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Terms & Conditions

 

These Terms of Use (“Agreement”) describe the terms and conditions (the “Terms”) applicable to your use of the services of Wedding Connections of the Hudson Valley, Inc. (“WCHV” or “We”), available at www.weddingconnectionshv.com (the “Site”). By using the Site, you signify your acceptance of these Terms. If you do not agree to these Terms, please do not use this Site. We reserve the right to amend these Terms from time to time without notice. All modified terms and conditions shall take effect immediately after posting to the Site. We encourage you to review this page periodically because any changes will be binding on you. This Agreement may not be modified, amended, and/or changed by you in any manner.

 

1.              WCHV is a Neutral Venue. WCHV is an innovative community and marketplace for the wedding industry. WCHV is not a wedding product or service provider, wedding vendor or an agent representative. WCHV 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: WCHV 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 WCHV 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 WCHV 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.

 

We use techniques to help verify the identity of Wedding Vendors when they participate on our Site; however, WCHV cannot and will not guarantee each service provider’s identity; nor can we guarantee their capabilities. We cannot guarantee that information provided by or about Vendor Members on the Site is accurate. You should use WCHV 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, 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: WCHV 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 WCHV 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. After WCHV and the Vendor Member have terminated their relationship, WCHV shall be entitled to retain all reviews associated with a Vendor Member on the Site as well as basic directory information, including, without limitation, business name, address and telephone number.

 

2.              Participation. Participation in the WCHV website 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. Participation in WCHV is void where prohibited. Your WCHV participation may not be transferred or sold to another party. If you are participating as a business entity, you represent that you have the authority to bind the entity to this Agreement. If you are participating 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 WCHV, you agree to (i) provide us with accurate, complete information about yourself and to update this information as needed; and (ii) abide by all of the terms and conditions of this Agreement.

 

3.              Prohibited Activities. Visitors to and Members of the Site may not:

 

(i)             Impersonate another person or entity;

(ii)           Use the Site to break the law or applicable regulations, encourage others to do so, or offer instructions on how to do so;

(iii)          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;

(iv)          Use information on the Site to send unsolicited email to Members

(v)           Do anything that interferes with or places an undue burden on the Site (as determined by WCHV in our sole discretion);

(vi)          Use the Site if your participation has been temporarily or permanently suspended or revoked;

(vii)        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 Site at various places throughout the Site including, but not limited to, fees associated with certain services or uses. 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 additional terms and conditions shall govern.

 

5.              Protection of Intellectual Property Content. The WCHV 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. 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.

 

6.              Reporting Claims of Copyright Infringement.  We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials from the Site by submitting written notification to WCHV.

 

7.              Disputes Among Members; Release. You are solely responsible for your interactions with other WCHV Members, and We are not party to any disputes arising from or connected to such interactions. We reserve the right, but have no obligation, to monitor disputes between you and other Members. You agree to release WCHV, its members, officers, contractors, 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 WCHV Member.

 

8.              Information You Submit. The Site offers the opportunity for Members to share information with other Members as part of the WCHV 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. 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. WCHV 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 WCHV 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 WCHV 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 acknowledge that WCHV 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 is posted 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 furthermore represent and warrant that all persons and entities connected with the Submitted Information, and all other persons and entities whose names, voices, photographs, likenesses, works, services and materials have been used in the Submitted Information or its exploitation, have authorized the use of their names, voices, photographs, likenesses, performances, and biographical data in connection with the advertising, promotion, trade and other exploitation of the Submitted Information and the rights granted herein.

 

You 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 WCHV’s sole discretion. In addition, we reserve the right to terminate Members who violate these rules. You assume legal responsibility for and will indemnify us from, all damages incurred as a result of any of your Submitted Information.

 

9.              Fraud. WCHV may suspend or terminate your participation if We suspect that you have engaged in fraudulent activity in connection with our Site, as determined in our sole discretion.

 

10.           Tools; Changes to Site. The Site offers several tools to Members (collectively, “Member Tools”), some of which are provided by third parties. WCHV is not responsible for the availability, suitability or effectiveness of any of these Member 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 Member 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. WCHV reserves to right to modify or discontinue any Member Tools or other services provided on the Site at any time without warning.

 

11.           Privacy. Please see our Privacy Policy to learn about how we treat information We gather from you. Please be aware that Members, including Vendor Members, are not bound by our Privacy Policy except as specified therein. Therefore, you should carefully safeguard your personal information and check with Vendor Members to see how they treat information they gather from you.

 

12.           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 WCHV in any manner whatsoever.

 

13.           Right to Reject or Remove Members. We reserve the absolute right to reject your participation, or remove you from your current participation, in the WCHV 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; or any attempt by you to harass, or cause another to harass, or have inappropriate communications with a Member.

 

14.           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, processes, procedures, methods and applications, or other aspects of our business (“Our Information”). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that We would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that We shall be entitled to injunctive relief.

 

15.           Record Keeping/Audit. We reserve the right to keep all records of any and all communications between you and other Members for administration purposes.

 

16.           Submissions. We always want to receive messages and feedback from WCHV Members and welcome any comments regarding the Site. However, please be aware that any ideas, suggestions comments or proposals you send to WCHV (collectively, “Submissions”) are non-confidential, shall become the sole property of WCHV, and you hereby assign all right, title and interest in such Submissions. To the extent Submissions cannot be assigned to WCHV, you hereby grant and agree to grant to WCHV all rights needed for WCHV to incorporate and commercialize the Submissions at no charge or encumbrance to WCHV and you agree that WCHV may disclose the Submissions to any third party in any manner and you agree that WCHV has the ability to sublicense all Submissions in any form to any third party without restriction. WCHV shall own all rights therein, including all intellectual property rights. WCHV shall be entitled to use and/or disseminate the Submissions in any manner and for any purpose whatsoever, commercial or otherwise, without compensation or credit to you.

 

17.           Remedies. Remedies for use of our Site that violate this Agreement include, but are not limited to, the immediate termination of your participation, notifying our Members of your actions, issuing a warning (including a public warning), temporarily suspending your participation, monetary compensation, and injunctive relief.

 

18.           No Warranty. WCHV, OUR MEMBERS, OFFICERS, CONTRACTORS AND EMPLOYEES, AND OUR SUPPLIERS PROVIDE THE SITE AND THE SERVICES THEREON “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WCHV FURTHER DOES NOT WARRANT THAT THIS SITE OR ANY INFORMATION, SERVICES OR TOOLS OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, COMPLETE OR CURRENT, OR WILL GIVE ACCURATE, COMPLETE OR CURRENT RESULTS; THAT OPERATION OF THE SITE, INCLUDING TOOLS OR OTHER SERVICES OFFERED ON THE SITE, WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY ERRORS ON THE SITE WILL BE CORRECTED. WCHV DOES NOT REPRESENT OR WARRANT THAT DATA STORED ON THE SITE WILL BE SECURE, AVAILABLE OR PRESERVED. WCHV DOES NOT REPRESENT OR WARRANT THAT ALL TOOLS OR OTHER SERVICES ON THE SITE WILL CONTINUE TO BE OFFERED.

 

19.       Limited Liability. IN NO EVENT SHALL WCHV, OUR MEMBERS, OFFICERS, CONTRACTORS AND EMPLOYEES, OR OUR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR DIRECT, INDIRECT DAMAGES, LOST PROFITS, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION CONTAINED ON THE SITE, WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. OUR LIABILITY, AND THAT OF OUR EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR $100, NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

 

20.       Indemnity. You agree to indemnify and hold us and our members, officers, agents contractors and employees 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 Site, including but not limited to (i) your advertising, provision of or failure to pay for goods or services promoted on the Site; and (ii) claims that any of your Submitted Information includes materials owned by third parties without authorization, was defamatory or harassing, or otherwise violated the rights of any third party.

 

21.       Links to Other Sites. This Site may contain links to other sites which are provided solely as a convenience to you, or which are provided by other Members. WCHV is not responsible for the availability of external sites or resources linked to the Site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and such third-party sites are strictly between you and the third party and are not the responsibility of WCHV. Because WCHV is not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours.

 

22.       Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, shipping, transporting, and solicitation of offers to ship and transport items.

 

23.       Governing Law; Venue and Jurisdiction. By visiting or using the Site, you agree that the laws of the State of New York, without regard to principles of conflict of laws of any state or jurisdiction, will govern these Terms and any dispute of any sort that might arise between you and WCHV or any of our affiliates. With respect to any disputes or claims not subject to arbitration, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New York.

 

24.       Security. WCHV uses industry standard practices to protect your personal information, including firewalls. We utilize several different security techniques to protect data from unauthorized access, but, We cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our Site can be interrupted by numerous factors outside of our control.

 

25.       General. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. To the extent of any conflict between the terms of this Terms of Use and any other document made a part of the Agreement by its express terms, the terms of this Terms of Use shall prevail unless the other document specifically states that it shall prevail. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by WCHV to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of arbitration or litigation involving the enforcement or interpretation of this Agreement. You agree that other than affiliates or subsidiaries of WCHV, there are no intended third-party beneficiaries of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.