The Wedding Boutique is a boutique wedding consulting business aimed at providing young bridal couples the inspiration and advice to plan their own non-traditional and informal wedding. The Wedding Boutique is legally founded as a business in Belgium under registration number and VAT-number 0650.899.791.
The Wedding Boutique offers an online platform on www.thewedboutique.com, both online and offline wedding consulting services and wedding styling services. The Wedding Boutique is also registered to offer other services related to design and event management, digital products and printed goods. The Wedding Boutique can change and expande its range of products and services at all times.
This Agreement includes your rights, obligations and restrictions regarding your use of the services of The Wedding Boutique, please read it carefully. If you do not agree with the Terms of this Agreement, you should leave the website of The Wedding Boutique and discontinue use of the services of The Wedding Boutique immediately. If you wish to become a User, submit content, video or images, and generally make use of the services of The Wedding Boutique, you must read this Agreement and indicate your acceptance during the content submission process.
The Wedding Boutique may modify this Agreement from time to time and each modification will be effective when it is posted on the website of The Wedding Boutique. You agree to be bound to any changes to this Agreement through your continued use of the services of The Wedding Boutique. You will not be notified of any modifications to this Agreement so it is important that you review this Agreement regularly to ensure you are updated as to any changes.
THIS AGREEMENT PERMITS YOU ONLY TO SUBMIT PHOTOS OR OTHER CONTENT THAT YOU OWN THE COPYRIGHT TO OR OTHERWISE HAVE THE RIGHT TO PUBLISH. BY SUBMITTING PHOTOS OR OTHER CONTENT THAT YOU DO NOT OWN THE COPYRIGHT TO OR DO NOT OTHERWISE HAVE THE RIGHT TO PUBLISH, YOU MAY SUBJECT YOURSELF TO LEGAL LIABILITY (SEE E.G., SECTIONS 4 - 6 BELOW). IT IS YOUR RESPONSIBILITY TO ENSURE YOU HAVE ADEQUATE RIGHTS TO PUBLISH ALL PHOTOS AND OTHER CONTENT YOU SUBMIT.
You must be eighteen (18) years of age or over to be a Visitor or User of The Wedding Boutique. By registering, you (i) represent and warrant that you have the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of this Agreement, and (ii) agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of The Wedding Boutique and all applicable laws regarding the transmission of technical data exported from Belgium or the country in which you reside.
This Agreement shall remain in full force and effect while you use The Wedding Boutique. The Wedding Boutique may terminate your use of their website or their services, in its sole discretion, for any reason or no reason whatsoever, at any time, without warning or notice to you.
3. Non-commercial Use.
The services of The Wedding Boutique are for the personal use of Visitors and Users only and may not be used by you in connection with any commercial endeavors except those that are specifically endorsed or approved by The Wedding Boutique. Illegal and/or unauthorized use of the services of The Wedding Boutique, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to The Wedding Boutique's website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the services of The Wedding Boutique.
4. User Content.
* The Wedding Boutique does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “User Content”) that you submit to The Wedding Boutique. You represent and warrant that you own the User Content submitted by you or that you otherwise have sufficient right, title and interest in and to such User Content to grant The Wedding Boutique the licenses and rights set forth below without violating, infringing or misappropriating the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you submitted to The Wedding Boutique's website.
* After submitting User Content to the services of The Wedding Boutique, you continue to retain such rights in such User Content as you held prior to posting such User Content on the services of The Wedding Boutique and you continue to have the right to use your User Content in any way you choose. However, by displaying or publishing (“posting”) any User Content on or through the services of The Wedding Boutique, you hereby grant The Wedding Boutique a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, adapt, modify (e.g., re-format), re-arrange, and distribute your User Content through any media now known or developed in the future. Photographs used on the services of The Wedding Boutique or in any publication of The Wedding Boutique will include attribution to the photographer and/or copyright holder. As part of the non-exclusive license you grant to The Wedding Boutique, you agree to allow other Users of the services of The Wedding Boutique to add your User Content to their inspiration boards or moodboards, provided that such use is for non-commercial purposes and private use only.
* Without this license, The Wedding Boutique would be unable to provide their services or its publications. For example, the license you grant to The Wedding Boutique is non-exclusive (meaning you are free to license your Content to anyone else in addition to The Wedding Boutique), fully-paid and royaltyfree (meaning that The Wedding Boutique is not required to pay you for the use of the User Content that you post), sublicensable (so that The Wedding Boutique is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the services of The Wedding Boutique), and worldwide (because the Internet and the services of The Wedding Boutique are global in reach).
* This license will terminate at the time you remove your User Content from the services of The Wedding Boutique except as to any User Content that The Wedding Boutique has sublicensed prior to your removal of your User Content from the services of The Wedding Boutique, which license shall continue in perpetuity.. To remove User Content, please send a request to email@example.com and include a brief description of the item(s) to be removed along with a URL of the item(s) current location on The Wedding Boutique's Website. We will remove the item(s) as quickly as possible.
* The services of The Wedding Boutique contain Content owned by The Wedding Boutique ("Own Content". Own Content is protected by copyright, trade secret and other laws, and The Wedding Boutique owns and retains all rights for both their Own Content and their services. The Wedding Boutique hereby grants you a limited, revocable, non-sublicensable license to view the Own Content (excluding any software code) solely for your personal use in connection with viewing their website and using their services. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Own Content appearing on or through the services of The Wedding Boutique.
* The services of The Wedding Boutique contain Content of other Users and other licensors (“Third Party Content”) and you are permitted to access the Third Party Content solely for your personal use in connection with viewing the website and services of The Wedding Boutique. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Third Party Content appearing on or through the services of The Wedding Boutique.
5. Content Submitted.
* Please choose carefully the User Content that you submit to The Wedding Boutique and that you provide to other Users as you are solely responsible for your User Content and for any liability that may result from the User Content you post. You expressly agree that you will not submit any User Content that violates this Agreement or that is contrary to the purposes of the services of The Wedding Boutique, that may be offensive, illegal or violate the rights of, harm, or threaten the safety of any person, or that presents any business or individual in a negative light. You further agree that you will not submit any photographs or video containing nudity, or obscene, lewd, violent, harassing, libelous, sexually explicit or otherwise objectionable subject matter or any content owned by third parties for which you do not have the right to post, display or publish.
* The Wedding Boutique reviews all User Content that is submitted to The Wedding Boutique. Despite our reasonable efforts to ensure that all User Content is consistent with the purposes of the services of The Wedding Boutique, we cannot fully control all User Content that is posted to The Wedding Boutique. If you become aware of any inappropriate User Content on the services of The Wedding Boutique or any misuse of the services of The Wedding Boutique by any person, please contact firstname.lastname@example.org.
* The Wedding Boutique reserves the right, in its sole discretion, to reject, refuse to post or remove any User Content you provide, or to restrict, suspend, or terminate your access to all or any part of the services of The Wedding Boutique at any time, for any reason or for no reason, with or without prior notice, and without liability to you or any third party.
6. Prohibited Content.
The Wedding Boutique reserves the right, in its sole and absolute discretion, to determine whether User Content is appropriate for the services of The Wedding Boutique and to remove any User Content, without notice or liability to you, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial list of the types of User Content that The Wedding Boutique deems to be inappropriate:
* Content that criticizes a business or individual beyond that of merely offering an opinion;
* Content that harasses or advocates harassment of another person;
* Content that exploits people in a sexual or violent manner;
* Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
* Content that includes racially, ethically, or otherwise objectionable language;
* Content that is libelous, defamatory, or otherwise tortious language;
* Content that solicits personal information from anyone under 18;
* Content that promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
* Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
* Content that involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing, instant messaging, “spimming”, or “spamming”;
* Content that contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
* Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
* Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
* Content that involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; and
* Content that includes a photograph of another person that you have posted without that person’s consent.
The Wedding Boutique’s right to remove inappropriate User Content shall not be its sole right with respect to inappropriate User Content and The Wedding Boutique expressly reserves the right to investigate and take appropriate legal action against anyone who, in The Wedding Boutique’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
7. Prohibited Activity.
You expressly agree that you are prohibited from engaging in, and will not engage in, the following prohibited activities in connection with your use of the services of The Wedding Boutique:
* copying, modifying, translating, publishing, broadcasting, transmitting, licensing, sublicensing, assigning, distributing, performing, publicly displaying, or selling any Third Party Content or Own Content appearing on or through the services of The Wedding Boutique;
* criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
* any automated use of the system, such as using scripts to add comments or messages;
* interfering with, disrupting, or creating an undue burden on the services of The Wedding Boutique or the networks or services connected to the services of The Wedding Boutique;
* attempting to impersonate another User, person, or representative of The Wedding Boutique;
* using any information obtained from the services of The Wedding Boutique in order to harass, abuse, or harm another person;
* accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the services of The Wedding Boutique on behalf of that person; or
* using the services of The Wedding Boutique in a manner inconsistent with any and all applicable laws and regulations.
8. Copyright Policy.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to The Wedding Boutique or others (including without limitation Third Party Content or Own Content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information. If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user. Without limiting the foregoing, if you believe that your work has been copied and posted on the services of The Wedding Boutique in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the services of The Wedding Boutique; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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 the copyright owner’s behalf. Send this information to the following address:
Copyright Infringement, The Wedding Boutique, Adrinkhovenlaan 4, 2150 Borsbeek, Belgium.
10. Promotions and Giveaways.
From time to time, The Wedding Boutique will offer sweepstakes, promotions or giveaways on behalf of third parties. Each promotion or giveaway will have its own rules that will disclose what information is gathered, how that information is used, and who that information shared with. The Wedding Boutique encourages you to review such information prior to engaging with each sweepstakes, promotion or giveaway.
11. Disclaimer of Warranties.
The services of The Wedding Boutique are provided to you based on the current availability with no representations or warranties of any kind, aside those warranties which are applicable by law. Use your best judgement and exercise caution where appropriate.
Without limiting the generality of the foregoing, The Wedding Boutique is not responsible for any incorrect or inaccurate Content posted on the website of The Wedding Boutique or in connection with the services of The Wedding Boutique. User Content created and posted on The Wedding Boutique's Website may contain links to other websites. The Wedding Boutique is not responsible for the accuracy or opinions contained in User Content or on third party websites linked from User Content. Such websites are in no way investigated, monitored or checked for accuracy or completeness by The Wedding Boutique. Inclusion of any linked website on the services of The Wedding Boutique does not imply approval or endorsement of the linked website by The Wedding Boutique. When you access these third-party sites, you do so at your own risk. The Wedding Boutique is not responsible for the conduct, whether online or offline, of any User of the services of The Wedding Boutique. The Wedding Boutique assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any Content. The Wedding Boutique is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the services of The Wedding Boutique or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the services of The Wedding Boutique. Under no circumstances shall The Wedding Boutique be responsible for any loss or damage, including personal injury or death, resulting from use of the services of The Wedding Boutique, attendance at an event hosted by The Wedding Boutique, from any Content posted on or through the services of The Wedding Boutique, or from the conduct of any Users of the services of The Wedding Boutique, whether online or offline. The Wedding Boutique cannot guarantee and does not promise any specific results from use of the services of The Wedding Boutique.
12. Limitation of Liability.
IN NO EVENT SHALL THE WEDDING BOUTIQUE, OR ANY PERSON HANDLING IN THE NAME OF THE WEDDING BOUTIQUE, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF THE WEDDING BOUTIQUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE WEDDING BOUTIQUE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, PAID BY YOU TO THE WEDDING BOUTIQUE FOR THE USE OF THEIR SERVICES DURING THE TERM OF YOUR USE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE WEDDING BOUTIQUE SHALL NOT BE LIABLE FOR USER CONTENT OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS MAY NOT APPLY TO YOU
13. Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Belgium or the country in which you reside.
14. Disputes; Choice of Law; Venue.
If there is any dispute about or involving the services of The Wedding Boutique, you agree that the dispute shall be governed by the Belgian National Law, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in Antwerp, Belgium. You hereby waive to the maximum extent permitted by applicable law, any claim that such courts constitute an inconvenient venue. The prevailing party in any action brought in connection with this Agreement shall be entitled to an award of attorneys’ fees and costs incurred by the prevailing party in connection with such action.
16. This Agreement is accepted upon your use of the website or any of the other services of The Wedding Boutique.