This Agreement is made between MyWed Inc (WY), hereinafter referred to as the "Service Provider and any person who becomes a user of the website mywed.com (hereinafter referred to as the Website) upon registration on the “Website”, hereinafter referred to as the “Customer”, together referred to as "Parties", and separately as "Party" in the text of the Agreement.
The unconditional acceptance of the terms of this Agreement offer is considered to be the Customer's registration on the Website by filling out the registration form and expressing consent to the terms of the Agreement during registration.
This Agreement is concluded by accepting this offer, does not require a bilateral signature, and is valid in electronic form.
- 1. Terms and Definitions
- 2. Subject of the agreement
- 2.1. The Service Provider undertakes to provide Services to the Customer, and the Customer undertakes to comply with the terms of the Agreement, including, but not limited to, paying for Paid Services.
- 2.2. The Service Provider provides the Services to the Customer by providing access to the Database, as well as by providing other Free and Paid Services.
- 2.3. The obligatory condition of providing the Services by the Service Provider in accordance with the Agreement is the acceptance of the requirements and provisions defined in the Agreement by the Customer.
- 2.4. The Service Provider reserves the right to change the terms of the Agreement and all its integral parts without coordination with the Customer notifying the latter by posting a new edition of the Agreement or any of its integral parts which underwent changes on the Website. A New edition of the Agreement and/or any of its integral parts shall enter into force from the moment of its publication on the Website if another period of entering into force is not determined by the Service Provider at the time of its publication. The current version of the Agreement and all annexes to it is always available on the Website for public access at: https://mywed.com/agreement/
- 3. Rights and obligations of the parties
- 3.1. Rights and obligations of the Service Provider
- 3.1.1. The Service Provider provides Services to the Customer. The type of Services determines the volume, terms, and conditions of Services provided purchased, or received by the Customer free of charge (Free Services), but in any case, taking into account the possibility or impossibility to get access to the Database is determined at the moment of request to the Database using the Website. The Provider does not guarantee that the information available at a certain point of time will be available at any other point of time during the term of the Agreement.
- 3.1.2. The Service Provider gives the Customer an opportunity to publish information about the Customer himself, information about the Customer's services, and examples of the Customer's works if all the published content complies with this Agreement and the Website rules.
- 3.1.3. The content of the Services, terms of their provision, and other parameters of the Service are determined by the Customer independently by selecting the Service and/or Activation of a Paid Service in the Customer's Profile, or on the page containing the Paid Service offer (hereinafter – the Paid Service promo page).
- 3.1.4. The Service Provider has the right to unilaterally change the cost of Paid Services The Service Provider is obliged to notify the Customer about a change in the cost of Paid Services by posting relevant information on the Website page where this Paid service is offered for purchase. In case of pricing changes, services already paid by the Customer are provided in accordance with the tariffs that were in effect at the time of Activation of the respective Paid Services.
- 3.1.5. In case the Customer violates the terms of the Agreement or the Website rules, the Service Provider has the right to unilaterally refuse to fulfill the Agreement, to block the access to the Customer's Profile, to cancel the Customer's Personal profile and withhold from the Customer a penalty in the amount of the unused balance of money on the Activated Paid Services. At the same time, the Service Provider is obliged to return to the Customer the amount of funds on the Customer's Personal Account on the Website at the time of termination of the Agreement. In case such violations caused damages to third parties, the Customer shall be fully responsible for them.
- 3.1.6. During the term of the Agreement, the Service Provider shall have the right to review and delete text and photos posted by the Customer if they promote hatred and/or discrimination against people on racial, ethnic, sexual, religious, social grounds; promote the use of drugs and other means that are harmful to health; call for inhumane treatment of animals; violate the rights of national and other minorities; contain calls for violent acts; violate the rights of authors and other owners of intellectual property.
In addition, the Service Provider reviews the photos posted by the Customer on the Website for their compliance with the minimum technical and artistic level.
- 3.1.7. The Service Provider undertakes not to disclose to third parties the Customer's account information.
- 3.1.8. The Service Provider reserves the right to delete any Profile on the Website without notifying the Customer and explaining the reasons.
- 3.2. Rights and obligations of the Customer
- 3.2.1. The Customer is prohibited from transferring his Account information to third parties.
- 3.2.2. The Customer has the right to change the password independently, without notifying the Service Provider.
- 3.2.3. The Customer has the right to deposit any amount of money in order to replenish the Personal account for the following Activation of the services. Information about the cost of the Service Provider's Paid Services is contained on the promo page of the particular Paid service.
- 4. Personal information
- 4.1. Information about the Customer located on his Profile contains (may contain) his personal data. At the same time, such personal data of the Customer is publicly available, and any User of the Website can become familiar with it.
- 4.2. Taking into account that personal data with the Customer's consent is publicly available when processing the Customer's personal data, the Service Provider shall take all organizational and technical measures to protect them from unauthorized access in a way not foreseen by the Website.
- 4.3. However, it is possible that as a result of a malfunction of the Website, virus or hacker attack, technical malfunctions and other circumstances, the Customer's personal data may become available to other persons. The Customer understands this and agrees that it will not raise any claims against the Service Provider in this regard, given that it makes its personal data publicly available.
- 4.4. By virtue of this Agreement, by specifying his personal data on the Website, the Customer unconditionally agrees:
- — with the provision of personal data to an unlimited number of people through the Website;
- — with the processing of personal data by the Service Provider;
- — with the dissemination of personal data through the Website;
- — with other actions of the Service Provider towards such data due to the operation of the Website.
- 4.5. By posting his personal data on the Website, the Customer confirms that he does so voluntarily and that he voluntarily provides it to the Service Provider for processing. If the Customer does not agree with the above-mentioned conditions, he must not register on the Website or must immediately delete his Profile and use the Website exclusively as a User.
- 4.6. The Service Provider shall process only the Customer's personal data that has been placed by the Service Provider on the Website. The Customer's personal data shall be processed with the help of software and hardware tools of the Website.
- 4.7. The purpose of processing the Customer's personal data is to compile the Customer Database of the Website to ensure the operation of the Website and the subsequent provision of Services to the Customer by the Service Provider.
- 4.8. Personal data of the Customer is processed by the Service Provider during the period of their placement on the Website. If the personal data posted on the Website or in the Customer's Profile is deleted, the Service Provider stops processing it. However, the Service Provider has the right to keep a backup copy of the above-mentioned Customer data until the Service Provider is liquidated.
- 4.9. Processing of the Customer's personal data by the Service Provider is carried out for the purposes of the Website operation, and their processing by the Website itself cannot cause any negative consequences for the Customer. In this case, the Service Provider is not responsible for the use of the Customer's personal data by other persons.
- 4.10. The Customer undertakes not to place personal data of other persons on the Website, as well as not to use personal data of other Customers or Users in any way that does not meet the requirements of legislation, for illegal or unlawful purposes, for profit and any other purposes that do not meet the purposes of the Website.
- 4.11. The Service Provider has the right to keep an archive copy and without prejudice to other provisions of the Agreement without the Customer's consent to transfer the Customer's data:
- — to state bodies, including bodies of inquiry and investigation, and local self-government bodies at their motivated request;
- — on the basis of a judicial act;
- — to third parties upon their reasoned written request in case of violation or alleged violation of their rights.
- 5. Order of rendering the Services
- 5.1. In order to use the Services provided by the Service Provider under the Agreement via the Website, the Customer must pass the mandatory procedure of registration on the Website.
- 5.2. Upon completion of registration the Customer becomes the owner of the Customer's Account information, which means that he is responsible for the security of Account information, as well as for everything that will be done on the Website under the Customer's Account information. The Customer must immediately notify the Service Provider of any case of unauthorized access to the Website, i.e. performed by a third party without the Customer's consent and knowledge, and/or of any breach of security of the Customer's Account information. The Customer guarantees that when working with the Website he will independently terminate work under his Account information by clicking the "Exit" button at the end of each session of work with the Website. The Service Provider is not responsible for possible loss or damage of data, which may occur due to the Customer's violation of the provisions of this paragraph of the Agreement.
- 5.3. To start working with the Website, the Customer shall provide his Account information (enter login and password on the login page).
- 5.4. To start using the Paid Services provided through the Website, the Customer must activate the Paid Services. To do this, the Customer selects the required Paid Services in the Customer Profile or on the page, where the information about the Paid service with the possibility of its purchase is presented, and the Website software automatically calculates their total cost. If the amount on the Customer's Personal account on the Website is more or equal to the total cost of the selected Paid Services, the Customer has an opportunity to Activate Paid Services. If the amount on the Customer's Personal account on the Website is less than the total cost of the selected Paid Services, the Customer can choose other Paid Services or deposit the necessary amount to the Customer's Personal account on the Website.
- 5.5. A Paid Service shall be considered to be properly rendered by the Service Provider and accepted by the Customer if within 3 (three) days from the expiry date of the Paid Service, if the service assumes duration, or within 1 (one) day from the moment when the Paid Service assumes any event that does not last in time (from the moment of Service Activation) if the Customer has not declared to the Service Provider that the Activated Paid Service was not provided and/or the Activated Paid Service was improperly provided.
- 5.6. In case of receiving a claim to the Service Provider, specified in clause 5.5 of the Agreement, made in accordance with the terms of the Agreement and sent to the Service Provider in time, the Service Provider is obliged to check the stated fact of non-providing or improper providing of a Paid service and to send his consent or reasoned disagreement with this claim to the Customer. If the Service Provider agrees with the claim of the Customer about non-providing of a Paid service or its part or improper providing of a Paid service or its part, the Service Provider is obliged to provide the Paid service or its part repeatedly, in the amount corresponding to the not provided or improperly provided Service.
- 5.7. Upon request of the Customer, the Service Provider shall provide the Customer with invoices, formal notes, and other mandatory accounting documents certifying and confirming providing of Paid Services to the Customer under the Agreement. The requirement to provide the specified documents shall contain all the information about the Customer required to draw up the specified documents in accordance with the legislation. In case of incomplete or unreliable data provided by the Customer in the request, the Service Provider has the right not to send the specified documents until the Customer provides corrected data.
- 6. Cost and payment procedure
- 6.1. The Customer has the right to deposit any amount of money at his discretion in order to replenish the balance in the Personal account for the following Activation of the Paid Services. The cost of the Paid Services, which can be provided under the Agreement by the Service Provider, is indicated on the Website on the promo page of the particular Paid service.
- 6.2. Payment for the Service Provider's Paid Services under the Agreement is made by non-cash transfer of funds in the form of 100% prepayment and is deducted from the Customer's Personal account on the Website.
- 6.3. Crediting of funds by the Customer to the Customer's Personal Account shall be made by any of the methods offered on the Website, including, but not limited to, card payment.
- 6.4. The Customer has no right to make payments under the Agreement to the Service Provider from the accounts of third parties without written notification of the Service Provider, followed by written consent of the Service Provider.
- 7. Intellectual Property
- 7.1. Intellectual Property of the Service Provider
- 7.1.1. The design and program code of the Website, information, graphic, audio, video, photo, and other content of the Website placed by the Service Provider on the Website (both visible to the User and not visible without performing special actions, both legal and not), are the intellectual property of the Service Provider or other right-holders who have concluded an agreement with the Service Provider that gives the Service Provider the right to place these intellectual property objects on the Website or within it, and are protected according to the current legislation.
- 7.1.2. “MyWed” is a registered trademark. No intellectual property objects, as well as the transfer of rights to them, are the subject of the Agreement.
- 7.2. Intellectual Property of the Customer and third parties
- 7.2.1. The Customer shall be solely responsible for the use of intellectual property rights contained in the materials posted by the Customer on the Website, as well as in the materials transmitted by the Customer through the Website, stored on the Website in the Customer's Profile or materials that otherwise become available through the Website due to actions and/or inactions of the Customer.
- 7.2.2. The Customer guarantees to settle all possible claims of copyright holders and/or authors and/or performers or other third parties to the Service Provider connected with the materials specified in clause 7.2.1 of the Agreement by himself and at the Customer’s expense. In case the third party makes a claim, and files a lawsuit against the Service Provider on the question of the Customer's illegal usage of the intellectual property on the Website, the Customer is obliged to compensate all losses the Service Provider suffers due to such violation, and the Service Provider has a right to terminate the Agreement unilaterally by removing the Customer's Profile from the Database.
- 7.2.3. Taking into account that the Website is publicly available for the Users and the Service Provider does not guarantee that the materials posted or provided by the Users on the Website are free of third party claims, in case the User or the Customer is the right holder (or his legal successor) of the intellectual property objects posted on the Website and his rights using the Website are violated in one way or another, the following scheme of a third party claims settlement applies:
- — The claim containing the information about the intellectual property object, the rights for which belong to the applicant and which is used illegally through the Website, with the documents, confirming the authority of the applicant, the data about the right holder, and the copy of the power of attorney to act on behalf of the right holder, if the person sending the claim is not the head of the company of the right holder or the right holder, is sent to the Service Provider by email to firstname.lastname@example.org. The claim also specifies the address of the website page containing the data violating the rights and contains a full description of the essence of the violation of the rights (why dissemination of the information is prohibited by the right holder);
- — the Service Provider undertakes to consider a duly executed claim within 5 business days from the date of receiving the claim and notify the complainant of the results of its consideration. The Service Provider is entitled to request additional documents, evidence, and data, confirming the legitimacy of the claim. If the claim is recognized as legitimate, the Service Provider shall take all possible measures necessary to stop the violation of the rights of the applicant.
- — at the same time, the User and/or the Customer, presenting a claim to the Service Provider, states and guarantees that in case of claims to the Service Provider from third parties (other Users and/or Customers) about violation of their rights (including consumer rights) in relation to the remote/blocked information and/or data, the applicant shall take all necessary measures to settle claims, as well as possible disputes, including court disputes, as well as compensation of the expenses the Service Provider had.
- 8. Responsibilities of the Parties
- 8.1. The Customer independently determines the list of organizational and software (for computers) means to keep its Accounting information secret and to provide authorized access to it. The Service Provider shall not be liable for losses caused to the Customer as a result of disclosure of the Customer's Account information to third parties that occurred through no fault of the Service Provider. If any person besides the Customer authorizes on the website using the Customer's Login information all actions made by this person will be considered as made by this Customer. The Customer is solely responsible for all actions performed by him on the Website, as well as for all actions performed on the Website by any other person using the Customer's Account information.
- 8.2. The Service Provider provides the Customer with a practical possibility to change the password himself using the available software on the Website without prior notification of the Service Provider.
- 8.3. The Service Provider does not guarantee that the software of the Website is free of errors and/or computer viruses or foreign code fragments. The Service Provider allows the Customer to use the software of the Website "as it is" without any guarantees from the Service Provider.
- 8.4. The Service Provider is not responsible for losses caused to the Customer as a result of the Customer's reporting of false information, as well as caused by the actions (inactions) of another Customer. The Service Provider does not guarantee that the information contained in the Customer Profiles is true and complete.
- 8.5. In case of early termination of the Agreement on the Customer's initiative, the Service Provider shall return to the Customer monetary funds paid by the Customer to the Service Provider under the Agreement, after deduction of the cost of actually provided Services.
- 8.6. The Parties shall be liable for the violation of other obligations under the Agreement in accordance with the current legislation. The Service Provider's liability to the Customer in case of a claim of indemnity is limited to the amount of the cost of Paid Services paid by the Customer.
- 8.7. The Service Provider makes all possible efforts to ensure normal functioning of the Website, but is not responsible for non-performance or improper performance of obligations under the Agreement, as well as possible losses arising due to the following, including, but not limited to:
- 8.7.1. Unlawful actions of Users and/or Customers aimed at violating information security or normal functioning of the Website;
- 8.7.2. Disruptions in Website operation caused by code errors, computer viruses, and other extraneous code fragments in the Website software;
- 8.7.3. Lack (unable to establish, termination, etc.) of the Internet connection between the Customer's server and the Website server;
- 8.7.4. Conducting intelligence activities by state and municipal authorities and other organizations of activities within the framework of the System;
- 8.7.5. Establishment of state regulation (or regulation by other organizations) of business activities of commercial organizations on the Internet and/or establishment of one-time restrictions by these entities, making it difficult or impossible to perform the Agreement;
- 8.7.6. Other cases of actions (omissions) of Users and/or other subjects aimed at worsening the overall situation with the use of the Internet and/or computer equipment that existed at the time of the Agreement, as well as any other actions aimed at the Website and at third parties;
- 8.7.7. Performance of works specified in clause 8.8 of the Agreement.
- 8.8. The Service Provider has the right to perform maintenance works in the software and hardware complex of the Website with temporary suspension of the Website operation and minimizing the time of inoperability of the Website.
- 8.9. Neither Party shall be liable for the total or partial failure to perform any of its obligations if the failure is due to circumstances such as flooding, fire, earthquake, other natural disasters, war or warfare, and other force majeure circumstances that occurred after the conclusion of the Agreement and are beyond the control of the Parties.
- 9. Dispute Resolution and Claims Settlement Procedure
- 9.1. In case of disputes between the Customer and the Service Provider on issues related to the execution of the Agreement, the Parties will take all measures to resolve them through negotiations. The claim procedure of dispute resolution is mandatory.
- 9.2. To resolve disputes arising between the Customer and the Service Provider as a result of the use of the Services, the following claim procedure shall apply:
- — the Customer, believing that his rights are violated due to the actions of the Service Provider, sends to the latter by email to email@example.com a claim containing the essence of the claim, the justification of its presentation, as well as all the Customer's information.
- — within 5 business days from the date of receipt of the claim, the Service Provider shall state its position on the principal issues specified in it and send a response to the email address specified in the claim by the Customer;
- — the Service Provider does not consider anonymous claims or claims that do not allow to identify the Customer on the basis of the data provided by him during registration, or claims that do not contain the data specified in this paragraph of this Agreement.
- 9.3. To solve technical issues in determining the fault of the Customer as a result of his unlawful actions when using the Internet and the site, in particular, the Service Provider shall have the right to independently involve competent organizations as experts.
- 10. Entry into force of the Agreement
- 10.1. The Agreement comes into force from the moment of acceptance of this offer by the Customer. The Customer's registration on the Website is considered to be unconditional acceptance of the terms of the Agreement. Unconditional acceptance of all conditions of providing Paid Services is also considered to be the Customer's payment for Paid Services.
- 10.2. The Agreement is concluded for an indefinite term and may be terminated by any of the Parties at any time. For this purpose, the Service Provider shall place a notification about the Agreement termination on the Website and/or send a corresponding notification to the Customer's Profile, from the moment of such placement/sending of such notification the Agreement is considered to be terminated. The Customer may terminate the Agreement by deleting his Profile.
- 10.3. This Agreement shall apply to Customers who have registered before the date of publication of this Agreement on the Website.
- 10.4. The Customer is obliged to read the terms of the Agreement independently. If the Customer does not agree with the terms of this Agreement, he must immediately delete his Profile. Otherwise, the Customer's continued use of the Website means that the Customer agrees with the terms of the Agreement.
- 11. Other conditions
- 11.1. Some Paid Services provided by the Service Provider can be regulated by separate agreements (contracts) concluded between the Service Provider and the Customer and posted on the Website. In case of discrepancy between the text of this Agreement and the agreement (contract) for a separate Paid service, the provisions of the agreement (contract) concluded between the Service Provider and the Customer for a specific Paid service shall prevail in determining the legal relationship between the Service Provider and the Customer when purchasing a Paid service regulated by a separate agreement (contract).
- 11.2. If any provision of the Agreement is invalid by operation of law, it will be considered deleted from the Agreement and the remaining provisions of the Agreement will remain in force.
As used herein, each term defined in the Agreement shall have the meaning assigned thereto in the Agreement unless expressly provided herein to the contrary:
Website means a collection of web pages (documents that are accessed through the Internet); Website means the Service Provider’s website at mywed.com on the Internet.
User means a user of the Internet network and the Website in particular.
Customer means a User who completed a registration on the Website.
Registration process means the process of a user filling out the registration form on the Website with the subsequent assignment of the Account information.
Account information means a User’s unique name (login) and password to access the Website, which the User provides during registration on the Website.
Customer Profile means a collection of secured web pages on the Website, which was created during the Customer’s registration. The Customer selects and orders Services, deposits funds to the Personal Account and transfers funds in payment for Paid Services, records funds, payment history, and uses the Free Services. The Customer gets access to the Profile by entering the Customer's account information.
Personal Account means a management system for settlement transactions between the Parties, located in the Customer's Profile.
Profile Page means the User's personal page on the Website, which is available to all the Users of the Website.
Services mean Paid and Free services provided and maintained by the Service Provider to the Customer via the Website on the terms of the Agreement.
Paid Services mean paid services provided by the Service Provider to the Customer via the Website on the terms of the Agreement.
Free Services means services and opportunities provided by the Service Provider to the Customer via the Website on the terms of the Agreement that do not require payment from the Customer. All services that are not explicitly named as paid services on the Website are provided free of charge and are recognized as Free Services.
Activation of a Paid Service means debiting the cost of the Services selected by the Customer from the Customer's Personal account on the Website and subsequent provision of these Paid Services to the Customer.
Moderation means reviewing the text information and photos which the Customer placed (or planning to place – Premoderation) on the Website by the Service Provider for their compliance with the Agreement provisions and Website rules. If the content does not comply with them – the Service Provider is entitled to remove the content from the Website without notice to the Customer. Moderation is not an obligation of the Service Provider if it is explicitly stated.