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Blushing Bells Iowa is an Iowa wedding blog featuring Iowa weddings and/or Iowa couples. The services offered by Blushing Bells Iowa include the Blushing Bells Iowa websites located at www.blushingbellsia.com or any sub domain of www.blushingbellsia.com (the “Blushing Bells Iowa Website”), and any other feature, content or applications offered from time to time by Blushing Bells Iowa in connection with the Blushing Bells Iowa Website (collectively, the “Blushing Bells Iowa Services”).
Blushing Bells Iowa may modify this Agreement from time to time and each modification will be effective when it is posted on the Blushing Bells Iowa Website. You agree to be bound to any changes to this Agreement through your continued use of the Blushing Bells Iowa Services. 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 of any changes.
We urge you to think before you upload or submit content. This Agreement permits you to upload to or submit to the Blushing Bells Iowa Services only photos or other content that you own the copyright to or otherwise have the right to publish. By uploading or 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. It is your responsibility to ensure you have adequate rights to publish to the Blushing Bells Iowa Services all photos and other content you post.
Use of the Blushing Bells Iowa Services is void where prohibited. You must be eighteen (18) years of age or over to be a Reader or User of the Blushing Bells Iowa Services. 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 Blushing Bells Iowa Services and all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
This Agreement shall remain in full force and effect while you use the Blushing Bells Iowa Services or are a User. Blushing Bells Iowa may terminate your use of the Blushing Bells Iowa Website or the Blushing Bells Iowa Services, in its sole discretion, for any reason or no reason whatsoever, at any time, without warning or notice to you.
NON-COMMERCIAL USE BY MEMBERS
The Blushing Bells Iowa Services are for the personal use of Readers 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 Blushing Bells Iowa. Illegal and/or unauthorized use of the Blushing Bells Iowa Services, 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 Blushing Bells Iowa Website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Blushing Bells Iowa Services.
Blushing Bells Iowa 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 upload to or submit to the Blushing Bells Iowa Services. You represent and warrant that you own the User Content submitted by you to the Blushing Bells Iowa Services or that you otherwise have sufficient right, title and interest in and to such User Content to grant Blushing Bells Iowa 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 posted by you to or through the Blushing Bells Iowa Services.
If part or whole of your submission is accepted by Blushing Bells Iowa, you hereby grant to Blushing Bells Iowa a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, display, reproduce, adapt, modify, re-arrange, and distribute your User Content through any manner, mode of delivery, or media now known or developed in the future. Where possible, photographs used on the Blushing Bells Iowa Services and in any Blushing Bells Iowa publication will include attribution to the photographer and/or copyright holder.
This license will terminate at the time you remove your User Content from the Blushing Bells Iowa Services except as to any User Content that Blushing Bells Iowa has sub-licensed prior to your removal of your User Content from the Blushing Bells Iowa Services, which license shall continue in perpetuity. Blushing Bells Iowa will not remove any features from the Blushing Bells Iowa Services once they are published, but you may request for your User Content to be removed. To remove User Content, please send a request to firstname.lastname@example.org and include a brief description of the item(s) to be removed along with a URL of the item(s) current location on the Blushing Bells Iowa Website. We will remove the item(s) as quickly as possible.
The Blushing Bells Iowa Services contain Content owned by Blushing Bells Iowa (“Blushing Bells Iowa Content”). Blushing Bells Iowa Content is protected by copyright, trademark, and other laws, and Blushing Bells Iowa owns and retains all rights in the Blushing Bells Iowa Content and the Blushing Bells Iowa Services. Blushing Bells Iowa hereby grants you a limited, revocable, non-sub-licensable license to view the Blushing Bells Iowa Content (excluding any software code) solely for your personal use in connection with viewing the Blushing Bells Iowa Website and using the Blushing Bells Iowa 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 Blushing Bells Iowa Content appearing on or through the Blushing Bells Iowa Services.
The Blushing Bells Iowa Services contain Content of other Users and other Blushing Bells Iowa licensors (“Third Party Content”) and you are permitted to access the Third Party Content solely for your personal use in connection with viewing the Blushing Bells Iowa Website and using the Cake Blushing Bells Iowa Services pursuant to the terms contained herein. 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 Blushing Bells Iowa Services.
CONTENT UPLOADED OR SUBMITTED
Please choose carefully the User Content that you upload to or submit to the Blushing Bells Iowa Services 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 upload to or submit to the Blushing Bells Iowa Services or any User Content that violates this Agreement or that is contrary to the purposes of the Blushing Bells Iowa Services, 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 upload to or submit to the Blushing Bells Iowa Services or include in your Blushing Bells Iowa Vendor Profile(s) 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.
Blushing Bells Iowa does not endorse or guarantee the accuracy, efficacy, or veracity of the User Content posted by you or other Users. You acknowledge that we have no way to monitor all User Content that is uploaded to the Blushing Bells Iowa Website and that despite our reasonable efforts to ensure that all User Content is consistent with the purposes of the Blushing Bells Iowa Services, Users may post User Content that contains illegal, inaccurate, libelous, inappropriate, offensive or sexually explicit material, products or services, and Blushing Bells Iowa assumes no responsibility or liability for this material. Blushing Bells Iowa makes no warranties, express or implied, as to any aspect of the User Content uploaded by you or other Users or to the reliability of the User Content or any material or information that you or other Users transmit to other Users or Readers via the Blushing Bells Iowa Services. If you become aware of any inappropriate User Content on the Blushing Bells Iowa Services or any misuse of the Blushing Bells Iowa Services by any person, please contact Blushing Bells Iowa at email@example.com
Blushing Bells Iowa reserves the right, in its sole and absolute discretion, to determine whether User Content is appropriate for the Blushing Bells Iowa Services and to remove any User Content, without notice or liability to you, which it determines to be inappropriate.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Blushing Bells Iowa or others (including without limitation Third Party Content or Blushing Bells Iowa 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 Blushing Bells Iowa Services 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 Blushing Bells Iowa Services; (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.
You are solely responsible for your interactions with other Blushing Bells Iowa Users. Blushing Bells Iowa reserves the right, but has no obligation, to monitor disputes between you and other Users and to immediately terminate the privileges of any User for any reason or for no reason.
PROMOTIONS AND GIVEAWAYS
From time to time, Blushing Bells Iowa 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 is shared with. Blushing Bells Iowa encourages you to review such information prior to engaging with each sweepstakes, promotion or giveaway.
DISCLAIMER OF WARRANTIES
Without limiting the generality of the foregoing, Blushing Bells Iowa is not responsible for any incorrect or inaccurate Content posted on the Blushing Bells Iowa Website or in connection with the Blushing Bells Iowa Services. User Content created and posted on the Blushing Bells Iowa Website may contain links to other websites. Blushing Bells Iowa 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 Blushing Bells Iowa. Inclusion of any linked website on the Blushing Bells Iowa Services does not imply approval or endorsement of the linked website by Blushing Bells Iowa. When you access these third-party sites, you do so at your own risk. Blushing Bells Iowa takes no responsibility for third party advertisements which are posted on this Blushing Bells Iowa Website or through the Blushing Bells Iowa Services, nor does it take any responsibility for the goods or services provided by its advertisers. Blushing Bells Iowa is not responsible for the conduct, whether online or offline, of any User of the Blushing Bells Iowa Services. Blushing Bells Iowa 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. Blushing Bells Iowa 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 Blushing Bells Iowa Services 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 Blushing Bells Iowa Services. Under no circumstances shall Blushing Bells Iowa be responsible for any loss or damage, including personal injury or death, resulting from use of the Blushing Bells Iowa Services, attendance at a Blushing Bells Iowa event, from any Content posted on or through the Blushing Bells Iowa Services, or from the conduct of any Users of the Blushing Bells Iowa Services, whether online or offline. Blushing Bells Iowa cannot guarantee and does not promise any specific results from use of the Blushing Bells Iowa Services.
LIMITATION OF LIABILITY
In no event shall Blushing Bells Iowa or any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Blushing Bells Iowa 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 Blushing Bells Iowa has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Blushing Bells Iowa’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 Blushing Bells Iowa for the Blushing Bells Iowa 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 Blushing Bells Iowa 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 or implied warranties or the exclusion or limitation of liability for incidental or consequential damages. Accordingly, some of the limitations may not apply to you.
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 the United States or the country in which you reside.
DISPUTES; CHOICE OF LAW; VENUE
If there is any dispute about or involving the Blushing Bells Iowa Services, you agree that the dispute shall be governed by the laws of the United States, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction. Effective February 20, 20017, if there is any dispute about or involving the Blushing Bells Iowa Services, you agree that the dispute shall be governed by the laws of the United States, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction. You hereby waive to the maximum extent permitted by applicable law, any claim that such courts constitute an inconvenient venue.
This Agreement is accepted upon your use of the Blushing Bells Iowa Website or any of the Blushing Bells Iowa Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and Blushing Bells Iowa regarding the use of the Blushing Bells Iowa Services. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law.
WAIVER AND SEVERABILITY OF TERMS
The failure of Blushing Bells Iowa to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
STATUTE OF LIMITATIONS
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 Blushing Bells Iowa Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Last Updated: February 20, 2017