The following describes the terms on which Wedding4Bid offers you access to our services. Please read over this and consider it carefully when choosing whether to use the www.Wedding4Bid.com website.
Last Updated: March 8, 2010
All content and information displayed on our website is owned or licensed by Wedding4Bid, LLC, or other third parties and is protected by copyright and other intellectual property laws. You may not modify, publish, transmit, transfer, sell, reproduce, re-post or alter any such content. Wedding4Bid, LLC, grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for home, noncommercial and personal use only, one copy of any content that you may download from this website. Any other use or reproduction of this website, in whole or in part, will be considered to be a violation of Wedding4Bid, LLC's intellectual property rights.
- DISCLAIMER AND RELATED INFORMATION
You are visiting and using this website at your own risk. Wedding4Bid, LLC, or any parent company, subsidiaries, affiliates, successors, assigns, agents, officers, directors, employees, representatives, licensors or licensees shall not be responsible for any damages of any nature arising out of or relating to the use of this website or any hyperlinked website(s).
We may change, suspend or discontinue any aspect of this site at any time, including the availability of any site features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or the entirety of this site without notice or liability.
User verification on the Internet is difficult and we cannot and do not confirm each user's purported identity.
Before you act on information you've found on this website, you should confirm any facts that are important to your decision. Wedding4Bid, LLC, and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the website. Wedding4Bid, LLC, is not responsible for, and cannot guarantee the performance of, goods and services provided by our members, vendors, users, advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by Wedding4Bid, LLC, or its licensors, affiliates, information providers, advertisers, sponsors or partners. The materials on this website and the hyperlinked third party sites are provided "as is" and without warranties or representations of any kind, either express or implied, including but not limited to the implied warranties of timeliness, merchantability, fitness or non-infringement. Further, Wedding4Bid, LLC, does not represent warrant or endorse the accuracy, reliability, completeness or timeliness of any information, content, views, opinions, recommendations or advertisements distributed through or accessed from any of the services contained on this website. Wedding4Bid, LLC, does not represent, warrant or endorse any product, information or material that is displayed, purchased or obtained by you as a result of an advertisement or any other information or offer displayed on this site. Wedding4Bid, LLC, does not warrant that the functions contained on its website or the third party hyperlinked websites will be error-free or accessible on an uninterrupted basis, that defects will be corrected including those affecting discussion groups or bulletin boards, nor that the server that makes the website available is free of viruses or other harmful components. By visiting this website you are agreeing to Wedding4Bid, LLC, its parent company, subsidiaries, affiliates, successors, assigns, agents, officers, directors, employees, representatives and licensors harmless from any damages, actions or causes of actions that may now or hereinafter arise out of your use of the website.
Each user acknowledges and agrees that, regardless of such user's physical location, we may store and process any data transmitted to this site from such user at locations both within and outside of the United States.
Wedding4Bid, LLC, is a Nevada Company with headquarters in Las Vegas, Nevada, United States. Consequently, by visiting this website you agree that in all matters relating to this website, you shall be governed by the laws of the State of Nevada and the United States, as applicable. You may not use this website if law prohibits you from doing so in the country in which you reside.
- MODIFICATIONS TO THESE TERMS
- THIS SITE IS A VENUE
We are not involved in the actual transaction between users and vendors. As a result, the quality, safety or legality of the goods or services advertised is the responsibility of the vendor and the user.
- PERSONAL USE AND SPAM RESTRICTIONS
We do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a site user to your mailing list (email or physical mail) without the user's express consent.
You agree that, with respect to other users' personal information that you obtain through this website or through any site-related communication or any site-facilitated transaction, we have granted to you a license to use such information only for: any site-related communications that are not unsolicited commercial messages; using services offered through the site; and any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, can you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users' personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
- LIMITATIONS OF LIABILITY
IN NO EVENT WILL WEDDING4BID, LLC, ITS SUBSIDIARIES, AFFILIATES, SUCESSORS, ASSIGNS, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, OR REPRESENTIAVES BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM OUR SITE, THESE TERMS, YOUR USE OF THE SITE AND/OR ANY TRANSACTION BETWEEN USERS OR VENDORS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, TORT, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANOTHER USER OR THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE.
- DISPUTES WITH MEMBERS OR VENDORS
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS, VENDORS OR ADVERTISERS ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT), YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SITE, EACH OF OUR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE SITE AND OUR COMPANY HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE ( INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR ANY OF YOUR USER-CONTRIBUTED CONTENT), ANY CONTENT POSTED BY VENDORS OR ADVERTISERS TO THE SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
- DMCA NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights (i.e. photographs) have been otherwise violated, please notify our agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at info@Wedding4Bid.com
Please provide our Agent with the following Notice:
a) Identify the material on our site that you claim is infringing, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
- COMPUTER FRAUD
Any unauthorized use of our computer systems is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.), relevant State statutes and the laws of the other States and territories of the USA. Such violations may subject the offender and his or her agents to civil and criminal penalties.
- NO AGENCY
- POSTING CONTENT
Users agree not to post their e-mail address, phone number and/or Website address/URL on the site, except in the "e-mail" field of the signup form, or when asked by Wedding4Bid at any other time. There should be no need to give anyone your e-mail address. It is automatically provided if you choose a Wedding Vendor (or you are the Wedding Vendor chosen for) a job, and before that time you can use the message board to communicate. This does not only apply to email adresses, website address and phone numbers, but to all methods of communication, including IM, AIM, Social Networking profiles, and Yahoo.
You are prohibited from making direct contact with another User, unless it's for a Job you (a Wedding Vendor) have been seleted for, or you (the Buyer/bride) have selected a Wedding Vendor. This includeds giving out your e-mail address, phone number or any other method of contact outside of this website. Wedding4Bid provides message boards for each job, which should be sufficient for pre-job planning.
The User is solely responsible for content or any other information the User provides to Wedding4Bid.com. User understands and agrees to the following:
Wedding4Bid is only acting as a venue for the online distribution and publication of User content. However, no warranties as to the actual distribution or publication of User content are made or implied. Wedding4Bid has the right (but no obligation) to take any action deemed appropriate with respect to User content if it is believed that such content may create liability for Wedding4Bid, harm its business operation or reputation, or cause Wedding4Bid to lose the services of its vendors.
User represents and warrants that User's content: (a) will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy; (b) will not violate any law or regulation; (c) will not be defamatory or trade libelous; (d) will not be obscene or contain child pornography; (e) will not include incomplete, false or inaccurate information about User or any other individual; and (f) will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
By submitting User content to Wedding4Bid (including, but not limited to creating your Account; posting a profile, posting a portfolio, posting a job; sending messages through or to Wedding4Bid). You hereby grant to Wedding4Bid a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform User content, under all User intellectual property and proprietary rights worldwide. For the avoidance of doubt, providing links to content hosted on servers other than that of Wedding4Bid (such as a portfolio of sample works hosted on Your own web site) will not be considered "submitting" such content for purposes of this license grant.
No copyrighted material can be posted on the Site. We reserve the right to refuse in our sole discretion any posting submitted to us either through our online submission process or sent to our offices for us to load or post onto the Site. We may refuse to publish the posting for any reason, and each current or prospective member expressly agrees to release and hold us harmless from any loss or liability that may arise from such a decision.
Advertising: Users are prohibited from advertising a website on the Site. Any URL posted in a bid, project description, or the message board, must relate to a job on Wedding4Bid.com. An example of a permissible URL would be a User's portfolio or resume page.
Bidding: Wedding Vendors can only place bids that equal the total amount of money they are requesting for the project. You cannot post an hourly bid or any other abnormal type of bid. This also applies to Buyers (Brides). Buyers cannot create jobs that directly or indirectly require Wedding Vendors to place hourly or other abnormal bids.
The Buyer agrees that:
The Buyer is strictly forbidden from redistributing any of the content of the Site, including but not necessary limited to private messages, documents, support tickets.
The Buyer will not use the Buyer's Account to post false or misleading project descriptions.
The Buyer will not post project descriptions that, in the judgment and discretion of Wedding4Bid, are inappropriate to Wedding4Bid's audience, viewers, or visitors in the judgment and discretion of Wedding4Bid.
The Buyer agrees to pay featured project fee if project posted should have been posted as featured.The Buyer agrees to pay fulltime project fee if project posted should have been posted as fulltime.
The Buyer will not falsify the Buyer's own or any other identity.
The Buyer will comply with all of Wedding4Bid's policies as posted on the Site from time to time.
Provider (Wedding Vendor)
The Provider (Wedding Vendor) agrees that:
The Provider (Wedding Vendor) will not redistribute any of the content of the Site, including but not necessary limited to private messages, documents, support tickets.
The Provider (Wedding Vendor) will not falsify Provider (Wedding Vendor)'s own or any other identity.
The Provider (Wedding Vendor) will comply with all Provider (Wedding Vendor).com policies as posted on the Site from time to time.
- GENERAL RESTRICTIONS
Users agree that:
Users will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Site or the content contained therein without the prior written permission of Wedding4Bid.
Users will not distribute unsolicited commercial messages ("spam") through the User's Account.
Users will not contact employers or freelancers through the Site or through information gained from our Site with the intent of subverting them from using our Services.
Users will not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.
Users will not create multiple user Accounts to avoid fees, suspension or bad ratings on the Site.
Consequences of termination:
In the event of termination, Users found in violation of the User Agreement will not receive any credit or payment from Wedding4Bid.
Without limiting Wedding4Bid's other remedies, to the extent you are in violation of this User Agreement, you must pay Wedding4Bid for all fees owed to us and reimburse us for all losses and costs (including any and all Wedding4Bid employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
You and Wedding4Bid agree that the damages that Wedding4Bid will sustain as a result of actions that breach the User Agreement will be substantial, potentially including (without limitation) fines and other related expenses from its payment processors and service providers, but may be extremely difficult and impracticable to ascertain. If you engage in such activities, then Wedding4Bid may fine you up to US$3,000.00 for each such violation and/or Wedding4Bid may take legal action against you to recover losses that are in excess of the amount charged. You acknowledge and agree that a fine up to US$3,000.00 is presently a reasonable pre-estimate or minimum estimate of Wedding4Bid's damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to Wedding4Bid that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult.
You agree that Wedding4Bid is entitled to deduct such charges directly from any existing balance in the offending Account, or any other Wedding4Bid Account owned by you.
Users that are terminated by Wedding4Bid on any basis other than violation of this User Agreement will be entitled to receive any payment due from Wedding4Bid.
In the event of termination, you will have no claim whatsoever against Wedding4Bid in respect of any such suspension or termination of your membership.
- ENTIRE TERMS