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TERMS OF USE
Application
The following Terms of Use ("Terms") are applicable to The National Association of Professional Wedding Videographers Website (NAPWV.com). The NAPWV.com website is referred to generically herein as the "Website". The services provided by NAPWV.com via the Website (other than third party websites accessible via the Website) are subject to these Terms and any policies that may be published by NAPWV.com from time to time. The Terms and any applicable policies comprise the entire agreement between you and NAPWV.com and supersede all prior agreements regarding the subject matter contained herein.
Acceptance Of Terms
BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, IMMEDIATELY DISCONTINUE USING THIS WEBSITE.
Privacy
Please review our Privacy Policy, which also governs your use and visit to the Website, so that you may understand our privacy practices.
Description Of Service
NAPWV.com makes various services available on the Website including, but not limited to, the capability to post information and digital files. Fees for the various services are set out in the Member’s Area on the Website. You are solely responsible for providing, at your own expense: (i) all equipment, including a computer and modem; and (ii) your own Internet access.
In order to access some of the services, you will require a separate account and password which can be obtained by completing the online NAPWV directory sign-up form ("Registration Data") and maintaining and updating your Registration Data as required.
YOU AGREE NOT TO HOLD NAPWV.COM LIABLE FOR ANY DAMAGE TO, ANY DELETION OF OR ANY FAILURE TO STORE YOUR FILES, DATA OR REGISTRATION DATA. You further acknowledge that NAPWV.com has a fixed upper limit on the amount of disk space that you may use, which limits are set out in the Member’s Area of the Website.
Grant Of Limited License
Subject to the license granted herein, you retain all rights in and to any of your material you upload to the Website. In order to enable NAPWV.com to provide the Website, you grant NAPWV.com and its designated licensees a non-exclusive, royalty free, worldwide right to copy, distribute, use in connection with the operation of the Website, such material, regardless of the medium, technology, or form in which it is used. Such use by NAPWV.com may include, but will not be limited to, use of any information, images, or videos posted to the Website to be included as part of a screen option, demonstration, brochure or email, for the purpose of promoting your material or the Website.
You acknowledge that NAPWV.com may be required to compress or perform other technical processing of your uploaded files due to technical limitations on the Website.
Backup Copies Of Video
The Website is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although NAPWV.com takes what we believe to be reasonable precautions to preserve and protect the material you upload to the Website, you should not rely on the Website as a data storage facility. You should backup copies of any digital data or information that you have uploaded.
Security Of Your Account
You are solely responsible for maintaining the confidentiality of your password and account and for any and all activities which occur under your account. You agree to immediately notify NAPWV.com of any unauthorized use of your account.
Your Conduct
(a) Your use of the Website is subject to all applicable laws and regulations.
(b) You agree not to upload or otherwise transmit through the Website any unlawful, harassing, libelous, abusive, profane, threatening, harmful, vulgar, obscene, sexually explicit, pornographic, illegal or otherwise objectionable material of any kind or nature.
(c) You further agree not to gain or attempt to gain unauthorized access to other computer systems via the Website.
(d) You agree not to upload or otherwise transmit through the Website any material that:
(i) infringes on any third party rights; and (ii) contains any virus or other harmful code that may change or disrupt the Website or any other user's equipment or software.
(e) Your right to use the Website is personal to you. You agree not to resell or make any commercial use of the Website or transfer your rights herein, without the express written consent of NAPWV.com, which consent shall be at NAPWV.com's sole discretion.
Content
NAPWV.com neither endorses or assumes any liability for the contents of any material uploaded or submitted by third party users of the Website. The Website acts only as a passive conduit for online storage of materials uploaded or submitted to the Website. NAPWV.com retains the right to delete content that it deems in its sole discretion to be objectionable, but makes no claim to ensure that all objectionable or illegal content will be removed from the Website. You hereby consent to such removal and waive any claim against NAPWV.com arising out of such file removal.
You acknowledge and agree that, during the course of providing the Website, NAPWV.com may be required to grant access to a third party and/or decrypt files in response to a court order or in response to a request from law enforcement or other government authority. You hereby consent to such legal production and waive any claim against NAPWV.com arising out of such court order.
Copyright
The entire content of the Website in aggregate is owned by NAPWV.com, and protected as a collective work under United States intellectual property laws, treaties and conventions. The copying, reproduction, or publication of any part of the Website is prohibited, unless expressly authorized in writing by NAPWV.com.
No copyrighted material may be uploaded or submitted to any Website by anyone without the permission of the copyright owner or persons authorized by the copyright owner. You are solely responsible for obtaining all such necessary permission at your sole cost and expense before uploading any such material to the Website. You acknowledge that content, including but not limited to text, music, sound, photographs, video, graphics, logos, button icons or other material contained on the Website ("Content") is owned or licensed by NAPWV.com and other third parties and is protected by copyrights, trade-marks and/or other rights and laws. All videos on the NAPWV website are offered for information purpose only as a collective work and are the property of the respective contributors protected by both the NAPWV.com and its contributing owner. You may download the material available on the Website for your personal, non-commercial use only. Except as may be permitted by copyright law, you are responsible for obtaining permission from the copyright owner before reusing any copyrighted material that is on the Website. In the event of any permitted copying, redistribution or publication of copyrighted material from the Website, no changes in or deletion of author attribution, trade-mark legend or copyright notice shall be made.
You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from the Website.
Access To Third Party Websites
NAPWV.com is not responsible for the content of any third party website which you access through the Website. If you decide to access any such third party website, you do so entirely at your own risk.
From time-to-time, NAPWV.com may enter into strategic relationships with third party websites whereby listings of NAPWV.com members will be visible through those third party websites.
Use of Directory
Links to other websites for member videographers on the Website and references to products and services offered by members, advertisers or sponsors are provided to you for convenience only and do not constitute an endorsement or approval by NAPWV.com of (i) the individuals that operate linked web sites; (ii) the content on linked web sites; or (iii) such third party products and services.
As we have no control or responsibility over websites or content maintained through links, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.
You acknowledge and agree that any reliance on information available on this Website (or links) shall be entirely at your own risk. In no event shall the NAPWV.com be liable for any direct, indirect, consequential or exemplary damages arising from the use of this website or such third party products and services.
Modifications to Terms and Website
You acknowledge and agree that it is your responsibility to maintain a valid email address as a registered user, review this Website and these Terms of Use periodically and to be aware of any modifications. Without limiting the foregoing, NAPWV.com may, from time to time as it reasonably determines, change the attributes to various levels of "listing service" selected by visitors, change the pricing structure, add or remove non-fee and fee based services, or change its limitation on allowable file size; provided however, that NAPWV.com will not retroactively make such changes which have been previously paid for by you. NAPWV.com shall not be liable to you or any third party should NAPWV.com exercise such right. NAPWV.com will make reasonable efforts to notify you of such changes by way of email or posting a notice of such change on its Website and you acknowledge and agree that these are appropriate and reasonable methods of notifying me of such modifications. Please ensure that you attend to your email periodically and visit the Website periodically to check whether any modifications have been made.
Indemnification
You agree to indemnify and hold NAPWV.com, its subsidiaries, affiliates, directors, officers and employees, harmless from any claim or demand, including reasonable legal fees and expenses, due to or arising out of your use of the Website, which cause direct or indirect damage or harm to a third party.
Disputes
With respect to any dispute regarding the Website, all rights and obligations and all actions contemplated by these Terms of Use shall be governed by the laws of New York, as if the Terms of Use were a contract wholly entered into and wholly performed within New York. Any dispute relating in any way to your visit to the Website shall be submitted to confidential arbitration in New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Termination
Either you or NAPWV.com may terminate your relationship with or without cause at any time. You agree that NAPWV.com may, in its sole discretion, terminate or suspend your access to all or part of the Website for any reason, including, without limitation, breach of the Terms. If NAPWV.com reasonably suspects fraudulent, abusive or illegal activity, it will terminate your relationship with NAPWV.com and we may refer such suspicions to appropriate law enforcement authorities.
Should you object to the Terms or Privacy Policy or any subsequent modifications thereto or become dissatisfied with the Website in any way, your only recourse is to immediately: (a) discontinue use of the Website; (b) terminate your membership; and (c) notify NAPWV.com of your termination. NAPWV.com shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NAPWV.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NAPWV.COM MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES NAPWV.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM UPLOADING AND/OR DOWNLOADING SUCH MATERIAL AND/OR DATA. NAPWV.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE.
Limitation of Liability
NAPWV.COM SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE INCLUDING ANY DAMAGE THAT RESULTS FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF NAPWV.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR AN AMOUNT GREATER THAN THE AGGREGATE AMOUNT YOU PAID TO NAPWV.COM IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CAUSE OF ACTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT NAPWV.COM IS NOT LIABLE FOR THE CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT ANY RISK FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NAPWV.COM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
General
Terms are binding upon and shall endure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder or otherwise without NAPWV.com's prior written consent.
Billing and Fees
All fees will be charged directly to your credit card or PayPal account and are due in advance of the service period. NAPWV.com does not provide refunds of any amount for any termination request. Annual customers will be contacted prior to expiry of their memberships and will be given the opportunity to renew their accounts.
Termination and Refund Policy
Contact NAPWV.com using the Contact form on the Website if you would like to terminate your membership. Upon termination your membership will be terminated and all membership benefits will be terminated, including listing removed from the NAPWV directory. Fees paid for unused periods remaining are non-refundable.
PRIVACY POLICY
Application
In this Privacy Policy, we refer to the National Association of Professional Wedding Videographers website (NAPWV.com) as the "Website". Use of the Website is subject to NAPWV.com's Terms of Use. This Privacy Policy is incorporated into the Website Terms of Use, and should therefore be read with the Terms of Use to fully understand your rights and obligations and the rights and obligations of NAPWV.com.
Acceptance of Terms
BY USING THE WEBSITE OR BY OTHERWISE PROVIDING NAPWV.COM YOUR PERSONAL INFORMATION, YOU AGREE TO BE BOUND BY THIS PRIVACY POLICY. IF YOU DO NOT WISH TO BE BOUND BY THE PRIVACY POLICY, DO NOT PROVIDE ANY PERSONAL INFORMATION TO NAPWV.COM WHETHER VIA THE WEBSITE OR OTHERWISE.
IF YOU DO NOT ACCEPT THIS PRIVACY POLICY AND THE TERMS OF USE, PLEASE IMMEDIATELY DISCONTINUE USING THIS WEBSITE AND, AS STATED ABOVE, DO NOT PROVIDE ANY PERSONAL INFORMATION TO NAPWV.COM.
Information Collected About You
Personal information collected about you and your company shall be completely voluntary and at your discretion. It is always your choice whether or not to provide NAPWV.com your personal information. There are three types of information that NAPWV.com collects about you:
(a) Personal Registration Information
We collect the contact information you supply when you register or sign up for one of NAPWV.com's services, including your name, city, state, zipcode, e-mail address, website address and the password you select. This information, which we refer to as "Personal Registration Information", may be edited by you at any time, either using your password or contacting NAPWV.com.
(b) We collect the information you post or want to be publicly viewable, such as your company name and website address on NAPWV.com. We refer to this information as Publicly Posted Information, and it is accessible by anyone with Internet access. This information is not to be sold or made available to third parties.
(c) Cookies and Tracking Information
NAPWV.com uses "cookies" to personalize your experience on our Website. Cookies are small data files that contain information about you, that are stored on your hard drive when you visit certain websites. Many popular websites use cookies to store your preferences on a particular site. Cookies collect information such as your browser type, time and length of your visit. Our use of your personal information largely depends on the use of cookies. You can reset your browser to refuse all cookies or indicate when a cookie is being sent. Note that if you refuse cookies, you may be unable to use certain services in the Website.
Use of Personal Information; Right to Opt Out
Your personal information will be used only to, among other reasons, provide you the services you have requested, improve the content on our Website, help us serve your needs and requests better, and generally support your use of the Website. Without limiting the foregoing, personal information collected on the Website or through other voluntary means may be used by NAPWV.com, in following ways:
- to specify unique preferences and to provide personalized content; - to track user trends and patterns.
- expand our online directories or contact you regarding future NAPWV.com products and services.
- to communicate special offers and featured items to you including notices pertaining to future NAPWV.com products and services.
- to respond to your customer service inquires or requests.
- provide you with certain information about products or services we think may interest you.
- to inform you of upcoming events, promotions, and developments with respect to membership information, including changes to our Service Fees.
- to enhance website operation and efficiency.
NAPWV.com will not sell or otherwise transfer your personal information to unaffiliated third parties other than in accordance with this Privacy Policy. If you do not want the information you provide to NAPWV.com used in the above noted manner, you can indicate this preference by contacting NAVWP.com.
Please note, however, depending on what you wish to opt-out from, may impact on our ability to provide you the services you are requesting.
Security
Your Personal Registration Information -- the information you supply when you register or sign up for one of NAPWV.com's services -- is password-protected so that only you and NAPWV.com have access to this information. Your Limited Access Information is accessible only to you and the people who you give permission to access your files. Your Publicly Posted Information is available to anyone with Internet access. Your Cookie and Tracking Information is used by us for internal purposes only to provide you with personalized service.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100 percent secure. As a result, while we strive to protect your personal information, NAPWV.com cannot ensure or warrant the security of any information that you transmit to us through our Website or that you download from our online products or services on our Website, and you do so at your own risk. Once we receive your transmission, we use commercially reasonable efforts to ensure its security on our systems. Your personal information resides on a secure server that only authorized NAPWV.com personnel and contractors have access to via password.
When you make a listing purchase and check out on NAPWV.com, the check out process goes via PayPal.com secured web site. The personal customer information you provide to create and access an account with us and to make purchases from us via PayPal is secured using industry standard e-commerce security. When you complete a purchase using PayPal, you are submitting your payment information to this company, and our access is limited to the information required for your directory listing (i.e. name, contact information, website url). When using PayPal on our site, we do not have access to your credit card information. Refer to PayPal privacy policy for additional details.
Modifications to the Privacy Policy
NAPWV.com reserves the right to make changes, modifications, additions or deletions to this Privacy Policy at any time. NAPWV.com will make reasonable efforts to notify you of such modifications by email to the address listed by the registered user, posting a notice that modifications have been made on the top or this page or on NAPWV.com home page, or other means that NAPWV.com believes is reasonable in the circumstances.
You acknowledge and agree that it is your responsibility to maintain a valid e-mail address as a registered user and to review this Privacy Policy periodically to be aware of any modifications. Your continued use of NAPWV.com after such modifications constitutes your acknowledgement of the modified Privacy Policy, and agreement to abide and be bound by the modified Privacy Policy.
How to Contact NAPWV.com
If you have any questions, comments, concerns or require more information about this Privacy Policy or the personal information practices of NAPWV.com, please contact us using the email contact form on NAPWV.com.
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