These are the Terms and Conditions for use of Services provided by Wedding of the Year (also referred to in these Terms as 'we' and 'us') via www.weddingoftheyear.com ("the Website"). These Terms and Conditions apply to the use of this Website and the Services and by accessing this Website and/or placing an order you agree to be bound by the Terms of Use set out below. If you do not agree to be bound by these Terms and Conditions you may not use or access this Website.
We reserve the right at any time to modify, alter or update these Terms of Use and you agree to be bound by such modifications, alterations or updates. Your continued use of this site following the posting of changes to these Terms of Use will confirm your acceptance of such changes.
As a General User, you will be able to visit and navigate parts of the website that do not require you to register and/or login. As an Album Owner you will further be able to set up and manage an online album for the purpose of collecting and displaying digital photographs. To become an Album Owner, you must either first place an order with us and complete the registration and purchase processes or receive and redeem a gift voucher via the gift registration process. Upon receipt and validation of your order, we will set up an online album facility for your use. You will access and manage your online album via a secure area. This secure area will be accessed by you using your master username and password. As a Guest, you will be invited by an Album Owner to upload digital photographs to their online album and/or to view an online album. The Upload Photos and View Album sections of this website are accessible only by inputting the guest username and password supplied to you by an Album Owner.
Wedding of the Year uses reasonable endeavours to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Wedding of the Year. Every reasonable step will be taken by us to minimize such disruption where it is within the reasonable control of Wedding of the Year. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Service.
You are advised to keep back ups of all material provided to us. In particular, it is up to you to keep backup copies of images uploaded by you. We will not be responsible for keeping backups or for loss of, deletion or corruption of any images or any other material.
All brand, product and service names used in this Service which identify Wedding of the Year or third parties and their products and services are proprietary marks of Wedding of the Year and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Wedding of the Year or any third party with respect to any such image, logo or name.
The website including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, slogans, product names, trade marks and other material (the "Content") is protected by copyrights, database rights, trade marks and/or other intellectual property rights. The Content includes material owned or controlled by us, our subsidiaries or our affiliated companies and Content owned or controlled by third parties and licensed to us. All individual items and other elements making up the website may be copyright works. None of the material that makes up or is contained within the website may be reproduced or redistributed without our previous written permission.
If you believe the copyright in your work has been violated through this Service, please email Wedding of the Year for notice of claims of copyright infringement, copyright at weddingoftheyear.com. You must provide the following information, which we may then forward to the alleged infringer:
(a) identify the material on the Service that you believe infringes your work, with enough detail so that we may locate it on the Service;
(b) provide your address, telephone number, and email address;
(c) provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(d) provide a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
(e) provide your electronic signature.
Upon receiving your complaint, Wedding of the Year may remove content that you believe infringes your copyright. We may also suspend and/ or terminate the account of the member who appears to be infringing your intellectual property rights.
To purchase from or register as an Album Owner or Guest, you must be 18 years of age.
As consideration for the services you agree to: 1) pay the relevant fees and charges for the services you wish to use, 2) provide certain current, complete and accurate information about you as required by the registration process and 3) maintain and update this information as needed to keep it current, complete and accurate.
All such information shall be referred to as account information ("Account Information"). You hereby grant us the right to disclose to third parties as needed to maintain your Services in accordance with our privacy policy.
When you register as an album owner you will be asked to provide a unique master username and password. As you will be responsible for all activities that occur under your master username and password, you should keep your master password confidential. You must notify us immediately of any unauthorized use of your master password or if you believe that your master password is no longer confidential. We reserve the right to require you to alter your master password if we believe that your master password is no longer secure.
No contract will exist between you and Wedding of the Year for the supply of any Service or products unless and until we accept your order by a confirmatory e-mail or other appropriate means of communication. All products purchased from Wedding of the Year are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
All prices are stated in pound sterling (£) and are valid until altered by us. Prices are inclusive of VAT, where applicable, and postage to standard UK addresses. In the event that you order Services or products and the price published on the website was incorrect, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only.
Discount voucher codes may be published or supplied from time to time as part of a promotion. Discount voucher codes can only be used for online orders placed through this website. Discount voucher codes can only be redeemed once per order. Discount voucher codes can only be redeemed during purchase and are not redeemable for cash. Discount voucher codes cannot be used in conjunction with any other offer. Discount vouchers remain the property of Wedding of the Year and are not for re-sale or publication. Discount voucher codes cannot be used retrospectively. Wedding of the Year reserve the right to withdraw discount voucher codes at any time.
Wedding of the Year does not claim ownership rights in any image contained in your account; however, for the sole purpose of enabling us to display your images through the Service and fulfilling any orders for you or those you have shared your images with, you grant to Wedding of the Year a non-exclusive, royalty-free license to use, copy, distribute, and display those images. Please note that when you share images, you allow the recipients to share and make photographic prints from those images.
Upon submitting your image(s) to Wedding of the Year, you declare that you have sole rights to use the image or have obtained necessary consent to allow Wedding of the Year to alter, copy, print, distribute, prepare, store and use the image. Once consent has been given it cannot be withdrawn
We require that every user of the Service, whether or not such user is an Album Owner, agrees not to use this Service to print, post, upload, store, share or otherwise obtain Prohibited Content. Generally, Prohibited Content includes (without limitation) any of the following types of content:
Copyrighted Material: Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Pornography: To store and/or display pornography or sex-related images of any kind.
Commercial Use: To store and/or display photos for commercial use. This includes, but is not limited to photos for auction or sales purposes.
Non-photo image distribution: To store and/or display non photo images for distribution; this includes, but is not limited to; game screen captures, movie screen captures, wallpapers, tags, anime, animated .gif's, buddy-icons, avatars, emoticons, and signatures (sigs).
Hate: Expressions of bigotry, racism, hatred, or profanity;
Illegal activities: Promotion or display of instructional information supporting illegal activities; this includes, but is not limited to, instructions for the building or use of weapons, propagation of "spam" email and/or computer viruses, or any material that infringes the intellectual property rights of third parties;
Illegal materials: Anything illegal including, but not limited to, illegal software, warez or hacked software, serial numbers, mail fraud, or pyramid schemes;
Physical harm: Promotion of physical harm or injury against any group or individual;
Defamation: Material insulting, or that could be considered defamatory or libelous, to other persons, institutions or companies;
Exploitation of minors: Material that exploits or harms minors;
Collection of personal information: Material which attempts to collect personal information about users;
Wedding of the Year has the sole discretion to determine whether Content is Prohibited Content, and any Content uploaded or submitted to the Service may be subject to examination from time to time.
You acknowledge that although Wedding of the Year does not and will not examine and review all Content submitted or transmitted to the Service, Wedding of the Year has the absolute right (but not the obligation) to delete, move and edit materials for any reason, at any time, without notice. We may without notice and at our sole discretion delete or remove any image that has been uploaded or submitted in breach of these terms
Although we prohibit the uploading of certain types of image to the website, we cannot always control the use of our website. It is possible that images or other materials may appear on our website which are unlawful or offensive. We are not responsible for such images or material but if you become aware of any such images or material on the website please contact us immediately.
You agree that Wedding of the Year may at any time without notice:
(a) refuse to accept your application to become an Album Owner,
(b) move or suspend any part of the Service; or
(c) refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in Wedding of the Year's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires us to do so.
You have a right to withdraw from this contract, without any charge, by giving us a notice in writing or by email at any time within 7 working days from our acceptance of your order by our confirmatory email. This right of cancellation does not apply if we provide the service to you within this 7 day period. You hereby consent to our provision of the Service to you right away.
If you would like to delete your Wedding of the Year account, you need to send an email from the email address used to create your Wedding of the Year account to cancel@weddingoftheyear.com requesting that we delete your account for you. Once you have cancelled your account, all images and content uploaded to your Wedding of the Year account will be deleted and will no longer be available.
You will be required to pay any outstanding charges owed. Please be aware that no pro-rated refunds for services will be available.
We shall at all times keep your personal information confidential. Our use of your personal information fully complies with the Data Protection Act 1998 (as amended) and is in accordance with our Privacy Statement (as shown below) which forms part of these Terms of Use.
In no event will Wedding of the Year be liable either in contract, tort (including negligence) or otherwise for any:
Loss of use, loss of corruption of data or information or loss of anticipated savings
Any special, consequential or indirect loss or change suffered by you
Wedding of the Year shall not have liability to you for failing to perform its obligations under this agreement to the extent that such failure is as a result of a failure by you to perform your obligations under this agreement, or as a result of a force majeure event.
Wedding of the Year shall not be in breach of this contract if there should be any total or partial failure of Wedding of the Year's performance of the contract occasioned as a result of a force majeure event including but not limited to any Act of God, Act of Government or State, war, civil commotion, embargo, failure of any computer system, prevention from or hindrance in obtaining any raw materials, energy or other supplies, labour dispute of whatever nature or reason beyond Incubative's control
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement
Wedding of the Year`s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of these Terms shall be limited to the price paid for the Service by you.
Except as expressly provided in the preceding paragraphs, to the fullest extent permitted by law, Wedding of the Year shall not be liable for any direct, indirect, incidental, consequential, special, exemplary and punitive damages resulting from the use of this Service, even if we have been advised of the possibility of such damages
Nothing in this clause is intended to exclude or restrict or shall be construed as excluding or restricting the liability of either party for the death or personal injury caused by the negligence of either party or its employees, servants or agents or as a result of fraud or fraudulent misrepresentation by the other party
These Terms constitute the entire agreement between Wedding of the Year and you with respect to your use of the Service and it supersedes any prior agreement, whether written or oral, and all other communications between Wedding of the Year and you relating to the subject matter of this Agreement. This Agreement may be amended, modified or supplemented only by a writing that is signed by the authorised representatives of both parties.
From time to time we may provide links that will take you to other, third party websites. If you decide to access linked websites you do so at your own risk. Wedding of the Year does not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that Wedding of the Year is not liable for any loss or damage that you may suffer by using other websites.
A person who is not a party to this agreement shall not have the right to enforce any term or terms of this agreement pursuant to the Contract (Rights of Third Parties) Act 1999
By using the Service, you agree that all matters relating to your access to, or use of, the Service will be governed by English law; and any disputes arising under or in connection with these terms shall be subject to the non-exclusive jurisdiction of the English courts.
Wedding of the Year makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Any person who chooses to access this site from other locations does so on their own initiative and is responsible for compliance with local laws.