Terms and Conditions
The Rules Governing Use of and Submissions to Trou SA
Revisions to the following terms and conditions may occur periodically and are applicable only after the latest revision date. Trou SA PTY LTD reserves the right to update these revisions without notice and to remove, change or update any and all content of this site at will.
When using the Trou SA website member understands and agrees to the following:
Trou SA PTY LTD agrees to provide to member (“Member”) the services specified and during the dates outlined in these Terms and Conditions (“Agreement”).
Trou SA PTY LTD is responsible for approving all final copy of editorial content and listings, including photographs, which is subject to approval by Member. Trou SA PTY LTD may request information from Member to substantiate copy Trou SA PTY LTD reserves the right, in its sole discretion, to reject or alter any such material or copy and is under no obligation to publish or post any or all material that is submitted.
Complaints & Termination
Should the Member for any reason request a cancellation of their membership, removal of their listing will take place within 7 days of written notice. No refunds or credits will be provided. Trou SA PTY LTD may terminate this Agreement at any time for Members breach of this Agreement or failure to cooperate as necessary to accomplish the purposes of this Agreement. Trou SA PTY LTD may terminate this Agreement at any time for any other reason and shall refund a pro rata portion of the fees and costs prepaid by Advertiser. Such refund shall be made within thirty (30) days from notice of termination from Trou SA PTY LTD.
Member hereby grants Trou SA PTY LTD a non-exclusive, worldwide, license to use, copy, distribute, display, modify and to make derivatives, in any media, of any information, materials and copy submitted to Trou SA PTY LTD. Member represents and warrants that Member owns or has otherwise licensed the rights granted under this paragraph to all information, materials and copy (including, but not limited to, images/photographs) submitted to Trou SA PTY LTD (collectively the “Member Materials”. Member shall indemnify, defend and hold Trou SA PTY LTD harmless from and against any and all claims, costs (including attorney’s fees) and damages arising out of Trou SA PTY LTD’s use of the Member Materials.
Trou SA PTY LTD Weddings Copyright
Any and all copy, layouts and other materials created or produced by Trou SA PTY LTD, and all rights therein, will remain the sole property Trou SA PTY LTD. The Member will accrue no rights in any such copy and materials and is prohibited from any use of copy or other materials without prior written consent from Trou SA PTY LTD. The parties do not intend any copy or materials created under this Agreement to be a joint work. Any use by Member of Trou SA PTY LTD materials will be subject to Trou SA PTY LTD prior written consent.
Limitation of Liability and Remedies
In no event shall Trou SA PTY LTD be liable for failing to prepare and provide draft copy to Member by the date agreed, or failing to post promotions by the agreed date. If such failure occurs without fault of the Member, Member’s sole and exclusive remedy is the refund a pro-rata portion of any fees prepaid for the membership, based on the number of days the promotion failed to run as agreed. In no event shall Trou SA PTY LTD be liable for any errors in any promotion it posts or circulates. Member’s sole and exclusive remedy for errors is a written request for correction of the error by Trou SA PTY LTD.
Notwithstanding any other provision of this agreement, Trou SA PTY LTD shall not be liable for any consequential, special, incidental, punitive, or indirect damages, or lost or imputed profits or royalties, however caused and on any theory of liability, and regardless of whether Trou SA PTY LTD has been advised of the possibility of any such loss or damage and notwithstanding the failure of essential purpose of any remedy. The liability of Trou SA PTY LTD for any damages or loss arising from or related to this agreement shall not exceed, in the aggregate, the amounts paid by member under this agreement in the one (1) year prior to the date the claim arises and notwithstanding the failure of essential purpose of any remedy.
Member shall indemnify, defend and hold Trou SA PTY LTD harmless, including its employees, shareholders, members, officers, agents and directors, from and against any and all loses, claims, liabilities, damages, attorneys fees, costs and expenses arising out of, related to, or otherwise incurred as a result of, any actual or threatened claim, action, investigation, proceeding or suit alleging that the licensing, copying, use, reproduction, modification or distribution of any information, copy or materials provided by Member (including Member Materials) including, but not limited to claims that the foregoing constitutes an infringement, dilution or unauthorized use of any intellectual property right, right of privacy, right of publicity or any other proprietary or contract right of any third party.
Disclaimer of Warranties
Trou SA PTY LTD makes no representations or guaranties that any promotions or advertisements will result in additional customers or revenue to the Member. Except as otherwise specifically provided in this Agreement, Trou SA PTY LTD disclaims all warranties, both express and implied, including without limitation any implied warranties of title, merchantability, fitness for a particular purpose, or noninfringement.