Effective Date: June 12, 2018
Scope
The following Terms and Conditions of Use (“Terms”) governs your use of websites located at lubbockshomeandfamily.com and weddingsbywendyrose.com (the “Sites”), operated by MKD Publishing (“us”, “we”, or “our”)
Please take a few minutes to read this Agreement carefully.
Your access to and use of the Sites is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Sites.
By accessing or using any of our Sites you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Sites.
Communications
By creating an Account or making a purchase on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Purchases
If you wish to purchase any product or service made available through the Sites (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The Sites may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Sites. We may experience delays in updating information on the Sites and in our advertising on other web sites. The information found on the Sites may contain errors or inaccuracies and may not be complete or current. Products or services may be mis-priced, described inaccurately, or unavailable on the Sites and we cannot guarantee the accuracy or completeness of any information found on the Sites.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Sites may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Content
Our Sites may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Sites, including its legality, reliability, and appropriateness.
By posting Content on or through the Sites, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Sites does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Sites and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Sites. However, by posting Content using the Sites you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Sites. You agree that this license includes the right for us to make your Content available to other users of the Sites, who may also use your Content subject to these Terms.
MKD Publishing has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Sites are the property of MKD Publishing or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Use License
Permission is allowed to temporarily download one duplicate of the materials (data or programming) on MKD Publishing’s site for individual and non-business use only. This is the just a permit of license and not an exchange of title, and under this permit you may not:
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- modify or copy the materials;
- use the materials for any commercial use , or for any public presentation (business or non-business);
- attempt to decompile or rebuild any product or material contained on MKD Publishing’s site;
- remove any copyright or other restrictive documentations from the materials; or
- transfer the materials to someone else or even “mirror” the materials on other server.
This permit might consequently be terminated if you disregard any of these confinements and may be ended by MKD Publishingwhenever deemed. After permit termination or when your viewing permit is terminated, you must destroy any downloaded materials in your ownership whether in electronic or printed form.
Constraints
In no occasion should MKD Publishing or its suppliers subject for any harms (counting, without constraint, harms for loss of information or benefit, or because of business interference,) emerging out of the utilization or powerlessness to utilize the materials on MKD Publishing’s Internet webpage, regardless of the possibility that MKD Publishing or a MKD Publishing approved agent has been told orally or in written of the likelihood of such harm. Since a few purviews don’t permit constraints on inferred guarantees, or impediments of obligation for weighty or coincidental harms, these confinements may not make a difference to you.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Sites infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to melody@mkdpublishing.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under
“DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Sites on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. identification of the URL or other specific location on the Sites where the material that you claim is infringing is located;
4. your address, telephone number, and email address;
5. 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;
6. 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.
You can contact our Copyright Agent via email at melody@mkdpublishing.com.
Intellectual PropertyThe Sites and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of MKD Publishing and its licensors. The Sites is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or Sites without the prior written consent of MKD Publishing.
Links To Other Web Sites
Our Sites may contain links to third party web sites or services that are not owned or controlled by MKD Publishing. MKD Publishing has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that MKD Publishing shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Sites immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless MKD Publishing and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall MKD Publishing, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Sites; (ii) any conduct or content of any third party on the Sites; (iii) any content obtained from the Sites; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Sites is at your sole risk. The Sites are provided on an “AS IS” and “AS AVAILABLE” basis. The Sites are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
MKD Publishing its subsidiaries, affiliates, and its licensors do not warrant that a) the Sites will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Sites are free of viruses or other harmful components; or d) the results of using the Sites will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Sites, and supersede and replace any prior agreements we might have had between us regarding the Sites.
Compliance
You expressly agree that the Sites may only be used for lawful purposes as governed by any applicable international, national/federal, state, provincial or local laws, statutes, and regulations. You may not use the Sites in any way that could result in criminal or civil liability. Use of the Sites from outside of the United States shall be in compliance with the laws of the jurisdiction from which you access the Sites.
Relationship
Your use of the Sites does not create, and nothing contained in this Agreement will be deemed to establish, an employment, agency, franchise, joint venture or partnership relationship between you and MKD Publishing. Use of the Sites does not provide you with the authority to enter into any agreements for or on behalf of MKD Publishing. Moreover, use of the Sites does not grant you the authority, either express or implied, to incur obligations or liability on behalf of MKD Publishing. By using the Sites, you agree that no attempts to subject MKD Publishing to any such obligations or liability will be made.
Waiver
Failure by MKD Publishing to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
Other Agreements
This Agreement shall be subject to any other agreements you have entered into with MKD Publishing. If any such agreements conflict with the terms of the instant Agreement, the other agreements shall control.
Additional Terms
Certain sections or pages on the Sites may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. Should there be a conflict, the additional terms and conditions will govern for those sections or pages.
Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
Effect
This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties to this Agreement and their respective successors and assignees. Neither the course of conduct between the parties to this Agreement nor trade practice shall serve to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved.
Modification
MKD Publishing reserves the right to modify this Agreement at any time, with or without notice to you. Thus, you should check the Agreement periodically for changes. You agree that MKD Publishing will not be liable to you or any third party for any modifications to the Agreement.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Sites after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us.