Wedding Spot Terms of Service

Last updated Jan 12, 2021

Cvent, Inc., doing business as Wedding Spot ("Wedding Spot", "we", "us", "our") provides its services (described below) to you through its website located at www.wedding-spot.com (the "Site") and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service").  Your use of the Service(s) constitutes acceptance of these Terms. For the avoidance of doubt, these Terms of Service are made a part of and are incorporated into any Wedding Spot insertion order (“Order”) signed by Vendors (as defined below) unless otherwise expressly stated on such Order. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at www.weddingspot.com/privacy/. All such terms are hereby incorporated by reference into these Terms of Service.

1. Access and Use of the Service

1.1 Services Description: The Service is a platform connecting people seeking wedding services ("Clients") to our community of vendors who provide wedding venues and related services ("Vendors") (Clients and Vendors are "Users", "you" and "your"). Please be advised: Although Wedding Spot administers the Service (including price estimates and comparison features) and allows Clients to search for Vendors on our Site, Wedding Spot is not otherwise a party to the Vendor services or any other transactions that may take place between Clients and Vendors and is not involved in or responsible for the performance of any services provided by Vendors. Wedding Spot has no control over the performance of any service by Vendors or any claims made by Vendors about the venue or services they may offer, nor does Wedding Spot guarantee or endorse the truth or accuracy of any representations made by Vendors, the ability of Vendors to provide the venue or services as claimed by Vendors (even if through the Service) or the ability of Clients to pay for any venue or services offered by Vendors. Clients and Vendors (and not Wedding Spot) bear all risks and liabilities associated with any vendor services, venues or other transactions between them. Different sections of the Site and Terms of Service may affect Clients and Vendors differently, so please be sure to read all terms carefully. 

1.2 Relationship of Users: All Users acknowledge and understand that Wedding Spot is not an employer, broker, agent or insurer for any Users of the Service. Wedding Spot's acceptance of a Vendor to the Service should not be construed as or otherwise deemed an endorsement or promotion of such Vendor, and such acceptance is in reliance on the Vendor's representation and warranty to Wedding Spot of the accuracy of information submitted by such Vendor. As the Service solely provides a platform and tools for Users to communicate with potential transaction partners, any such transactions are made by all Users at each User's own risk.

1.3 Your Registration Obligations: You may be required to register with Wedding Spot in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

1.4 Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities, with or without your knowledge, that occur under your password or account.  You will take reasonable precautions to protect against theft, loss or fraudulent use of such password and account. You agree to (a) immediately notify Wedding Spot of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Wedding Spot will not be liable for any loss or damage arising from your failure to comply with this Section.

1.5 Modifications to Service: Access is limited to the version of the Service in Wedding Spot’s production environment.  Wedding Spot reserves the right, at its sole discretion, to modify, add and/or substitute functionally equivalent features in the event of end-of-life or changes to software requirements, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Wedding Spot will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

1.6 General Practices Regarding Use and Storage: You acknowledge that Wedding Spot may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Wedding Spot's servers on your behalf. You agree that Wedding Spot has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Wedding Spot reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Wedding Spot reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

1.7 Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Wedding Spot and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Wedding Spot account information to ensure that your messages are not sent to the person that acquires your old number.

2. Conditions of Use

2.1 User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Wedding Spot. Wedding Spot reserves the right to investigate and take appropriate legal action against anyone who, in Wedding Spot's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree that you will use the Service only for lawful purposes and in accordance with these Terms of Service, and specifically will not use the Service to:

1. email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Wedding Spot, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Wedding Spot or its users to any harm or liability of any type;

2. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or

3. violate any applicable local, state, national or international law, or any regulations having the force of law;

4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

5. solicit personal information from anyone under the age of 18;

6. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

7. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

8. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or

9. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

2.2 Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

2.3 Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

3. Apple-Enabled Software Applications

Wedding Spot offers Software applications that are intended to be operated in connection with products made commercially available by other application platforms (each, an “Application Platform”). With respect to Software that is made available for your use in connection with a third-party branded product (such Software, "Application Platform Software"), in addition to the other terms and conditions set forth in these Terms of Service, the terms and conditions provided by such Application Platform will also apply. If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Wedding Spot as follows:

info@wedding-spot.com
329 Bryant St., Suite #2C, San Francisco, CA 94107

Wedding Spot and you acknowledge and agree that the Application Platform(s), and each Application Platform’s respective subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Application Platform Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, the Application Platform will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Application Platform Software as a third party beneficiary thereof.

4. Intellectual Property Rights

4.1 Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Wedding Spot, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Wedding Spot from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Wedding Spot, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Wedding Spot.

The Wedding Spot name and logos are trademarks and service marks of Wedding Spot (collectively the "Wedding Spot Trademarks"). Other Wedding Spot, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Wedding Spot. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Wedding Spot Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Wedding Spot Trademarks will inure to our exclusive benefit.

4.2 Third Party Material: Under no circumstances will Wedding Spot be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Wedding Spot does not pre-screen content, but that Wedding Spot and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Wedding Spot and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Wedding Spot, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

4.3 User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you acknowledge and agree that Wedding Spot may use all data inputted into or collected by the Service, including but not limited to data related to Service utilization and User Content, on a historical, aggregated and anonymous basis (collectively, "Aggregate Data") in compliance with applicable laws and Wedding Spot's Privacy Policy to provide the Service and for any commercial purposes, including but not limited to the distribution and provision of the Aggregate Data to other Wedding Spot customers and for the preparation and distribution of benchmarking, research, and/or analytical materials. Aggregate Data shall not identify you as the source of any specific data, pattern or finding, nor shall it include any personally identifiable information of any individual users of the Service. Wedding Spot shall maintain appropriate security measures for all Aggregate Data in accordance with the terms and conditions of these Terms. Wedding Spot will be the sole and exclusive owner of all right, title and interest to such Aggregate Data and, notwithstanding anything to the contrary, shall be free to use and disclose on a world-wide and royalty-free basis the Aggregate Data for its business purposes including, but not limited to, publicizing usage of the Services, providing information on general industry trends, and providing benchmarking data to Wedding Spot customers. 

You hereby grant and will grant Wedding Spot and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to Wedding Spot are non-confidential and Wedding Spot will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Wedding Spot may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Wedding Spot, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

4.4 Copyright Complaints: Wedding Spot respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Wedding Spot of your infringement claim in accordance with the procedure set forth below.

Wedding Spot will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be sent to the contact below: 

 

Cvent, Inc.

ATTN: General Counsel

1765 Greensboro Station Place, Suite 700

Tysons Corner, Virginia 22102

(703) 226 3500

legal@cvent.com

 

To be effective, the notification must be in writing and contain the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

• a description of the copyrighted work or other intellectual property that you claim has been infringed;

• a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;

• your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

4.5 Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

• your physical or electronic signature;

• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

• a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

• your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Wedding Spot will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

4.6 Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Wedding Spot has adopted a policy of terminating, in appropriate circumstances and at Wedding Spot's sole discretion, users who are deemed to be repeat infringers. Wedding Spot may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

5. Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Wedding Spot has no control over such sites and resources and Wedding Spot is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Wedding Spot will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Wedding Spot is not liable for any loss or claim that you may have against any such third party.

6. Social Networking Services

You may enable or log in to the Service via various online third-party services, such as social media and social networking services like Facebook or Twitter ("Social Networking Services"). To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Wedding Spot's use, storage and disclosure of information related to you and your use of such services within Wedding Spot (including your friend lists and the like), please see our Privacy Policy at www.wedding-spot.com/privacy/. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Wedding Spot shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, Wedding Spot is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Wedding Spot is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Wedding Spot enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

7. Indemnity and Release

You agree to release, indemnify and hold Wedding Spot and its affiliates and their officers, employees, directors and agents (collectively, "Indemnitees") harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, Vendor services or venues, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: "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." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

8. Warranties; Disclaimers

            8.1 You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

8.2 YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WEDDING SPOT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WEDDING SPOT MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

THE QUALITY OF THE VENDOR SERVICES PURCHASED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE VENDOR WHO PROVIDES SUCH VENUE OR VENDOR SERVICES TO CLIENT. CLIENT UNDERSTANDS AND AGREES THAT BY USING THE SERVICE, CLIENT MAY BE EXPOSED TO VENDOR SERVICES AND/OR VENUES THAT ARE POTENTIALLY DANGEROUS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT CLIENT'S USE OF THE SERVICE, AND ANY SUCH VENDOR, VENDOR SERVICES OR VENUE IS AT CLIENT'S OWN RISK.

9. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEDDING SPOT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEDDING SPOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL WEDDING SPOT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID WEDDING SPOT IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

10. Laws and Disputes.

 

These Terms of Services will be governed by the laws of the Commonwealth of Virginia, USA applicable to contracts made and performed wholly within Virginia without regard to any conflict of law principles.

You and Wedding Spot agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply to these Terms of Service. You agree to the sole and exclusive venue of the state and federal courts encompassing Fairfax County, Virginia for all matters arising with respect to the Services or these Terms of Service between you and Wedding Spot. Each party waives its right to a jury trial.

11. Termination

You agree that Wedding Spot, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Wedding Spot believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Wedding Spot may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Wedding Spot may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Wedding Spot will not be liable to you or any third party for any termination of your access to the Service. Termination of this Terms of Service by Wedding Spot will not limit it from pursuing any other remedies available to it, including injunctive relief, nor will termination release you from your obligation to pay all fees that you agreed to pay under this Terms of Service. If Wedding Spot terminates this Terms of Service for your non-payment, You agree to pay to Wedding Spot the remaining value of the then-current initial or renewal term (that you acknowledge as liquidated damages reflecting a reasonable measure of actual damages and not a penalty) equal to the aggregate yearly (or monthly as the case may be) recurring fees (as set forth in the Order Form or Invoice) that will become due during the canceled portion of such Initial or renewal term.

12. User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and Wedding Spot will have no liability or responsibility with respect thereto. Wedding Spot reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

13. General

These Terms of Service constitute the entire agreement between you and Wedding Spot and govern your use of the Service, superseding any prior agreements between you and Wedding Spot with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content or third-party software. The failure of Wedding Spot to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Wedding Spot, but Wedding Spot may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

14. Your Privacy

At Wedding Spot, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

15. Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Wedding Spot, Inc., (415) 761-1024, 329 Bryant St., Suite #2C, San Francisco, CA 94107.

16. Questions? Concerns? Suggestions?

 
Please contact us at info@wedding-spot.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.

17. Additional Terms

17.1 The following terms apply only to CLIENTS (as defined above):

a. Vendors wishing to offer wedding related services and products have provided information that will be available to you to review and compare via the Site. We do not own or operate or have any control over any such Vendor entities or the information they provide or post on the Site. We do not have any control over any of the information provided by or displayed relating to the Vendors on the Site, including any venue and vendor information, pricing and other such relevant information, and we cannot assure such information is accurate, complete, or current. Vendors' information on the Site is subject to change, with or without notice, including but not limited to availability, actual booking date, actual guest count, actual event time, upgrades of amenities, food and/or beverage options, and/or variable changes in prices in general. Therefore, you should not rely on this information. As a condition to your use of the Site, you hereby understand and agree that should you decide to move forward with one or more of the Vendors on the Site, Wedding Spot has no control over such Vendors and is not and shall not at any time be or be deemed to be a part of any agreement between you and the respective Vendors and your decision to move forward with any entity is entirely up to you. We do not warrant the accuracy of or assume (and you agree that Wedding Spot does not bear any) responsibility for any errors or omissions in the information, advice, recommendations or guidance provided by either our staff or our visitors. Please exercise good judgment and common sense, and conduct all necessary, appropriate, and prudent inquiry, investigation, research, and due diligence, and take all necessary precautions when interacting with others or publicly posting content. "Content" in this case means links to our Site, text, images, photos, audio, video, addresses, and all other forms of data or communication provided on our Site.

b. Advertising. Some Services may be supported by advertising revenue, and you hereby agree that we may display advertising, promotions, sponsored listings, and the like on the Services and on, around, and in connection with your Content.

c. Spot Estimate™. All results and prices generated via Spot Estimate™ are estimates based on options that you have selected on the Site and you hereby understand that any such results and prices are an estimate only, and mistakes regarding availability and pricing may occur. Wedding Spot is not a quoting tool and you should not rely on the pricing via the Site as any final pricing. We are not responsible for any pricing changes that are made unbeknownst to us by Vendors. Any agreement to work with a vendor listed on the Site shall be solely between you and the particular Vendor. In all cases, you agree that it is your responsibility to verify or confirm all information provided by the Site, including any pricing information, with Vendor.

17.2 The following terms apply only to VENDORS (as defined above):

a. Vendor's Lawful Conduct. The Site allows Vendors, including but not limited to venues and vendors, to send electronic communications directly to Clients. Vendors shall comply with all applicable local, state, federal, and foreign laws, treaties, regulations, and conventions in connection with its use of the Site, including without limitation those related to privacy, electronic communications and anti-spam legislation. You agree that you, the Vendor, will not send any electronic communication from the Site that is unlawful, harassing, libelous, defamatory or threatening. Except as permitted by this Terms of Service, no part of the Site may be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means. Vendors agree not to access the Site by any means other than through the interfaces that are provided by Wedding Spot. Vendors shall not do any "mirroring" or "framing" of any part of the Site, or create Internet links to the Site, which include log-in information, representative names, passwords, and/or cookies. Vendors will not in any way express or imply that any opinions contained in the Vendor's electronic communications are endorsed by Wedding Spot. Neither the Vendor, nor someone acting on the Vendor's behalf, will use the Site to target for solicitation any Wedding Spot customers for purposes of providing any competitive product. Vendors shall ensure that any use of the Site by a Vendor's representatives is in accordance with the terms and conditions of this Terms of Service.

b. Transmission of Data. Vendors understand that the technical processing and transmission of Vendors' electronic communications is fundamentally necessary to the Vendor's use of the Site. Vendors expressly consent to Wedding Spot's interception and storage of electronic communications and/or Vendor Data, and Vendors acknowledge and understand that the Vendor's electronic communications will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by Wedding Spot. Vendors acknowledge and understand that changes to the Vendor's electronic communications may occur (including but not limited to encryption and compression) in order to conform and adapt such data to the technical requirements of connecting networks or devices. Vendors further acknowledge and understand that electronic communications may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone or other electronic means. Vendors agree that Wedding Spot is not responsible for any electronic communications and/or Vendor Data which are delayed, lost, altered, intercepted or stored during the transmission of any data whatsoever across networks not owned and/or operated by Wedding Spot, including, but not limited to, the Internet and the Vendor's local network. "Vendor Data" means any information or Content provided by Vendor or its representatives.

c. Link(s). Wedding Spot grants you a worldwide, limited, non-exclusive, non-transferable license, without the right to sublicense, so that you may establish one or more links to Wedding Spot's website from your website(s), for the purpose of allowing any of Wedding Spot's guest and registrants to use the Site. You shall include a hypertext link to a designated Wedding Spot website in the form as agreed by the parties and use reasonable efforts to promote such link on your website.

d. Suspension for Delinquent Account. Wedding Spot reserves the right to suspend or terminate a Vendor's and any Vendor affiliates' access to and/or use of the Site for any accounts (i) for which any payment is due but unpaid. The suspension is for the entire account and the Vendor understands that such suspension would therefore include affiliate sub-accounts. Vendors agree that Wedding Spot shall not be liable to the Vendor or to any Vendor affiliate for any suspension of the Site pursuant to this Section.

e. “No Cancellation” Policy.  Wedding Spot has a strict no cancellation policy.  Vendor may not cancel its contract any time before the end of the contract’s term.  All fees paid hereunder are non-refundable, and no refunds or credits of any kind shall be issued.  

f. Fees. To the extent the Service or any portion thereof is made available for any fee, you agree to pay all fees and other charges in accordance with this Terms of Service. All fees are due net thirty (30) days from invoice date or as otherwise set forth in the Order Form or Invoice. If you do not pay the fees or other charges when they are due, then a finance charge of two percent (2%) per month or the maximum rate allowed by law if less will be assessed. Payment shall be by check unless otherwise specified on your Order Form or Invoice. Except where prohibited by applicable laws, if Vendor pays any fees due hereunder via credit or debit card, then Wedding Spot reserves the right to charge Vendor a surcharge of three percent (3%) of the total amount due hereunder, and Vendor hereby consents to such charge being made against the credit or debit card provided by Vendor. If you dispute any charges you must let Wedding Spot know within thirty (30) days after receipt of invoice, provided that you will promptly pay the undisputed portion of the invoice and will only withhold payment of the disputed portion until the dispute is resolved. The parties will negotiate in good faith to resolve any payment dispute within ninety (90) days. We reserve the right to change Wedding Spot's prices. All fees shall be due upon the start date of the applicable Services. Failure to make timely payments is a material breach of this Terms of Service and Wedding Spot may suspend its performance obligations in accordance with the provisions of Section 11. You shall reimburse Wedding Spot for expenses incurred, including interest and reasonable attorney fees, in collecting amounts due under this agreement that are not under good faith dispute by you. 

g. Taxes. You are responsible for all taxes, charges or duties including, without limitation, sales, use, value added, royalty or withholding taxes imposed by a federal, state, provincial, local or other government entity on Services provided under this Terms of Service, excluding taxes based on Wedding Spot's net income.  Vendor will invoice ad valorem tax only where Vendor is required to.  Such tax will be included on your invoice and is subject to the same finance fees as described above.  

h. Renewal Eligibility. If any payment is past due or in arrears, Vendor will not be eligible for renewal until all payments are made current.

i. Change in existing Vendor profile. To the extent an existing Vendor profile listed on Wedding Spot Site undergoes any change in ownership (whether in the case of a merger, acquisition or sale of all or substantially all assets),  Vendor re-branding, brand transitions or conversions, and/or a Vendor changes their location address(es) listed on our Site, the Vendor will be required to upgrade their venue listing by paying the amount specified in the payment plan in order for Wedding Spot to facilitate the changes to the Vendor’s profile. Following payment by the Vendor in accordance with Section 17.2 (f) “Fees” and these Terms of Service, the Vendor’s updated listing will be displayed on the Site.