or copyright symbol or other intellectual property or proprietary right of The Big Fat Indian Wedding or any of its affiliates or subsidiaries.
The Big Fat Indian Wedding recommends that you read the policies and terms of use posted on other Websites regarding privacy and other topics before using those Websites. The Big Fat Indian Wedding is not responsible for any loss or damage of any sort you may incur from accessing any third party Websites and/or dealing with any third party.
13. Legal Compliance.
You agree that The Big Fat Indian Wedding may access, maintain, and disclose information you provide to The Big Fat Indian Wedding if required to do so by law or if The Big Fat Indian Wedding, in good faith, believes that such access, maintenance or disclosure is reasonably necessary to: (i) comply with any legal process; (ii) enforce The Big Fat Indian Wedding Terms of Use; (iii) respond to claims that any material or information posted, provided, transmitted, or otherwise made available by you violates the rights of third parties; (iv) respond to your customer service requests; or (v) otherwise protect the rights and property of The Big Fat Indian Wedding, its vendors, community users, users and the general public.
The Terms of Use constitute the entire agreement between you and The Big Fat Indian Wedding and govern your use of our Website and any services offered in our Website. This agreement supersedes any prior terms of use agreements between you and The Big Fat Indian Wedding.
14. Governing Law; Venue and Jurisdiction.
By visiting or using the Website, you agree that the laws of the State of California, without regard to principles of conflict of laws of any state or jurisdiction, will govern these Terms of Use and any dispute of any sort that might arise between you and The Big Fat Indian Wedding or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.
15. Arbitration.
Disputes between you and The Big Fat Indian Wedding regarding the Website and our services should be reported to info@The Big Fat Indian Wedding.com. We will attempt to resolve any disputes you have with us. Any claim or controversy arising out of or relating to your use of this Website, to the goods or services provided through The Big Fat Indian Wedding, this Agreement, or to any acts or omissions for which you may contend The Big Fat Indian Wedding is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be conducted in the County of Alameda, California. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding California selection of an arbitrator be in effect, the User shall select an arbitrator from a panel of arbitrators acceptable to The Big Fat Indian Wedding. Costs of arbitration will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore.
Any judgment upon an award rendered by the arbitrators may be entered in any court of competent jurisdiction in the County of Alameda, California. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND The Big Fat Indian WeddingS WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using The Big Fat Indian Wedding goods and services or the Website, you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and The Big Fat Indian Wedding, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in the County of Alameda, California. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys' fees.
16. Security.
The Big Fat Indian Wedding uses industry standard practices to safeguard your personal information. We utilize several different security techniques to protect data from unauthorized access, but We cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our Website can be interrupted by numerous factors outside of our control.
17. Last Points.
You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this agreement.
The failure of The Big Fat Indian Wedding to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the other terms and provisions of the Terms of use shall remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of any services provided in our Web Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles and other headings in the Terms of Use are for convenience only and have no legal or contractual effect.
