Last Revised November 19, 2010
1. WeddingTips is a Neutral Venue. WeddingTips is an innovative community and marketplace for the wedding industry. WeddingTips is not a wedding product or service provider, wedding vendor or an agent representative. WeddingTips members ("Members") include prospective brides and grooms, newlyweds and their Wedding guests (collectively, Wedding Members") and companies and other third parties offering products and services related to Weddings ("Vendor Members"). We and the Site function solely as a neutral venue and digital clearinghouse where Wedding Members and Vendor Members may connect for a particular type of service or product. We are not involved in or a party to the actual transaction between Members. As a result, We have no control over the quality, accuracy, safety, or legality of the transactions that take place on our Website, the accuracy of listings, or the ability of Wedding Vendors to provide items or services and we are not responsible for the actions or inactions of Wedding Members or Vendor Members.
Wedding Members: You acknowledge the following: WeddingTips does not provide any of the products or services advertised or offered by Vendor Members. We do not endorse any Vendor Member, nor do We guarantee the quality of their goods or services. Any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to products and services offered through the WeddingTips venue are not provided by us and are specifically and solely between you and the Vendor Member. Any transaction you enter into with a Vendor Member is strictly between you and the Vendor Member, and WeddingTips is not a party to that transaction. Any dispute you have with a Vendor Member is between you and the Vendor Member, and We will not be a party to that dispute, except regarding your use of the Site, as discussed in Section 32.
We use techniques to help verify the identity of Wedding Vendors when they register for memberships on our Site; however, WeddingTips cannot and will not guarantee each service provider's identity; nor can we guarantee their capabilities. We have implemented a user-managed feedback system to help you evaluate Vendor Members with whom you are considering transacting business. In addition, We cannot guarantee that information provided by or about Vendor Members on the Site is accurate. You should use WeddingTips as a starting point for identifying vendors to provide the products and services you need for your wedding, then conduct your own research to ensure that vendors you choose to do business with are appropriate for you. You acknowledge that participation in certain programs, such as the SmartMatch™ program, when and if available, may under certain circumstances result in Vendor Members receiving contact information for you in accordance with the terms and conditions governing these programs.
Vendor Members: You acknowledge the following: WeddingTips will not endorse you or your products or services. We are in no way responsible for assisting you in reaching an agreement with Wedding Members; nor are We responsible for assisting you in providing goods and services to Wedding Members. While all Wedding Members are required to give us accurate information about themselves, We cannot and will not verify this information or guarantee the ability of Wedding Members to complete payment for any of the products or services you provide. Any transaction you enter into with a Wedding Member is strictly between you and the Wedding Member, and WeddingTips is not a party to that transaction. Any dispute you have with a Wedding Member is between you and the Wedding Member, and We will not be a party to that dispute.
2. Membership. Membership to WeddingTips is available only to entities and individuals at least 18 years of age who can form legally binding contracts under applicable law. Our services are not available to minors or to temporarily or indefinitely suspended Members. Membership in WeddingTips is void where prohibited. Your WeddingTips membership may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. If you are registering as an individual, you represent and warrant that you are at least 18 years of age and are able to enter into a legally binding contract. Members who engage in the sale of goods and services must have a valid business operations license, as applicable. By joining WeddingTips, you agree to (i) provide us with accurate, complete information about yourself and to update this information as needed; (ii) abide by all of the terms and conditions of this Agreement, the Wedding Tips Vow Of Conduct (http://weddingtips.com/vowofconduct) and the WeddingTips Community Guidelines (http://weddingtips.com/communityguidelines) (iii) safeguard your username and password; and (iv) be responsible for all activity of your membership account. In addition, in the event you contact WeddingTips via telephone, you understand, acknowledge and agree that such phone conversations may be recorded.
3. Prohibited Activities. Visitors to and Members of the Site may not:
- Create an account in another's name
- Create more than one account
- Use another's account
- Impersonate another person or entity
- Use the Site to break the law or applicable regulations, encourage others to do so, or offer instructions on how to do so
- Offer to provide products or services that violate any applicable law, statute, ordinance or regulation (collectively "Laws"), or offer any products or services in a manner that violates any Laws
- Collect or harvest information about Site Members, including but not limited to use of robots, spiders, or similar means
- Use information on the Site to send unsolicited email to Members
- Do anything that interferes with or places an undue burden on the Site (as determined by WeddingTips in our sole discretion)
- Use the Site if your membership has been temporarily or permanently suspended or revoked
- Violate any terms of this Agreement
4. Additional Terms and Conditions. You acknowledge and agree that We have the sole discretion to set forth and post additional terms and conditions for your use of the Website at various places throughout the Site. You agree that those additional terms and conditions shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, you expressly agree that if there is any conflict between those additional terms and conditions and the Terms set forth herein, the Terms set forth herein shall govern.
5. Fees. There are currently NO Fees to join WeddingTips for Wedding Members or Vendor Members. Optional fee-based services are available but participation is NOT mandatory. See below for details.
Wedding Members: There are currently NO Fee-based services available. It's ALL FREE. On occasion, Members may be asked to submit a credit card for authentication purposes. This is simply to ensure authentication; you will NOT be billed. WeddingTips reserves the right to release future fee-based functionality/services, which may include services provided by third parties. However, your credit card will not be charged unless and until you agree to use that fee-based service and/or to incur a charge with WeddingTips.
Wedding Vendors: Vendor Members with valid Vendor Accounts may opt into the following optional fee-based services:
- Storefront Listing Enhancement (Featured or Enhanced Listings): Vendors who participate in this optional fee-based service will pay an annual fee as described by the most current WeddingTips Rate-Card.
- Banner Advertisement: WeddingTips banner advertisement may be purchased at the then-current rate as outlined in the WeddingTips Rate-Card.
- WeddingTips Lead Gen Program.
WeddingTips Lead Gen. As a WeddingTips Vendor Member, you may receive WeddingTips system leads ("WeddingTips Leads") from brides or potential clients inquiring about your products and/or services. You will have the option to enable or disable receiving WeddingTips Leads through your account settings. There are two types of WeddingTips Leads; (i) a DirectMatch™ Lead is a potential client contacting your business directly and (ii) SmartMatch™ Lead is a potential client matched to your business based on the WeddingTips's proprietary SmartMatch™ algorithm. Premium upgraded Vendors receive DirectMatch™ Leads and SmartMatch™ Leads for free. Basic registered vendors receive DirectMatch™ Leads for free and are charged for SmartMatch™ Leads. There is NO REQUIREMENT for you to purchase a WeddingTips Lead. You will not be charged for any WeddingTips Leads that are sent to you unless you decide to purchase the lead.
WeddingTips Credits. WeddingTips Credits are used to purchase leads. One (1) WeddingTips Credit is equivalent to $1 US Dollar. WeddingTips Credits can be earned through various WeddingTips promotions or activities. A credit balance for WeddingTips Credit in Your Account expires 180 days after the last chargeable use of that WeddingTips Credit. Credit balances that are not used within this 180 day period will be lost. If Your WeddingTips Membership is terminated for any reason, all Credits will terminate immediately.
WeddingTips Lead Rates. The most updated pricing for a WeddingTips Lead (DirectMatch™ and SmartMatch™) will be clearly specified before you purchase the WeddingTips Lead. WeddingTips reserves the right to modify the WeddingTips Lead rates at any time.
Restrictions WeddingTips Credits are NOT refundable and thus cannot be redeemed for cash or cash equivalent values. WeddingTips Credits cannot be used to purchase non-WeddingTips Lead products. Certain WeddingTips Products may have to be paid separately and WeddingTips Credits cannot be used.
Charged in error. In the event you believe that WeddingTips has charged you in error, you must contact WeddingTips Member Services at firstname.lastname@example.org within 90 days after such charge. No refunds will be given for any charges which are more than 90 days old.
6. Authorization to Credit and Debit Accounts. If Applicable, based on the various optional fee-based programs, You irrevocably and expressly authorize WeddingTips to debit or credit, as applicable, any monies to the account that you have identified for WeddingTips. You agree that it is your responsibility to maintain a valid, non-expired credit card on file with us while engaging in fee-based activities on our Site. You agree that if you do not maintain a valid, non-expired card on file with us during any billing attempt, you may be subject to interest and penalties as enumerated below. You irrevocably and expressly authorize WeddingTips to withhold any monies and/or debit any monies from any account that you have identified to WeddingTips for any charge backs, fees, costs, deductions, adjustments and any other amounts owed to WeddingTips. We reserve our rights to all actions and remedies in connection with any monies owed to WeddingTips. You will indemnify, defend and hold us harmless for any claims, demands or causes of actions that We take toward any identified account pursuant to this Section.
7. Unpaid Fees. If, for any reason, any fees you owe WeddingTips have not been received or in any manner realized by WeddingTips ("Unpaid Fees"), you agree to pay such Unpaid Fees immediately. In addition, WeddingTips may charge interest, in the amount of 2.0% per month (or the maximum amount allowed by law), on any unpaid account balance that you maintain. Any partial payments made by Members will first be applied to the most recent fees owed to WeddingTips, including interest. WeddingTips reserves the right to waive or change our fees, penalties, or interest at any time. You also agree to pay any attorney fees, and other costs of collection incurred by us with respect to any Unpaid Fees. You also consent and authorize us, in our sole discretion, to make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
8. Protection of Intellectual Property Content. The WeddingTips Site contains or uses copyrighted material, inventions, know how, potentially patentable business method material, design logos, phrases, names, logos, HTML code and/or other computer code and/or scripts (collectively, "Intellectual Property Content"), all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property, and We retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of this Site, including but not limited to its color combinations, sounds, layouts and designs. You agree and acknowledge that your use of this Site does not confer upon you any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, including but not limited to Submitted Information (as defined below) contributed by you or any other Member, or use our Intellectual Property Content in any other way for public or commercial purposes. All other trademarks, service marks and copyrights are held by their rightful owners. You may not frame or link to the Site without our prior written permission.
The Site contains trademarks, trade names, trade dress, service marks, domain names or other indicia of ownership (collectively the "Marks") owned or licensed for use by us, including but not limited to WEDDINGTIPS and the WeddingTips logo. Unless otherwise agreed to in writing, you agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance or non-performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks or any similar marks in any manner that would diminish their value or harm their reputation. You shall not use or register any domain name, trademark or service mark that is identical to or similar to any of the Marks.
9. DMCA Notice. It is WeddingTips's policy to promptly respond to claims of copyright infringement. If you believe that an infringing copyrighted work is accessible on this Site, you may notify our registered copyright agent by sending the following information to the address listed below:
a. The signature of a person authorized to act on behalf of the owner of the copyright. This signature can be physical or electronic.
b. A statement that this person is authorized to act on behalf of the copyright owner.
c. A statement that this person has a good faith belief that the use of the material in the complained-of manner is not authorized either by the copyright owner, by the owner's agent, or by law;
d. A description of the copyrighted work that you claim has been infringed, and a description of where the allegedly infringing material is located on the Site; and
e. Your address, telephone number, and e-mail address.
Please put "Notice of Infringement" in the subject line of all such notifications, and send the notification to: email@example.com or mail to:
Attn: Legal Department
131 Sunset Ave Suite E134
Suisun City CA 94585
We will process and investigate all notices of alleged infringement as required by the DMCA, and will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. When we remove or disable access to any material claimed to be infringing, we may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification. If the user posting the material gives a counter-notification claiming that the use is authorized, we will furnish that counter-notification to the complaining party, and will give the complaining party an opportunity to seek judicial relief under the DMCA before we replace or restore access to any material.
10. Disputes Among Members; Release. You are solely responsible for your interactions with other WeddingTips Members, and We are not party to any such disputes. We reserve the right, but have no obligation, to monitor disputes between you and other Members. You agree to release WeddingTips, its officers, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any disputes between you and any other WeddingTips Members. If you are a California resident, you waive California Civil Code ï¿½1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
12. Information You Submit. The Site offers the opportunity for Members to share information with other Members through message boards as part of the WeddingTips Community (the "Community"), Vendor Member advertisements and listings, and other means (any information submitted to the Site through any of these means, "Submitted Information"). By using these functions, you agree to abide by the terms of this Agreement and the Community Guidelines (http://weddingtips.com/CommunityGuidelines) WeddingTips reserves to itself the right but does not have the obligation to monitor posts made to the Community and other Submitted Information. Members are solely responsible for the content of their Submitted Information.
Our Site acts as a passive conduit for any and all communication and/or distribution of information, and We do not control the Submitted Information of WeddingTips Members. We cannot and will not evaluate and We are not responsible for the accuracy, reliability, completeness, veracity or suitability of any Submitted Information or for verifying the identity of the submitting Member. Like any information you obtain through the Internet, you should verify Submitted Information before acting upon it. WeddingTips is not responsible for any losses you may incur as a result of relying on Submitted Information, even if We were advised of the possibility of such losses.
By posting Submitted Information to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to WeddingTips an irrevocable, perpetual, non-exclusive, transferable, fully-paid-up, royalty-free, worldwide license (with the right to sublicense at multiple levels) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submitted Information for any purpose and in any format on or in connection with the Site, the WeddingTips business, or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submitted Information, and to grant and authorize sublicenses of the foregoing. You may remove your Submitted Information from the Site at any time; however you acknowledge that WeddingTips may retain archived copies of your Submitted Information and may continue to use your Submitted Information in connection with any materials that were created prior to your removal of your Submitted Information, in accordance with the license described above.
Furthermore, by posting Submitted Information, you expressly represent and warrant the following: (i) you are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on the Site; or (ii) you are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information.
You agree that your Submitted Information:
- Will not contain your personal information
- Will not contain another person's personal information or otherwise invade another's privacy
- Will not violate or possibly cause us to violate any applicable law, statute, ordinance or regulation
- Will not violate the terms of this Agreement
- Will not infringe any third party's intellectual property rights including but not limited to copyright, patent or trademark rights
- Will not contain obscene, lewd, or suggestive content and or pornography
- Will not be libelous, threatening, harassing, racist, or defamatory. This specifically includes making legal claims of any sort about WeddingTips employees, agents, other members, or the Site
- Will not contain the proprietary information of another person or entity
- Will not contain any computer hardware or software, viruses, Trojan horses, worms, spyware, or any other computer programming that may interfere with the operation of our Site or our systems and or create or impose a large burden or load on our Site or systems
- Will not scan or test the vulnerability or security of our Site or the system within which it operates
- Will not be used for commercial or public purposes outside of the requirements of this Agreement
- Will not create liability for WeddingTips in any manner whatsoever
- Will not involve the upload, or insertion of, any programming language or code into or onto, our Site
You further agree not to impersonate another Member or attempt to disguise or conceal the author of any Submitted Information. We reserve the absolute right, but do not have the obligation, to remove or restrict any Submitted Information for any reason or no reason at all, including but not limited to Submitted Information you post to the Site that is in violation of this Agreement or is otherwise inappropriate, as determined in WeddingTips's sole discretion. In addition, we reserve the right to terminate Members who violate these rules.
You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for and will indemnify us from, all damages incurred as a result of any of your Submitted Information.
13. Rating and Review Disputes. If you undermine the integrity of our Rating and Review system in any way, your membership may be suspended or terminated. You acknowledge that your Rating and Review consists of comments left by other WeddingTips members and a composite feedback number compiled by WeddingTips. Members may only leave one feedback, whether positive, neutral, or negative, for any other Member, regardless of the number of transactions the relevant Members complete with each other. Wedding Members may not attempt to gain additional goods or services or a more favorable rate by offering Vendor Members a positive review or threatening a negative review.
In order to protect the integrity of the Rating and Review system and protect Vendor Members from abuse, WeddingTips will consider removing a Rating and Review under the following scenarios:
- Feedback or information posted by a Member who has never contracted business with the WeddingTips Vendor Member
- The Member who left feedback provided WeddingTips with false contact information during the transaction period (as determined by WeddingTips) and cannot be contacted by WeddingTips
- Feedback or information posted seeks to elicit or solicit any Member's contact information, such as other Member email addresses, for any non-WeddingTips related commercial or business purposes, or to transmit any unsolicited advertising, "junk mail," "spam," or "chain letters"
- Feedback or information posted contains language that is profane, vulgar, racist or contains adult material
- Feedback or information posted is shown to have been left by any Member who is in violation of this Agreement, or by or for a Member who has conducted any fraudulent transaction
- Feedback or information posted makes any reference to actions taken or purported to be taken by WeddingTips or any law enforcement organization
- If WeddingTips is provided with a ruling or settlement agreement from a valid and certified dispute resolution service, or is provided with a court order finding that the disputed feedback is slanderous, libelous, defamatory or otherwise illegal
- The Member who left feedback is participating in a WeddingTips transaction with the intent of leaving feedback as part of a campaign to harass WeddingTips member(s) (as determined by WeddingTips)
14. Filing a Ratings and Review Dispute. Members can contact firstname.lastname@example.org to file a dispute request. In addition, Members in receipt of a rating and review will have the opportunity to respond to the rating publicly within the WeddingTips market place.
15. Fraud. WeddingTips may suspend or terminate your account if We suspect that you have engaged in fraudulent activity in connection with our Site, as determined in our sole discretion. Fraudulent acts include, but are not limited to, the manipulation of the Rating and Review System.
16. Manipulating Ratings and Reviews - You acknowledge and agree that the Site is a neutral venue and that all transactions for services are made by and between you and other Members only and, therefore, We cannot, do not and will not make any comments on behalf of you or your services. As a consequence, you acknowledge that the key component and integrity of the Site is the ability of Members to leave Rating and Review about you and/or your services (whether positive, neutral or negative) AND for other Members to read and evaluate those feedback reviews and make voluntary choices based upon that feedback. Therefore, in order to preserve the key component and integrity of the Site, you shall NOT:
- Attempt to restrict in any way a Member's right to post a review, by contract or otherwise;
- Offer a Member a bribe in any form in exchange for a more favorable review;
- Post and/or cut and paste and/or copy the content of a Member feedback review from the Site to your own personal or business site, to any other third party Web site and/or to or on any of your own personal, business or third-party marketing/advertising materials, regardless of the form;
- Attempt to gain feedback by receiving multiple feedback from the same member;
- Post or attempt to post, in any manner or by any means, a feedback review on your own account; or
- Misrepresent or impersonate another Member.
17. Tools; Changes to Site. The Site offers several tools to help make your wedding planning easier (collectively, "Tools"), some of which are provided by third parties. WeddingTips is not responsible for the availability, suitability or effectiveness of any of these Tools, whether provided by a third party or not. In addition, We are not responsible for any data you lose as a result of a malfunction of the Tools or the Site or for any other reason or any consequential damages resulting from such data loss. You should ALWAYS keep a back-up copy of all such information on your computer and in hard copy. WeddingTips reserves to right to modify or discontinue any Tools or other services provided on the Site at any time without warning.
19. No Agency. You hereby agree and acknowledge that your provision of services and/or your use of the Site, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us. In no event shall you have authority to bind, commit, contract for, or otherwise obligate WeddingTips in any manner whatsoever.
20. Right to Reject or Remove Members. We reserve the absolute right to reject your participation, or remove you from your current participation, in the WeddingTips Site at any time and for any reason or for no reason and without notice to you. Actions that may result in the rejection or removal of your participation can include, but are not limited to: any violation of the Terms of this Agreement; your creation, maintenance and/or management of more than one account; your non-payment in full any Unpaid Fees; any attempt by you to improperly influence, or cause another to improperly influence the feedback of Members; or any attempt by you to harass, or cause another to harass, or have inappropriate communications with a Member.
21. Petition for Reinstatement. Upon your removal from the Site, you may petition for reinstatement. Your petition for reinstatement must include the following: (i) a written statement as to why you should be reinstated and (ii) your contact information. Your Petition will be reviewed at our discretion and any determination as to your reinstatement will be based on our sole judgment. Your submission of a petition does not, in any manner, guarantee, that you will be reinstated and We specifically disclaim any and all representations with respect to such guarantee. We will contact you as to our decision to reinstate you. We are not obligated to give you any reason or basis as to our decision. You understand that any decision as to reinstatement may be a simple, yes or no. All decisions are final.
22. Confidentiality/Non-Disclosure. As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, We may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, pro