Content Submission Agreement

mywedding.com Content Submission Agreement

This Content Submission Agreement (the "Agreement") governs the submission to, and publication and other use of content by, mywedding.com and its respective websites listed in its Terms and Conditions of Use of this Site (individually and collectively referred to herein as "Site").

BY EITHER (I) UPLOADING OR SUBMITTING CONTENT TO THE SITE, OR (II) OTHERWISE ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH OR DO NOT ACCEPT ANY OF THE TERMS, PLEASE REFRAIN FROM SUBMITTING ANYTHING TO THE SITE.

1. Rights to Submissions

MyWedding, LLC, dba "mywedding.com" does not claim ownership of the content you submit (the "Submission") to it for publication on its Site. After publishing content on the Site, you (or a third party who permitted you to publish its content on the Site) continue to retain all ownership in the content in the Submission, subject to the license terms described herein, and you continue to have the right to use the content in the Submission in any way you choose. In exchange for your services and granting mywedding.com a license to use the Submission, mywedding.com provides you with recognition in the form of publishing your Submission and making it available to visitors to the mywedding.com Site. Additionally, should a Submission be used by mywedding.com that was submitted by an outside third party on behalf of an author, such Submission will be credited to the third party in the form of a link or other mutually agreeable form of recognition.

Grant of license: By providing the Submission to mywedding.com, you grant to mywedding.com (and any mywedding.com successors-in-interest, subsidiaries, affiliates or parent companies), an unrestricted, perpetual, non-exclusive, irrevocable, worldwide, transferrable and sub-licensable, royalty-free license to, in whole or in part, use, reproduce, display, publicly perform, transmit, edit, create derivative works of and distribute the Submission, and you further agree that mywedding.com is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to mywedding.com. You further grant mywedding.com rights to use the Submission in any way on the Site or in other mywedding.com media, whether now or hereafter created; to use it for mywedding.com's own internal business purposes; to modify or edit the Submission in order to conform with mywedding.com's publication standards and/or to reproduce and distribute the Submission for mywedding.com's marketing and publicity purposes, without any payment or other consideration of any kind, or permission or notification to you.
Your representations and warranties regarding content: You represent that all statements you assert as fact are accurate, whether contained in the Submission or otherwise. You represent that the content you provide to mywedding.com does not contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information in or connected to mywedding.com. You represent that you will not provide any material to mywedding.com which (a) is defamatory, harassing, threatening, invades privacy, or is obscene or pornographic; (b) infringes the intellectual property rights, including copyrights, of any third party; (c) violates any law or regulation; (d) advocates illegal activity; (e) advertises or otherwise solicits funds or are a solicitation for goods or services; or (f) includes any content for purposes of political campaigning.

2. Content submission requirements and terms

The following list outlines the rules for content submissions on this Site. Please follow these rules; if you don't, mywedding.com may, in its sole discretion, remove your Submission from the Site. mywedding.com makes no representations or guaranty that your Submission will be published on the Site.

Right to content: You must have all necessary rights to publish the content in your Submission. You represent and warrant that your Submission is a work of your own original authorship. If the Submission is not a work of your own original authorship, for example if you are submitting work as an agent or if your work contains third-party materials, you must have explicit written permission from the copyright owner before submitting the content to mywedding.com. You are responsible for making sure your Submission, and the use as outlined herein by mywedding.com, does not violate any copyright, trademark, trade secret or other rights or the privacy of others, including the right to transmit the Submission and for mywedding.com to publicly display it.
Your promoti of the Site and mywedding.com's name: You may not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by mywedding.com without the prior review and written approval of mywedding.com; however, you may accurately disclose and describe your participation in this Site and your Submission (for example, describing and promoting your Submission on a personal blog, in emails, in newsgroups and forums, or via RSS feeds and similar technologies).
mywedding.com's disclaimer of liabilities as to third-party infringements: In submitting the Submission, you agree that mywedding.com shall have no liability, vicarious, contributory, or otherwise, for any infringement by any other party of any of your intellectual property rights in the Submission.

3. Indemnity

You agree to indemnify, defend and hold mywedding LLC, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim, damage, expense or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) materials that you submit, post, or upload to the mywedding.com Site, including the Submissions, and my wedding.com's use of such materials, (b) your use of the mywedding.com Site, (c) your violation of this Agreement, (d) your violation of any rights of another party, or (e) violations to this Agreement or the rights of a third party by your dependents.

4. Applicable law

This Agreement will be governed by and construed in accordance with the laws of Washington State without application of its principles of conflicts of laws. You hereby agree that any and all disputes regarding this Agreement will be subject to the exclusive jurisdiction of the federal, state and local courts for Seattle, Washington. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is found unlawful, void or unenforceable, that provision is deemed severable from the remaining provisions of the Agreement and does not affect the validity and enforceability of any remaining provisions. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY AND YOU EXPLICITLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT. 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 THE SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

5. Disclaimer of warranties/limitation of liability

mywedding.com IS PROVIDING THIS SITE FOR USE "AS-IS, WHERE-IS" and makes no representations about the suitability, ACCURACY, reliability, availability, timeliness, or lack of viruses or other harmful components of this Site, its content, or its features, and disclaims all liability in the event of any service failure. mywedding.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. mywedding.com also makes no representations regarding the amount of time that any content will be preserved or published on the Site and further reserves all rights to remove your content at any time, without any prior notice to you.

6. The entire agreement/no partnership

This Agreement constitutes the entire agreement between you and mywedding.com and supersedes all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and mywedding.com with respect to the Site. Both you and mywedding.com acknowledge and agree that no partnership, joint venture or agent/principal relationship is formed and neither you nor mywedding.com has the power or the authority to obligate or bind the other.

7. Waiver

The failure of either mywedding.com or you to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

This Agreement constitutes a binding agreement between you and mywedding.com, and is accepted by you upon your use of the Site, including, without limitation, your uploading of a Submission.