LEADER PUBLISHING AND ITS AFFILIATES (“SOFASCINATING.COM”) PROVIDE THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY “YOU”), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN SOFASCINATING.COM AND YOU, AND YOU ACCEPT THEM BY: (a) PLACING AN ORDER THROUGH THIS WEBSITE; (b) SUBMITTING CONTENT, QUESTONS, INFORMATION, ARTICLES, IDEAS OR PHOTOS (c) VIEWING PAGES ON THIS WEBSITE; (d) USING THE WEBSITE IN ANY OTHER MANNER; AND/OR (e) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. YOUR ACCEPTANCE OF AND AGREEEMENT TO OUR TERMS AND CONDITIONS IS ACKNOWLEDGED AND DEMONSTRATED THROUGH YOUR USE OF THIS WEBSITE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
1.2 This website (“Website”) includes without limitation: content such as data, text, articles, sales copy, project instructions, software, photographs, graphics, video, messages, or other materials (“Content”). SOFASCINATING.COM controls and operates its websites from various locations and makes no representation that this Website is appropriate or available for use in all locations. SOFASCINATING.COM products and services may not be available in Your location, and deliverables may vary among locations. If You are using the Website on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on Your employer’s behalf, and that Your employer agrees to indemnify You and SOFASCINATING.COM for violations of these Terms. In addition to the Terms and unless otherwise noted, the standard SOFASCINATING.COM terms and conditions of sale in your jurisdiction govern purchases You make through the Website, unless You have in effect a separate valid written purchase or license agreement with SOFASCINATING.COM for that product or service, in which case that separate agreement governs, and in cases of conflict, prevails.
2. YOUR OBLIGATIONS AND CONDUCT
2.1 In consideration of Your use of the Website, You agree to: (a) provide accurate, current, and complete information about You as may be prompted by a registration form on the Website (the “Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any information You provide to SOFASCINATING.COM, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website.
2.2 You are entirely responsible for all Content that You upload, post or otherwise transmit via the Website. You agree not to upload, post or otherwise transmit via the Website Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to SOFASCINATING.COM or other users of the Website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone’s intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. SOFASCINATING.COM reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements. SOFASCINATING.COM also reserves the right to edit or remove Content for any other reason at its own discretion.
2.3 You agree that You will not use the Website to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be SOFASCINATING.COM or someone else, or spoof SOFASCINATING.COM or someone else’s identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Website; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.
3. CONFIDENTIALITY OF SOFASCINATING.COM INFORMATION
3.1 You may obtain direct access via the Website or through SOFASCINATING.COM Services to certain confidential information of SOFASCINATING.COM, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with SOFASCINATING.COM and its suppliers.
3.2 Your obligations regarding Confidential Information expire ten (25) years after the date of disclosure. Upon termination of the Terms or SOFASCINATING.COM written request, You must cease use of Confidential Information and return or destroy it.
3.3 The Terms impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt from SOFASCINATING.COM, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to SOFASCINATING.COM adequate to afford SOFASCINATING.COM the opportunity to object to the disclosure.
4. CONTENT SUBMITTED TO SOFASCINATING.COM
4.2 SOFASCINATING.COM and its designees reserve the right to monitor, restrict access to, edit or remove any Content that is available via the Website.
5. DELIVERY OF E-MAIL
SOFASCINATING.COM will attempt to deliver all of the e-mail that is addressed to Your e-mail address on SOFASCINATING.COM Services. However, the nature of e-mail is such that SOFASCINATING.COM cannot guarantee delivery of such e-mail.
You agree to indemnify and hold SOFASCINATING.COM and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your Content, Your use of or connection to the Website (including any use by You on behalf of Your employer), Your violation of the Terms, or Your violation of any rights of another.
You agree to protect and fully compensate SOFASCINATING.COM / Leader Publishing from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) arising from your use of the Website or Services, or violation of the TERMS by you.
7. NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS
SOFASCINATING.COM may provide notice to You via email, regular mail, or posting notices or links to notices on the Website. SOFASCINATING.COM reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or Your use of or access to them, with or without notice. SOFASCINATING.COM may also delete, or bar access to or use of, all related Information and files. SOFASCINATING.COM will not be liable to You or any third-party for any modification, suspension, or termination of the Services, or loss of related information. SOFASCINATING.COM may amend these Terms at any time by posting the amended terms on this Website.
8. ADVERTISEMENTS AND PROMOTIONS
SOFASCINATING.COM runs advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than SOFASCINATING.COM found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. SOFASCINATING.COM is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-SOFASCINATING.COM advertisers on the Website.
8.1 Affiliate Disclosure Statement:
9. CONTENT PROVIDED VIA LINKS
9.1 You may find links to other Internet sites or resources on the Website. You acknowledge and agree that SOFASCINATING.COM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. SOFASCINATING.COM will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
9.2 Content provided by outside sources on the Website is the intellectual property of those sources. Any copying, republication or redistribution of content owned by outside sources, including by caching, framing, or similar means, is expressly prohibited without the prior written consent.
10. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
10.1 Except as expressly authorized in writing by Leader Publishing (owner of SOFASCINATING.COM), You can not reproduce, copy, use, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of any of the Content, including but not limited to text, photographs, ad copy, instructions, visitors comments or submissions contained on this website, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software SOFASCINATING.COM provides for your use or for the functioning of this website, and You must not remove or modify any copyright or trademark notice, or other notice of ownership.
10.2 “SoFascinating” is a trademark of Leader Publishing and are protected by Federal and International Trademark Law. “Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations SOFASCINATING.COM uses in connection with its products and services. “Leader Publishing’s Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations Leader Publishing uses in connection with its products and services.You agree to comply with the SOFASCINATING.COM Trademark and Logo Usage Requirements located at http://www.superWeddings.com/trademarks. You may not remove or alter any SOFASCINATING.COM Trademarks, or co-brand your own products or material with SOFASCINATING.COM Trademarks, without SOFASCINATING.COM’s prior written consent. You acknowledge SOFASCINATING.COM’s rights in SOFASCINATING.COM Trademarks and agree that any use of SOFASCINATING.COM Trademarks by You shall inure to SOFASCINATING.COM’s sole benefit. You agree not to incorporate any SOFASCINATING.COM Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies unless you have been granted the express written permission of SOFASCINATING.COM. You may not remove or alter any Leader Publishing Trademarks, or co-brand your own products or materia Leader Publishing Trademarks, without Leader Publishing‘s prior written consent. You acknowledge Leader Publishing‘s rights in Leader Publishing’s Trademarks and agree that any use of Leader Publishing‘s Trademarks by You shall inure to Leader Publishing‘s sole benefit. You agree not to incorporate any Leader Publishing Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies unless you have been granted the express written permission of Leader Publishing. SOFASCINATING.COM is protected by International Copyright Law. SOFASCINATING is a trademark of Leader Publishing and isprotected by Federal and International Trademark Law. Violators will be prosecuted in accordance with the applicable laws.
10.3 SOFASCINATING.COM is committed to respecting others’ intellectual property rights, and we ask our users to do the same. It is our policy to promptly process and investigate notices of alleged copyright infringement, and take appropriate actions. If You believe that Your copyrighted work is bein copied in a way that constitutes copyright infringement on our Website, please notify our Content Administrator, preferably by email, at:
Box 28074 ; Winnipeg, MB, Canada
All notices of alleged copyright infringement must be in writing. When informing the Content Administrator of an alleged copyright infringement, the complainant must:
(1) Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works at a single Online site are involved, please provide a list of the works on that site.
(2) Describe the material that is claimed to be infringing and provide sufficient information, including full URL, to permit us to locate that material.
(3) Provide your contact information, including an address, telephone number, and, if available, an e-mail address.
(4) Certify or include a statement that the complainant has a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner’s agent, or law.
(5) Certify that the information that you have provided is accurate. The complainant should attest under penalty of perjury that s/he is authorized to enforce the copyrights that have allegedly have been infringed.
(6) Include a physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner. Before the complainants allege an infringement, s/he should consult copyright materials to confirm that the use is, in fact, infringing. The United States Copyright Office provides basic information, online, at http://www.loc.gov/copyright/circs/circ1.html, which can assist one in determining whether an exception or defense, such as fair use, may apply to the use of your copyrighted work.
10.4 Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by SOFASCINATING.COM on this Website provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., “Used with permission”) is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if You breach any of the terms or conditions in this Section 10.4. Upon termination, You must immediately destroy any downloaded and/or printed Content and may be liable for financial penalty.
11. DISCLAIMER OF WARRANTIES
11.1 YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING ALL INFORMATION, SERVICES AND CONTENT (AS DEFINED IN SECTION 1.2) IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. SOFASCINATING.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT.
11.2 SOFASCINATING.COM MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
SOFASCINATING.COM MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE OR THE INFORMATION PROVIDED THROUGH THIS WEBSITE OR THROUGH SERVICES RELATED TO THIS WEBSITE. ANY MATERIAL, ADVICE, OR INFORMATION DOWNLOADED, TRANSMITTED, PUBLISHED, OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE ON OUR WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES WHICH MAY ARISE TO YOURSELF OR ANY OTHER PERSON, PERSONS, OR ENTITIES, AS A RESULT OF YOUR USE OF THIS WEBSITE, THE INFORMATION IT CONTAINS AND PROVIDES, OR ANY SERVICES RELATED TO THIS WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES 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 MATERIAL FROM THIS WEBSITE OR FROM ANY OTHER USE OF THIS WEBSITE.
11.3 YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
12. LIMITATION OF LIABILITY
12.1 TO THE FULL EXTENT PERMITTED BY LAW, SOFASCINATING.COM IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, REPUTATION, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF SOFASCINATING.COM HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
12.2 TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
14. GENERAL TERMS
14.1 The Terms constitute the entire agreement between You and SOFASCINATING.COM relating to their subject matter, and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and signed by an authorized SOFASCINATING.COM representative. You must not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when You use SOFASCINATING.COM or third-party products or services.
14.2 You agree that any material breach of Sections 2, 3, 4, 6, and 10 of the Terms will result in irreparable harm to SOFASCINATING.COM for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, SOFASCINATING.COM will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if SOFASCINATING.COM seeks such an injunction.
14.4 Services, Content, and product derived or obtained from this Website may be subject to export laws and the export or import laws of other countries. You agree to comply strictly with all such laws
14.5 Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
14.6 Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.