Welcome to thewed.com (the "Website"), a website operated by THEWED LLP (registered at: 447 Broadway, 2nd Floor, 2185 New York, New York 10013), the unique curated list of wedding professional and an online magazine.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY THE WED IN ITS SOLE DISCRETION AT ANY TIME.
1. THE WED is a Neutral Platform
The Site is an innovative community and directory for the wedding industry. THE WED is not a wedding product or service provider , wedding vendor or an agent representative. Site includes “Vendors”(Vendor Members) — professionals, brands, companies and other third parties offering products and services related to Weddings. We and the Site function solely as a neutral venue and digital magazine where customers from outside may find Vendors and may connect for a particular type of service or product. We are not involved in or a party to the actual transaction between customers and Vendors. As a result, We have no control over the quality, accuracy, safety, or legality of the transactions that take place between them, the accuracy of listings, or the ability of Vendors to provide items or services and We or our affiliates are not responsible for the actions or inactions of Vendor Members.
If you are agreeing to the Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Terms and, in such event, “you” and “your” refer to that company or other entity.
As a Vendor you acknowledge that we are in no way responsible for assisting you in finding customers and reaching agreements with them. We are not responsible for assisting you in providing goods and services to customers, nor are we responsible for getting any bookings from brides and grooms. Your membership or subscription to our Services may not be transferred or sold to another party. As a Vendor you must list the true and correct name of your business on the Services, as well as other information including feedback, prizes etc. required for your personal page. If there is a change to that business name, Vendors must promptly update the Services and may need to provide additional documentation for proof of name change. Vendors who engage in the sale of goods and services must have a valid business operations license, as applicable. If you or your company experiences a dissolution, merger or other significant change in personnel (e.g., sale of company), then we, in our sole discretion, have the right to determine whether to keep active, transfer or terminate your account, including all content previously associated with such account.
We may offer different types of paid and free memberships or subscriptions. For instance, we may offer “Portfolio Package” “Limited Package” or unpaid vendor memberships. These unpaid Vendor memberships do not guarantee any advertising placement or other benefits. We reserve the right to modify the terms of or cancel any such unpaid vendor memberships.
If you are a Vendor, you further expressly agree not to:
— Violate any applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services and your listing, shipping, transporting, and solicitation of offers to ship and transport items;
— Include promotional text or endorsements in your storefront name or your storefront picture(s);
— Discourage, either through the Services or otherwise, any Member from hiring other Vendors of the Services; or “Farm” out Member leads (i.e., taking Member leads provided to you and transferring them to others that are not Vendors of the Services).
We reserve the right to suspend any User’s access to the Services and/or cancel the contract of any User that violates these rules.
Membership in THE WED is available only to entities and individuals who are at least the older of 18 years of age and the age of majority in their jurisdiction, and who can form legally binding contracts under applicable law. Our services are not available to minors or to temporarily or indefinitely suspended Members. Membership in the Site is void where prohibited. Your THE WED membership may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. If you are registering as an individual, you represent and warrant that you are at least the older of 18 years of age and the age of majority in your jurisdiction, 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 THE WED, you agree to (i) provide us with accurate, complete information about yourself and to update this information as needed; (ii) abide by all of the terms and conditions of this Agreement; "Portfolio Package” “Limited Package” or unpaid vendor memberships may be offered by THE WED periodically. These unpaid vendor memberships do not guarantee any advertising placement or other benefits. THE WED reserves the right to modify the terms of or cancel any such unpaid vendor memberships.
2. Nondiscrimination Policy
THE WED wants all couples and vendors to feel welcome and included on its Web sites, applications, and tools (the “Properties”).
Accordingly, THE WED prohibits discrimination against couples, guests, vendors, or employees of THE WED based on race, color, religion, sex, national origin, ancestry, disability, marital, family, pregnancy status, sexual orientation, gender identity, gender expression, veteran or citizenship status, age, or any other characteristic protected under applicable federal, regional, state, or local law. Such discrimination includes, but is not limited to, refusing to provide or accept services or any other conduct that improperly takes into account these characteristics.
3. Prohibited Activities
Visitors to and Members of the Site may not:
(a) Impersonate another person or entity
(b) Use the Site to break the law or applicable regulations, encourage others to do so, or offer instructions on how to do so
(c) 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
(d) Conduct any type of sweepstakes, promotion or contest without posting official rules and complying with the Laws
(e) Collect or harvest information about Site Members, including but not limited to use of robots, spiders, or similar means
(f) Use information on the Site to send unsolicited email to Members
(g) Do anything that interferes with or places an undue burden on the Site (as We determine in our sole discretion)
(h) Use the Site if your membership has been temporarily or permanently suspended or revoked
(i) Modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of THE WED Materials except to the extent the foregoing restrictions are expressly prohibited by applicable law
(j) Use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the Website
(k) Access C&C Materials in order to build a similar or competitive website, application or service
(I) Violate any terms of this AgreementViolate any terms of this Agreement
4. Protection of Intellectual Property Content
Our Services contain 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”). Unless otherwise indicated and/or provided pursuant to a third-party license, our Intellectual Property Content is 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 Services, including but not limited to its color combinations, sounds, layouts and designs.
You may use the Services (including any content and materials included on the Services) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Services unless explicitly authorized in these Terms. You may not frame or link to the Services without our prior written permission.
The Services contain trademarks, trade names, trade dress, service marks, domain names or other indicia of ownership (collectively the “Marks”) owned or licensed for use by us, including but not limited to THE WED. 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 the Terms 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 the Terms 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.
5.1 THE WED Materials. Except with respect to Your Content, you agree that, as between you and THE WED, THE WED owns all rights, title and interest in the Website, the Services, and THE WED Materials. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or THE WED Materials.
5.2 Trademarks. THE WED and other related graphics, logos, service marks and trade names used on the Website, in THE WED Materials or in connection with the Services are the trademarks of THE WED and may not be used without permission in connection with any third party products or services. Other trademarks, service marks and trade names that may appear on the Website, in THE WED Materials or in connection with the Services are the property of their respective owners.
5.3 Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Website or the Services.
5.4 Your Content. THE WED does not claim ownership of Your Content. When you as a User post or publish Your Content on or in the Website or the Services, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content, and to allow others to do so as well.
5.5 License to Your Content. By submitting Your Content to any public area of the Website or the Services, you grant THE WED a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, nonexclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content. You acknowledge that we may publish, and you authorize us to publish, your first name, last name (or first initial of your last name) and the state in which you live in association with any Content that you post to public areas of the Website or the Services. You also warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly granted to you the right to grant the license stated above. You agree that you, not THE WED, are responsible for all of Your Content that you Make Available on or in the Website, or the Services, whether publicly posted or privately transmitted.
By using our Services, you agree not to submit for posting to [email protected] any content that you know is incorrect or not current.
You further agree not to post Submitted Content or take any action that:
— May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, any other person or any animal;
— Is fraudulent, vulgar, obscene, unlawful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, is sexually or otherwise harassing or menacing, high-pressure sales tactics, humiliating to other people (publicly or otherwise), libelous, threatening, highly coercive, profane, or otherwise harmful to any Users or in any way violates the Nondiscrimination Policy set forth herein;
— Creates liability for us in any manner whatsoever;
— Violates or possibly causes us to violate any applicable law, statute, ordinance or regulation or encourages criminal conduct;
— Scans or tests the vulnerability or security of our Services or the system within which it operates or involves the upload, or insertion of, any programming language or code into or onto, our Services;
— Contains your personal information that you do not wish to be made public or to be displayed in accordance with the applicable settings that you indicate, or that contains another person's personal information or otherwise invades another's privacy;
— Contains any information (such as insider, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law;
— Advertises the products or services of others or contains links to third-party web sites or solicits business for products or services other than those that are offered and promoted on the Services
— Contains any computer hardware or software, viruses, Trojan horses, worms, spyware, or any other computer programming that may interfere with the operation of our Services or our systems and or create or impose a large burden or load on our Services or systems; or
— Infringes any third party's intellectual property rights including but not limited to copyright, patent or trademark right.
6. Interactions with Other Users
6.1 User Responsibility. You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Services; provided, however, that THE WED reserves the right, but has no obligation, to intercede in such disputes.
6.2 Content Provided by Other Users. The Website, Services, and THE WED Materials may contain User Content provided by other Users. THE WED is not responsible for and does not control User Content. You use all User Content and interact with other Users at your own risk. Your interactions with other Users are solely between you and the other User and we are under no obligation to become involved. You agree that THE WED not be responsible for any liability incurred as the result of such interactions. By agreeing to the Terms you also agree not to discuss any information regarding fees and commissions with other Vendors without getting our signed consent and permission.
6.3 Release. If you have a dispute with one or more Users, you release THE WED and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the "THE WED Parties") from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California 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."
7.1 You agree to pay all fees or charges to your Account, in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide THE WED with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or bank account details ("Payment Provider"), or purchase order information as a condition to signing up for the Premium Services. Your Payment Provider agreement governs your use of the designated credit card or bank account, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. By providing THE WED with your credit card number or bank account and associated payment information, you agree that THE WED is authorized to immediately charge your credit card number or bank account for all fees and charges due and payable to THE WED hereunder and that no additional notice or consent is required. You agree to immediately notify THE WED of any change in your billing address or the credit card or bank account used for payment hereunder. THE WED reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Website or by e-mail delivery to you.
7.2 If, for any reason, any fees you owe Us have not been received or in any manner realized by Us ("Unpaid Fees"), you agree to pay such Unpaid Fees immediately. In addition, We may charge interest, in the amount of 2.0% per month (24% per annum) (or the maximum amount allowed by law), on any unpaid account balance that you maintain. Any partial payments made by Vendors will first be applied to the most recent fees owed to Us, including interest. We reserve the right to waive or reduce the amount of any Unpaid Fees, penalties, or interest at any time. You also agree to pay any attorney fees, and other costs of collection incurred by us with respect to any Unpaid Fees. You also consent and authorize us, in our sole discretion, to make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution. Notwithstanding the foregoing, We agree that we will not charge any late fees or interest to your credit card. we also leave. THEWED reserves the right to remove your page from the site if the fees are not paid on time.
7.3 THEWED’s fees are net of any applicable sales or use tax. If any Premium Services, or payments for any goods or services, under this Agreement are subject to sales or use tax in any jurisdiction, Customer will be responsible for payment of such sales tax, and any related penalties or interest and will indemnify THEWED for any liability or expense THEWED may incur in connection with such sales or use tax.
8. Right to Reject or Remove Members
We reserve the absolute right to reject your participation, or remove you from your current participation, in the 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; your creation, maintenance and/or management of more than one account; your non-payment in full any Unpaid Fees; any attempt by you to improperly influence, or cause another to improperly influence the feedback of customers; or any attempt by you to harass, or cause another to harass, or have inappropriate communications with a Vendor.
9. Petition for Reinstatement
Upon your removal from the Site, you may petition for reinstatement. Your petition for reinstatement must include the following: (i) a written statement as to why you should be reinstated and (ii) your contact information, and should be emailed to [email protected]. Your Petition will be reviewed at our discretion and any determination as to your reinstatement will be based on our sole judgment. Your submission of a petition does not, in any manner, guarantee, that you will be reinstated and We specifically disclaim any and all representations with respect to any such guarantee. We will contact you as to our decision to reinstate you. We are not obligated to give you any reason or basis as to our decision. You understand that any decision as to reinstatement may be a simple, yes or no. All decisions are final.
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 may 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.
We always want to receive messages and feedback from Site Members and welcome any comments regarding the Site. However, please be aware that any ideas, suggestions, comments or proposals you send to Us (collectively, "Submissions") are non-confidential, shall automatically become the sole property of THE WED, and you hereby assign all right, title and interest in such Submissions. To the extent Submissions cannot be assigned to THE WED, you hereby grant and agree to grant to THE WED all rights needed for THE WED to incorporate and commercialize the Submissions at no charge or encumbrance to THE WED and you agree that THE WED may disclose the Submissions to any third party in any manner and you agree that THE WED has the ability to sublicense all Submissions in any form to any third party without restriction. THE WED shall own all rights therein, including all intellectual property rights. THE WED 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.
Remedies for use of our Site that violate this Agreement include, but are not limited to, the immediate termination of your membership, notifying our Members of your actions, issuing a warning (including a public warning), temporarily suspending your membership, monetary compensation, and injunctive relief.
You agree to indemnify and hold THE WED and our affiliates, officers, directors, shareholders, agents, 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.
14. 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 Vendors. THE WED 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 THE WED. Because THE WED 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.
15. 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.
THE WED uses industry standard practices to protect your personal information, including firewalls. We utilize several different security techniques to protect data from unauthorized access, but, Except as specified in a Terms of Purchase, We cannot guarantee the security of our system. Except as specified in a Terms of Purchase, 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.
The parties have expressly agreed that this agreement and all ancillary agreements, documents or notices relating thereto be drafted solely in the English language.
Users of the sites and applications that are part of the Site may be able to adjust the manner or amount of information that is publicly disclosed or shared with third parties by adjusting privacy settings (the "Privacy Settings") within those sites or applications.
RETURN POLICY AND REFUNDS
As a member of THE WED you will be responsible for payment of the applicable fee for any services at the time you request or renew such services. The refund is only available for vendors before their personal page is open on thewed.media. Once the profile is live, no refunds are available.
NOTIFICATION OF CHANGES
INFORMATION WE GATHER
Automatically Gathered Information
Email to Friends Feature and Referral Program
We let THE WED viewers easily connect Vendors Profiles to friends/affiliates via email. THE WED also offers the ability to send friends/affiliates emails to THE WED. If you choose to use either feature, we will use your email address to copy you on the message or to send on the email your behalf, and you hereby grant permission for such use.
We may collect and store information about your use of the Site, such as the terms that you search for, the pages or screens that you view, and the activities that you conduct on or using the Site, including which vendors you review, list as favorites or booked or call or contact using the Site and how you conduct those activities (collectively, "Site Activity"). Site Activity may include actions that we are able to collect or infer using Automatically Gathered Information.
HOW WE USE AND DISCLOSE INFORMATION
Site Transactions and Administration
We may use your information (including Personal Information and Automatically Gathered Information) for our own internal purposes, including but not limited to contacting you via email or telephone to inform you about updates to our Services and providing you with information relating to e-commerce transactions that you conduct on the Site. We also reserve the right to disclose your information as described in the paragraphs below.
Site Vendor Catalog
Co-Branded or Partnered Services
We may enter into co-branding or partnering relationships with third-party Web sites and companies to provide products and Services to our Users or to such third parties' users. We may share your Personal Information, including User ID, with certain third-party service or product providers as required to provide a specific product or service that you request from a co-branded page or co-branded site.
THE WED’s Contractors
We may disclose information about you if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or legitimate legal process or law enforcement instructions, investigations and orders, including subpoenas or warrants served on us; or (b) protect or defend Our rights, property, privacy or safety, our affiliates, you or others
We may create Anonymous Information records from Personal Information by excluding information (such as names) that makes the information personally identifiable to you. We may use this Anonymous Information for any purpose including to analyze inquiry, request and usage patterns so that we may enhance Services and the Site. We reserve the right to use and disclose Anonymous Information to third parties in our discretion. "Anonymous Information" means information that is not associated with or linked to your Personal Information.
THE WED Website is designed and intended for use by adults. We do not intentionally gather Personal Information about persons who are under the age of 18.
THE WED Community Guidelines
The purpose of the THE WED Community Guidelines are to make the Community a safe and enriching place for all users. We encourage our members to be welcoming to all members, offer honest and supportive advice, and share ideas to improve the wedding planning process. Members of the Community conduct themselves with a high degree of integrity, decency, and respect in order to ensure that all Community voices can be heard and everyone can find the support and information they need.
It is expected that everyone who chooses to participate in the THE WED Community will hold themselves and each other to these Guidelines and ideals in order to foster a helpful, fun, and supportive Community for all.
Be positive, respectful and inclusive.
— This community should be a safe space for all - offensive or explicit content and swearing are not allowed.
— This is an inclusive community - you may not post anything that is abusive, threatening, slanderous, profane, disrespectful or belligerent against any individual or groups of individuals for any reason.
— Stay positive and respectful, even when you disagree. Debates about ideas are fine; critiquing other people is not.
— Duplicate content is not allowed.
— People under the age of 18 are prohibited from participating in the Community.
— Commercial content including buying, selling, and advertising, is not allowed in the Community. Soliciting, including votes, participation in surveys, and market research is also not allowed.
— Present yourself honestly. You may not falsely claim credentials or expertise that you do not possess, or impersonate another user or person. Additionally, do not share anything which exposes the personal information of another member without their consent.
These guidelines apply to all posts, account images, usernames, photos, videos, and all communication with THE WED employees.
These are general guidelines applicable to our Community. THE WED reserves the right to evaluate postings on a case-by-case basis and to take any action THE WED, in its sole discretion, deems appropriate regardless of whether such guidelines are explicitly set forth herein.
Any violations of these Community Guidelines can result in the loss of posting privileges. In most cases, you will be able to log in to use your THE WED account and use other planning tools but will be unable to post in the Community. In severe cases, you may lose all THE WED access.