The website www.cloverandbee.com (the “Site”) is owned and operated by Clover & Bee Weddings, LLC (“Clover & Bee”). Clover & Bee has developed the Site to inform, educate and entertain you (the “User”) regarding wedding facilities and services available in the Midwest. Clover & Bee encourages the User to explore the Site and post the User’s own material subject to the terms and conditions set forth below (the “Agreement”). If the User does not agree to the terms and conditions of this Agreement, the User should immediately cease all usage of the Site.
1. Modification
1.1 Right to Modify. Clover & Bee reserves the right to modify the terms and conditions of this Agreement, at any time, and without prior notice.
1.2 Modifications Effective. Any modifications shall become effective immediately upon being posted on the Site. It is the User’s responsibility to regularly check the Site to determine if there have been changes to the Agreement.
1.3 Continued Use. The User’s continued use of the Site after modifications have been posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.
2. Compliance with Laws
2.1 Knowledge of Laws. The User is responsible for knowledge of all applicable laws and regulation.
2.2 Compliance with Laws. The User agrees to abide by all applicable laws and regulations regarding use of the Site. The User will not use the Site in any way that violates any applicable local, state, federal or international law or regulation.
2.3 Transmitted Material. The User agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law or regulation.
3. Intellectual Property
3.1 Ownership. All content on the Site (the “Content”), except for content provided by third parties, is either owned by or licensed to Clover & Bee. Content includes, but is not limited to, pictures, videos, text, information, design and layout.
3.2 Trademarks. Clover & Bee® is a federally registered trademark of Clover & Bee and may not be used without prior written permission of Clover & Bee.
3.3 Posting. The User agrees not to post or submit any material to which the User does not own all of the rights. By posting or submitting material to Clover & Bee, the User grants a worldwide, perpetual and irrevocable royalty free license to use the material, reproduce the material and prepare derivative works based on the material for the purpose of promoting and making the material available on the Site. To the extent the User does not own all of the rights to material posted or submitted to the Site, the User agrees to indemnify and hold Clover & Bee harmless for any claims or damages, including attorney’s fees and costs, incurred by Clover & Bee with respect thereto.
3.4 Submissions. Any submissions made by the User to Clover & Bee shall become the sole property of Clover & Bee. Clover & Bee shall own all of the intellectual property rights to such submissions and may use them in whatever way Clover & Bee deems appropriate without attribution or compensation to the User.
3.5 Infringing Material. If any copyright holder believes that any content on the Site infringes the holder’s copyrights, please provide Clover & Bee’s copyright agent with information as required by 15 U.S.C. § 512(c). Clover and Bee’s copyright agent can be reached at: Shane R. Thielen Esq., Baylor, Evnen, Curtiss, Grimit & Witt, LLP, 1248 O Street, Lincoln, Nebraska 68508; sthielen@baylorevnen.com
4. Permitted Uses
4.1 License to Use. The User is hereby granted a limited license to view the site and post the users own material.
5. Prohibited Uses
5.1 Use of Content. Content may not be modified, reproduced or used in any manner without the express written permission of Clover & Bee.
5.2 Commercial Use. The User may not post any advertisements, solicitations or other commercial material of any kind except for reviews and impressions of service providers actually patronized by the User, and otherwise unrelated to the User. The User may not post any hyperlinks to other websites.
5.3 Objectionable Material. The User may not post any profane, offensive, harmful or otherwise objectionable material. Clover & Bee shall be the sole judge of what material is appropriate. Clover & Bee reserves the right to remove any material Clover & Bee considers inappropriate.
6. Limitations of Liability
6.1 Limitation of Liability. In no event shall Clover & Bee, its owners, agents or employees be liable to the User or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including damages for any lost profits or lost data arising from the Users use of the Site or any Content or materials on, accessed through or downloaded from the Site, even if Clover & Bee is aware or has been advised of the possibility of such damages. The User agrees that Clover & Bee’s liability to the User for any cause of action whatsoever shall be limited to fees actually paid to Clover & Bee by the User. The User acknowledges that if the User pays no fees to Clover & Bee, the User shall be limited to injunctive relief only, and shall not be entitled to damages of any kind, regardless of the cause of action.
6.2 Third Party Links. The Site may contain links to third party websites. The User expressly acknowledges that Clover & Bee is not and will not be responsible for any actions or omissions of any third party, and that Clover & Bee does not support or endorse any third party.
6.3 At User’s Own Risk. The User acknowledges that any use of the Site is at the User’s own risk. The Site is provided “as is” and Clover & Bee hereby expressly disclaims any and all warranties, express or implied. Such warranties may include, but are not limited to, warranties of accuracy, reliability, title, merchantability, non-infringement or fitness for a particular purpose. Clover & Bee will not be liable for any direct, indirect, special, consequential or punitive damages allegedly arising out of this agreement, including damages from computer viruses or other unwanted software that the User may have obtained from the Site or any third party websites reached from the Site.
7. Miscellaneous
7.1 Entire Agreement. This Agreement represents the entire agreement between the User and Clover & Bee concerning the subject matter herein described. Any previous oral or written agreements between the parties concerning that subject matter are superseded by this Agreement.
7.2 Severability. Each of the terms and provisions of this Agreement shall be separately enforceable. If any term or provision is judged unenforceable, the remainder of this Agreement shall be enforceable as written.
7.3 Governing Law. This Agreement and all transactions contemplated hereby, shall be governed by, construed and enforced in accordance with the laws of the State of Nebraska. The parties herein waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Lancaster County, State of Nebraska. In the event that litigation results from or arises out of this Agreement or the performance thereof, the parties agree to reimburse the prevailing party’s reasonable attorney’s fees, court orders, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled.
