Vendor Information

Terms Of Use

This Terms of Use, which may be updated without notice at any time, is a legal agreement which provides registered and non-registered users with information that they should be aware of before enjoying OurWeddingDay.com and any parts or sections thereof (including but not limited to all content, message boards, vendor contact forms, user profile information, databases, posts, messages, photos and graphics). By submitting your business information and registering with OurWeddingDay.com you acknowledge that you have read and understand this Terms Of Use, and agree to be bound legally to the terms and conditions of The Company.

"The Company" (which includes, but is not limited to OurWeddingDay.com and LIfeStageMedia.Inc.) assumes no responsibility for user's ability to access The Company, or any liability for the failure to store or maintain any user communications or personal settings.

SERVICES

OurWeddingDay.com is a pay-for-performance advertising service that displays business listing information and matches requests (“Leads”) from potential customers ("Buyers") with advertisers ("Businesses" and/or “You” ) that are listed in the business directory. The Company is not involved in the actual transaction between Buyers and Businesses. Consequently, The Company cannot ensure that a transaction between any Buyers and Businesses will occur. Further, if a transaction does occur, The Company has no control over the quality, safety or legality of the item or services sold or rendered.

Businesses agree to assume all responsibility and liability for services. The Company makes no representations with respect to, nor does it guarantee or endorse the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of third party materials, products, or services.

REGISTRATION OBLIGATIONS

Users and Businesses agree to provide true, accurate, current and complete information as prompted by the registration process.

The Company may deny use of service at its sole discretion. Specifically, the following businesses and practices are ineligible to The Company:

Posting surveys, contests, or pyramid schemes including "MLM" or Multi-Level Marketing programs;
Aggregators of Businesses. Those Businesses that can be classified as a directory service, call center, referral network, association, franchiser, portal, search engine or something other than a destination site will be considered an aggregator; Aggregators are also those businesses which direct customers from their own business Web site to another business Web site in order to make a transaction or purchase;
Businesses are strictly prohibited from using The Company to recruit additional members or representatives for their Business.
Businesses are strictly prohibited from re-selling leads they purchase or receive from The Company, nor can they give or transfer these leads to another business.

You agree to grant The Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free (through multiple tiers), sub-licensable right to exercise the copyright, publicity, and database rights. To the extent this information includes personal identifying information, The Company will comply with our Privacy Policy. All Businesses must also agree to honor and abide by OurWeddingDay.com’s Privacy Policy. Please also note that The Company will respond to requests for removal of any personal identifying information collected from its database if contacted directly.

BUSINESS ACCOUNT

Upon approval, You will receive a business account with a username and password ("Your Account"). The Company reserves the right to approve or deny category selections to ensure that the leads provided to You are appropriate. You are solely responsible for all activities that occur under your account, and agree to notify The Company immediately of any unauthorized use of Your Account. The Company will not be liable for any loss or damage arising from Your failure to comply.

All Businesses agree to have their account automatically debited for leads, clicks, and calls delivered based on their service area, category(ies), and lead preferences (filters) criteria that You are responsible for establishing and maintaining.

FEES

All Payments shall be in U.S. Dollars. You agree to pay OurWeddingDay.com the fees associated with any Business Listing plan that You select ("Your subscription"). In order to pursue leads, Your business must make an initial payment that coordinates with Your subscription. This price is listed on OurWeddingDay.com or as told to You by an Account Executive. You agree and understand that Your subscription with OurWeddingDay.com will automatically renew unless You cancel Your Account in accordance with the Termination clause below. If Your Account fails to renew, OurWeddingDay.com retains the right to debit Your Account balance with any appropriate business fees.

BUSINESS CONDUCT

You agree to respond personally and individually to each request and not to use third party automatic response mechanisms containing a standard message and/or a link to another Web site. You may include a link to Web sites operated by parties other than The Company as long as the response is not automated. You also agree to abide by, and conform Your use of information obtained through The Company, to Ourweddingday.com’s Privacy Policy.

You further agree not to use The Company:

for any purpose in violation of local, state, national, or international laws;

in a manner that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;

to transmit, post, or reply to a posting, or make available any information, data, text, files, links, software, chat, communication, or any other materials that are (but not limited to) harmful, illegal, immoral, defamatory, intolerant, disrespectful, malicious, fraudulent, solicitous, discriminatory, or creates a risk to safety or health;

to transmit, post or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation in conjunction with the CAN-SPAM Act, and that The Company is not responsible for any violation;

To impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

to cross-sell other products or services or responding to requests with information that does not directly relate to the Buyer's request;

upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs that might interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or do any other act which causes or contributes to the same. Users accept sole responsibility to any repercussion to doing so, due to violation of this Terms of Use;

to collect or store personal data about others;

to engage in any other conduct that inhibits any other person from using or enjoying OurWeddingDay.com and which negatively affects the user experience.

The Company is not responsible for editing or monitoring any posted content (including Forums), although reserves the right to delete and/or take other action with respect to postings upon request, or which violate this Terms Of Use. Moreover, it is a policy of The Company to take appropriate actions under applicable intellectual property laws.

The Company does not verify the truth or falsity of any Business review or other uploaded content on or in relation to OurWeddingDay.com, and has no responsibility, legal or otherwise, for such content.

TERMINATION

You may initiate a termination of this Agreement at any time either through verbal or written notice via phone at 800-811-4394 or via email at vendors@ourweddingday.com.Your Account is not cancelled until You receive confirmation from an authorized representative of OurWeddingDay.com.

The billing of all accounts is non-refundable, and paid-but-unused balances are also non-refundable

The Company may also terminate or suspend Your Account without prior notice or liability if You breach any of the terms or conditions of this Terms Of Use or for any reason at The Company’s discretion. Upon termination, Your right to use the services and/or access any information about Buyers will immediately cease.

RELEASE

Because OurWeddingDay.com is not involved in the actual transactions between Buyers and Businesses, or in the verification of information provided by Buyers or Businesses, in the event of a dispute or claim, You release The Company form claims, demands, and damages (actual or consequential) of every kind and nature arising out of or in connection with such disputes.

Californian residents waive Civil Code §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."

USE OF BUSINESSES NAME

You acknowledge and agree that The Company shall have a royalty-free, non-exclusive right and license, without any compensation to You, to use, copy, and display the name of Your business in The Company’s promotions, press releases, advertisements, and/or other sales and marketing activities.

SECURITY

Actual or attempted unauthorized use of The Company, or unauthorized or misrepresented use of copyrighted materials or services may result in criminal and/or civil prosecution, including (but not limited to) punishment under the Computer Fraud and Abuse Act of 1986. The Company reserves the right to view, monitor, and record activity on OurWeddingDay.com without notice or permission from You. Any information obtained is subject to review by law enforcement organizations. OurWeddingDay.com will also comply with all court orders involving requests for such information.

REPRESENTATION

You represent and warrant to that You are authorized to enter into this Agreement, either on behalf of Yourself or on behalf of the Business You represent, and fulfill and perform the obligations of a Business specified herein, and You and/or Your Business has all required permits, licenses, and other governmental authorizations and approvals.

GENERAL

The Company is provided to users “AS IS” and without any warranty (whether express or implied) of (but not limited to) merchantability or fitness for a particular purpose, nor any other representations concerning the suitability, reliability or accuracy for any purpose contained therein.

The Company cannot be held liable for any content that is posted by the users to or in relation to The Company.

In some jurisdictions, limitation or exclusion of liability is only permitted where such limitation is fair and/or reasonable. After considering all matters, users agree that the limitations of liability set out in this Terms of Use are fair and reasonable. Any statutory rights users may have under consumer protection legislation remain unaffected.

The sole and exclusive remedy of any users dissatisfied with The Company, its partners or this Terms of Use is the discontinuation of use of The Company, its Partners and its services.

The Terms of Use constitute the whole of the legal contract between user and The Company , and supersede any other communication , written or oral, with regard to the subject matter hereof.

The parties agree to refer disputes of any sort whatsoever arising out of or relating in any way to the subject matter of this agreement to arbitration in New York, administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Nothing in this Clause shall prevent The Company from seeking injunctive relief.

In the event that any term of this agreement is held to be invalid or unenforceable by any arbitration, or other binding decision, the remainder of this agreement shall remain valid and enforceable.

The Company reserves the right to assign this agreement, and to assign, license or subcontract any or all of our rights and /or obligations under this agreement. Users may not (without the written consent of The Company) assign, license or subcontract this agreement or any of their rights or obligations under it.

If any portion of this agreement (or any change to this agreement which may occur without notice and at any time) is unacceptable or will cause a user to no longer be in compliance with the agreement, the user may discontinue The Company’s services at any time. Continued use of or in relation to The Company implies that user have read, accepted and is bound to this Terms of Use.

The Terms of User are only available in English.

The failure of The Company to enforce any right or provision hereof shall not be deemed to be a waiver of any such right or provision.

No third party shall be a beneficiary of the contract created by user’s acceptance of the Terms of Use.

To the extent applicable and appropriate, this Terms of Use shall survive termination.

Last Updated on October 22, 2008