YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
1. ACCEPTANCE OF TERMS
We reserve the right, in our sole discretion, to change, modify, add, or remove portions of these Terms at any time, and you agree to be bound by such modifications or revisions. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
Users of our Services include individuals such as prospective brides and grooms, newlyweds, wedding guests, people hosting an event, or others (the “Clients”), and companies and other third parties offering products and services related to weddings or events (the “Event Professional”) (collectively, the “Users”).
Client acknowledges that while we use techniques to help verify the identity of Event Professionals when registering for memberships or subscriptions to our Services, we cannot and will not guarantee each Event Professional’s identity, capabilities, that it has obtained all required permits, licenses or consents, or that it complies with all applicable laws. Client is encouraged to conduct research, including in-person meets and other items, to vully vet Event Professionals. Client acknowledges that we are not a product or service provider, vendor, or an agent representative for any Event Professional.
Event Professional acknowledges that we will not endorse you or your products or services. We are in no way responsible for assisting you in reaching an agreement with Clients. We are not responsible for assisting you in providing goods and services to Clients.
3. SERVICE RULES
We reserve the right to suspend any User’s access to the Services and/or cancel the contract of any User that violates these rules.
We reserve the right to suspend any User’s access to the Services who engages in offensive and detrimental behavior, including behavior that shocks, insults, or offends the community and public morals and decency, including through making sexist, racist, discriminatory or offensive comments on our properties and elsewhere or by taking actions that would tend to reflect poorly on us.
You must comply with all Federal, State, Local, and other applicable laws when you use the Services. You further agree to be bound by the following rules and guidelines:
3.1 Prohibited Conduct for Service Users. As a User of the Services, you agree not to:
Create a false account, or an account in another person’s or entity’s name, use another’s account or impersonate another person or entity;
Utilize software for the purpose of harvesting or collecting information on Users of the Service, or gain unauthorized access, hack, or otherwise gain entry to Services not intended for the User;
Intentionally taking action to overload the infrastructure connected to the Services or use the Services to promote spamming or other unsolicited communications; and
Create a User account for the sole purpose of gaining commercial or competitive information about the Services in order to compete with us.
3.1 Prohibited Conduct for Event Professionals. Event Professionals further agree not to:
Defame, harass, disparage, or otherwise discourage Clients from engaging or interacting with, or hiring other Event Professionals;
Utilizing the Services for the purposes of referring Clients to other entities or persons that are not Event Professionals.
4. INTELLECTUAL PROPERTY
Our Services may contain copyrighted material, know-how, logos, and HTML code (the “Intellectual Property”). Unless otherwise indicated, our Intellectual Property is our sole property, and we retain all rights, interests and title thereto.
You may use the Services for your own personal, non-commercial use ONLY. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Intellectual Property unless explicitly authorized in these Terms.
5. DISCLAIMERS OF WARRANTIES
SERVICES ARE FOR EDUCATIONAL, AND PROMOTIONAL PURPOSES ONLY. USE OF THE SERVICES IS AT YOUR OWN RISK.
WE ARE NOT RESPONSIBLE FOR MONITORING USER COMMUNICATIONS, AND WE ARE NOT A PARTY TO TRANSACTIONS OR INTERACTIONS THAT MAY OCCUR BETWEEN USERS, WHETHER ONLINE OR OFFLINE.
WE DO NOT REPRESENT OR WARRANT THAT ANY EVENT PROFESSIONAL IS LICENSED, QUALIFIED, INSURED OR CAPABLE OF PERFORMING ANY SERVICE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PROFESSIONAL QUALIFICATIONS OR WORK QUALITY OF ANY EVENT PROFESSIONAL.
SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT).
WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL REMAIN UNINTERRUPTED, DEFECT-FREE, FREE FROM UNAUTHORIZED ACCESS AT ALL TIMES, OR THAT THE SERVICES WILL MEET ANY SPECIFIC REQUIREMENT OR PROVIDE A PARTICULAR RESULT.
WE DO NOT GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SERVICES.
TO THE EXTENT THAT A LIMITATION, EXCLUSION, RESTRICTION OR OTHER PROVISION SET OUT HEREIN IS SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SUCH LIMITATION, EXCLUSION, RESTRICTION OR PROVISION MAY NOT APPLY TO YOU.
6. LIMITED LIABILITY AND INDEMNITY
You are solely responsible for your interactions with other Users. We do not have any obligation to monitor disputes between Users. We have no liability for your interactions with other Users or for any User’s action or inaction.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR DIRECT, INDIRECT DAMAGES, LOST PROFITS, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND WHATSOEVER ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF OR INABILITY TO USE THE SERVICES, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION CONTAINED ON THE SERVICES, WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. OUR LIABILITY IS LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE SERVICES OR $1000, WHICHEVER IS LESSER.
You agree to indemnify, defend, and hold us harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising in any manner in whole or in part out of your use of the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. These indemnification, defense, and hold harmless obligations will survive these Terms and the termination of your use of the Services.
7. TERMINATION OF SERVICES
We have the right to suspend or terminate Client’s access to any portion or all of the Services at any time and for any reason or for no reason and without notice to you.
We have the right to suspend or terminate Event Professional’s access to any portion or all of the Services at any time and for violations of the Terms. Remedies for use of our Services that violate the Terms include, but are not limited to, the immediate termination of your membership, notifying our Users of your actions, issuing a warning (including a public warning), temporarily suspending your membership, monetary compensation, and injunctive relief.
In the event that we suspend or terminate your access to and/or use of the Services, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination.
8. MISC. PROVISIONS
8.1 Dispute Resolution. This Agreement shall be governed by the laws of the State of New York. Any legal action arising under this Agreement shall be brought exclusively in the state courts located in Suffolk County, New York, and Parties hereby waive all right to object to such jurisdiction or venue. Should we prevail in any legal action, irrespective of the Party originally bringing the action, User shall pay all costs of litigation and collection, including reasonable attorneys’ fees. “Prevail” shall be determined by comparing the amount awarded, including interest (if any), with the last settlement position of the Parties prior to commencement of the action. Offers or demands prior to the last settlement position shall not be considered.
8.2 Force Majeure. No Party shall be responsible for any failure to perform any obligation under this Agreement due to unforeseen circumstances or causes beyond that Party’s reasonable control, including acts of God, war, riot, acts of civil/military authorities, fire, floods, or pandemic situation.
8.3 Enforceability. Our failure to enforce at any time any of the provisions of the Terms shall not in any way be construed as a waiver of such provisions.
8.4 Unenforceability. If any provisions of the Agreement shall be held to be unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
8.5 Entire Agreement. These Terms and any additional terms and conditions that are referenced herein or otherwise may apply to specific areas of the Services, constitute the entire agreement between us and you with respect to the Services.
8.6 Assignment. Users may not assign any right or obligation contained in this Agreement.
Policies written by attorney Robert L. Shenk II of Wedding Industry Law and paid for by Express Studios Inc. Express Studios Inc. does not give anyone the right to copy this policy.