Terms Of Service
Welcome to The Wedding Colony. By visiting or using the Services available from the domain and sub-domains of www.TheWeddingColony.com (the “Site”) you are contractually agreeing to the following terms and conditions, including those available by hyperlink (collectively, the “Terms of Service” or “Agreement”). We suggest that you consult the Terms of Service and the linked information regularly for updates. We reserve the right to revise the Terms of Service and all linked information from time to time in our sole discretion by updating this posting or any linked information. Unless otherwise provided in such revision, the revised terms will take effect when they are posted.
As used in the Terms of Service:
“Buyer” means a Member that investigates and purchases Provider Services from Service Providers located by use of the Site. “Member” means a person or legal entity that registers for an Account with The Wedding Colony for use of Services available from the Site, or a person who is using the site with authorization of and on behalf of a Member.
“Service Provider” means a Member that offers and delivers Provider Services to Buyers located by use of the Site.
“User” or “you” means a Visitor or Member.
“Visitor” means a person who is only visiting the Site (i.e., not a Member).
MEMBER ELIGIBILITY Our Services are available only to legal entities and individuals in business who can form legally binding contracts. Use of and membership in the Services (as defined below) is void where prohibited. To register for an Account with The Wedding Colony and become a Member, you must accept all of the terms and conditions in, and linked to, the Terms of Service. The Wedding Colony reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone.
YOUR ACCOUNT To become a Member and use the services available from the Site you must register for an "Account". You will provide true, accurate and complete information as prompted by the registration form, and update such information to maintain its truth, accuracy and completeness. The Wedding Colony may suspend or terminate your Account if information you provide is not complete or accurate. You agree to safeguard the User ID and password you use to access this Site. You authorize us to assume that any person using the Site with your User ID and password either is you or is authorized to act for you. Further, your The Wedding Colony Account (including feedback) and User ID may not be transferred or sold to another party.
SCOPE OF SERVICES The Site delivers the following services (“Services”):
The Site is an interactive venue where: (1) Buyers can define and source projects ("Projects") and look for and engage Service Providers directly; (2) Service Providers can advertise their capabilities, bid on Projects, look for consulting opportunities, and provide Services directly to Buyers; (3) Members may make use of an online wedding album (the “Wedding Album”). The Services include the Site and any other features, content, or applications offered from time to time by The Wedding Colony. “Provider Services” means all Projects and any other Services delivered by Service Providers to Buyers. Provider Services are delivered independently by Service Providers, with no warranty of any type express or implied by The Wedding Colony.
FEES You acknowledge that The Wedding Colony reserves the right to charge for the Services and to change its fees from time to time in its discretion. If the Wedding Colony terminates your membership because you have breached the Agreement, you shall not be entitled to a refund of any unused portion of such membership or subscription fees. Different parties may pay differing fees for their use of the Services. Accordingly, you agree to pay all fees applicable to your use of Services, and you agree not to circumvent The Wedding Colony fee structure, all in accordance with the terms of the Agreement. LEGAL RELATIONSHIP Contracts Between Service Providers and Buyers By registering as a Member, you acknowledge and agree that you contract directly with other Members of the Site to buy or sell Provider Services. The Site functions as a venue to connect Service Providers with Buyers in a virtual marketplace. The Wedding Colony is not involved in the contracting between Service Providers and Buyers, or in the Service Providers’ delivery of services to Buyers. We have no control over and do not guarantee the quality, safety or legality of Services advertised, the truth or accuracy of listings, the qualifications, background, or abilities of Site Members, the ability of Service Providers to deliver Services, the ability of Buyers to pay for Services, or that a Service Provider or Buyer will actually complete a transaction. All rights and obligations for the purchase and sale of any Project Services are solely between Service Providers and Buyers. Each Service Provider and Buyer must look solely to the other for enforcement and performance of all the rights and obligations pursuant to the transactions it entered into with the other on the Site, and any other terms, conditions, representations, or warranties associated with such dealings.
Upon acceptance of a bid, Buyer agrees to purchase the Services and Service Provider agrees to provide the Services according to the terms of the final bid or other terms agreed to by the parties.
Taxes, Reporting and Legal Responsibilities Each Member is solely responsible for satisfying all income tax, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of Services from and by independent contractors.
Directory of Service Providers The Site contains a directory of Service Providers. The directory is populated with information from third party sources and from Service Providers themselves. The Wedding Colony provides this directory as a convenience and does not confirm or verify the information contained in it.
Third Party Content, Verification and Monitoring The Wedding Colony makes available to Members on the Site various Services provided by third parties (“Verification Service Providers”) to verify a Member’s identity or credentials. The Wedding Colony has no editorial control over such content. The Wedding Colony is not responsible for and does not monitor content for accuracy or reliability. Any opinions, advice, statements, Services, offers or other information or content express or made available by third parties, including information providers, Members and Verification Service Providers, are those of the respective author(s) or distributor(s) and not of The Wedding Colony. The Wedding Colony neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on this Site by anyone other than authorized The Wedding Colony employees acting in their official capacities. The Wedding Colony does not confirm or verify if a Service Provider claiming to be a professional or claiming to be qualified to provide professional advice is in fact licensed or otherwise qualified to provide the Services or advice being requested.
Links The Site may contain links to other Web sites or resources. You acknowledge and agree that The Wedding Colony is not responsible or liable for: (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at your own risk.
No Agency The Terms of Service and any registration for or subsequent use of this Site will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and The Wedding Colony.
Access and Interference The Site contains robot exclusion headers. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Site) from the Site without the prior express written permission of The Wedding Colony and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (d) bypass any measures we may use to prevent or restrict access to the Site or any subparts of the Site.
WARRANTY DISCLAIMER THE SERVICES PROVIDED HEREUNDER AND THE INFORMATION CONTAINED ON THE SITE WHETHER POSTED BY THIRD PARTIES, USERS, OR THE WEDDING COLONY, ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED IN THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
RELEASE If you have a dispute with another User, you release The Wedding Colony (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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 dispute. You hereby waive California Civil Code §1542 (and any analogous law in any other applicable jurisdiction), 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.”
INDEMNITY You agree to defend, hold harmless and indemnify The Wedding Colony from and against any and all losses, costs and expenses (including reasonable attorney’s fees and costs of investigation), damages or other liabilities incurred by The Wedding Colony from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against The Wedding Colony: (a) in connection with your use of the Services including any payment obligations incurred through use of the Services; or (b) resulting from: (i) your use of the Site (ii) your decision to supply credit information via the Site, including personal financial information; (iii) your decision to submit postings and accept offers from other Members; (iv) any breach of contract or other claims made by Members with which you conducted business through the Site; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any User; (viii) any act or omission of yours with respect to the payment of fees to any Service Provider; (ix) your dispute of or failure to pay any invoice or any other payment; and/or (x) your obligations to a Service Provider. We shall be entitled to conduct any defense and retain legal counsel of our choice. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
INTELLECTUAL PROPERTY License and Site Access Subject to and conditioned on your compliance with the Terms of Service, The Wedding Colony grants you a limited license to access and, if you are a Member, to use this Site internally for the purpose of ordering and receiving the Services available and authorized from this Site. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this Site in any way for any public or commercial purpose without prior written consent of The Wedding Colony or the owner of such content (if not The Wedding Colony). You must not use any content of this Site on any other Web site or in a networked computer environment for any purpose except your own internal viewing. You will not attempt to reverse engineer or attempt to interfere with the operation of any part of this Site. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by The Wedding Colony.
Reservation of Rights; Limited Licenses The Wedding Colony and its licensors retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site. The Wedding Colony logo and name are trademarks of The Wedding Colony, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the Site may be the trademarks of their respective owners.
Except as expressly stated above, nothing in the Terms of Service confers any license to any of The Wedding Colony or any third party’s intellectual property rights, whether by estoppel, implication or otherwise.
RESOLUTION OF DISPUTES BETWEEN MEMBER AND THE WEDDING COLONY If a dispute arises between you and The Wedding Colony, our goal is to resolve such dispute quickly and cost effectively. Accordingly, you and The Wedding Colony agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the Services (a “Claim”) in accordance with this section entitled “Resolution of Disputes Between Member and The Wedding Colony.” Before resorting to these alternatives, you agree to first contact us directly to seek a resolution by going to customer service. See the section entitled “Customer Service” for more information.
Law and Forum for Disputes The Terms of Service are governed in all respects by the laws of the State of California without giving effect to any principle that may provide for the application of the law of another jurisdiction. You agree that any claim or dispute you may have against The Wedding Colony must be resolved by a court located in Los Angeles County, California, or as described in the Arbitration Option paragraph below. You hereby submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes. Any cause of action you may have with respect to this Site must be commenced within 30 days after it arises, or the cause of action is barred.
Arbitration Option For any claim arising between you and The Wedding Colony (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.
Improperly Filed Claims Should you file a claim contrary to this section entitled “Resolution of Disputes Between Member and The Wedding Colony,” The Wedding Colony will be entitled to recover attorneys’ fees and costs up to $5,000, provided that The Wedding Colony has notified you in accordance with the Terms of Service of the improperly filed claim, and you have failed to promptly withdraw the claim.
TERMINATION This Terms of Service Agreement shall become effective upon your acceptance or your use of the Site, and shall continue until terminated by The Wedding Colony or you as provided for under the terms of this Section.
Unless otherwise agreed to in writing between the parties, either party may terminate the Agreement at any time upon written notice to the other party. In such event, (i) you may no longer be a User of the Site or any of The Wedding Colony Services; and (ii) you shall continue to be obligated to pay The Wedding Colony and any Service Providers for any Services for which you have engaged from The Wedding Colony or such Service Providers in order to complete any such transactions.
Without limiting any other remedies of The Wedding Colony, we may issue a warning, temporarily suspend, indefinitely suspend or terminate your registration and refuse to provide any Services to you if: (a) you breach any terms and conditions of the Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause liability for you, our Users or for The Wedding Colony. Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the Site under the same Account, a different Account or re-register under a new Account.
Without limiting any other remedies of The Wedding Colony, to the extent you engage in actions or activities which circumvent the Site or otherwise reduce fees owed to The Wedding Colony under the Terms of Service, you will pay The Wedding Colony for all fees owed to The Wedding Colony and reimburse The Wedding Colony for all losses and costs (including any and all The Wedding Colony employee time) and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.
When your membership is terminated, you may no longer have access to data, messages, files and other material you keep on the Site. The material may be deleted along with all your previous posts and bids. Even after your membership is terminated, the Terms of Service will remain in effect, including the entitled “Warranty Disclaimer,” “Limitation of Liability,” “Release,” “Indemnity,” “Intellectual Property,” “Notices and Communications,” “Resolution of Disputes between Member and The Wedding Colony,” “General,” “Audit Provisions and Record Keeping”, “Fees”, “Billing Policy”, and “Project Fees” will survive termination of this Agreement.
DISCLOSURES The Wedding Colony, LLC, located in 10940 Wilshire Blvd. 6th Floor, Los Angeles, California 90024, is the provider of the electronic commercial service on this Site. Members are notified, via this Site, in advance regarding any applicable service charges. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 1625 N. Market Blvd., Sacramento, CA 95834, or by calling 1-800-952-5210 for callers in California, and 1-916-445-1254 for callers outside California. Upon your request, you may have this Agreement sent to you by email. Please feel free to contact The Wedding Colony to resolve a complaint regarding any aspect of service relating to this Site by writing to the above address, or contact us at Customer Service.
GENERAL You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site may not be legal for or by certain persons or in certain countries. The Wedding Colony will not be considered to have modified or waived any of our rights or remedies under the Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of The Wedding Colony. No delay or omission by The Wedding Colony in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. If any part of the Terms of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect. You will not transfer, assign or delegate your rights or obligations (including your Account) under the Terms of Service to anyone without the express written permission of The Wedding Colony, and any attempt to do so will be null and void. The Wedding Colony may assign this Agreement in its discretion.
Except for the payment of fees to The Wedding Colony, neither of the parties to this Agreement shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
The boldface paragraph headings in the Terms of Service are included for ease of reference only and have no binding effect. The Terms of Service and all documents referenced in the Terms of Service comprise the entire agreement between you and The Wedding Colony with respect to the use of this Site and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Web site that link to or are linked from this Site.
COPYRIGHT POLICY Removal of Material for Which Copyright Infringement is Claimed Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act, The Wedding Colony has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed by a user of the Services available at the domain and sub-domains of www.WeddingColony.com, please fill out a Notice of Infringement form and fax it to The Wedding Colony Copyright Infringement Notices at 310-861-8080. The information requested by the Notice of Infringement form substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), which provides: To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site. 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. 4. Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted. 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law. 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent. Please provide a Notice of Infringement form each time you wish to report alleged acts of infringement and fax it to the number provided.
BILLING POLICY Credit card charges Service Providers shall maintain a valid credit card file on account with The Wedding Colony with sufficient credit limits to complete payment of Project Fees that may be due to The Wedding Colony from time to time. For more details, please see the section entitled “Project Fees”.
Currency All billing shall be in US Dollars and therefore The Wedding Colony is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than US Dollars.
DISPUTE RESOLUTION For any dispute arising between Buyer and Service Provider (excluding disputes involving claims for injunctive or other equitable relief), Buyer and Service Provider will pursue resolution of the dispute in accordance with the following steps (“Dispute Resolution Process”). Buyer and Service Provider shall use their best efforts to resolve disputes. In the event that Buyer and/or Service Provider are unable to resolve the dispute, they may ask for The Wedding Colony to assist. In its sole discretion, The Wedding Colony may choose to or decline to assist in resolving the dispute. In the event that The Wedding Colony chooses to assist in resolving the dispute, all parties to the dispute acknowledge and agree that there is no guarantee that The Wedding Colony will successfully resolve the dispute to the satisfaction of the parties involved and that the Warranty Disclaimer, Limitation of Liability, Release, and Indemnity provisions of the Terms of Service shall be fully applicable.
POSTING INFORMATION OR CONTENT You agree to provide true, accurate and complete information whenever you post any information or content on the Site (including but not limited to posting a request for Services, bidding on a posted project, posting your profile and providing feedback). You agree to use good judgment when posting information, remarks or other content regarding other Users, Members, Buyers, Service Providers, The Wedding Colony or any other third party. You understand that you may be held legally responsible for damages suffered by other Users, Members, Buyers, Service Providers, The Wedding Colony or any third party as a result of legally actionable or defamatory comments, remarks or other information or content which you post to the Site. Under federal law (specifically, the Communications Decency Act of 1996), The Wedding Colony is not legally responsible for any remarks, information or other content posted or made available on its Site by any User or third party, even if such information or content is defamatory or otherwise legally actionable. The Wedding Colony is not responsible for and does not monitor or censor content for accuracy or reliability. However, The Wedding Colony reserves the right to remove or restrict access to any information or content posted or made available on the Site if ordered to do so by a court, or if The Wedding Colony considers such information or content to be in violation of the Terms of Service or Site Policies. You agree NOT to do any of the following on the Site: • Post any project, submit any bid or proposal, or otherwise use The Wedding Colony to transmit any content or conduct any transaction that would violate any applicable law or regulation. • Post any projects that are fake, posted without the intention to award or complete the project or posted only to receive pricing information. • Post any projects that offer commission or equity compensation. • Post any projects that request free Services unless the Buyer is a charitable, non-profit, religious and educational organization within the meaning of Section 501(c)(3) of the Internal Revenue Code. • Post any project, bid, proposal, deliverable or transmit any content that infringes a third party's intellectual property rights, license rights, the terms and conditions of use of such third party’s Web site or copyrighted materials or such third party’s rights of publicity or privacy. • Post any project, bid, proposal, deliverable or transmit any content related to or containing any adult or sexually explicit material. • Post projects related to bulk email or spam, including but not limited to bulk email hosting, scripts, active code, programs, proxies, lists and relay servers. • Post advertisements, solicitations or offers of full-time employment, other than as expressly allowed pursuant to the Terms of Service. • Post false or misleading information about a product, service or service request. • Post logos, seals or slogans from third parties on the Site unless such material is provided by The Wedding Colony or a The Wedding Colony partner, or you have received express written permission from The Wedding Colony to display such third-party logo, seal or slogan. • Post or transmit any content that is profane, vulgar, racist, offensive, threatening, harmful, abusive, defamatory or disparaging. • Post or transmit unprofessional or offensive comments about a User, Member, Service Provider, Buyer, The Wedding Colony or any third party. • Post any project, submit any bid or proposal that violates, or has the potential to violate, the integrity of academic and professional applications, tests and work; for example by passing off the skills, ideas or words of another as one's own; using another's production or content without crediting the source; presenting as new and original, ideas or products derived from an existing source; presenting fabricated facts, persons or sources as real. • Suggest or solicit another User to contact you directly in order to buy or sell Services outside of The Wedding Colony. • Access, tamper with or use non-public or non-authorized areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution. • Tamper with postings of other Users, Members or The Wedding Colony. • Solicit or gather any User's or Member’s information available from the Site, such as other Usernames and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, junk mail, spam or chain letters. • Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Site. • Use robots, spiders, scrapers or other automated means to access information in our Site for any purpose without express written permission from The Wedding Colony. • Post or introduce software on the Site that: (i) is designed to disrupt, disable, harm or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of this Site or any other software, firmware, hardware, computer system or network (sometimes referred to as “viruses” or “worms”); (ii) would disable or impair this Site or any other software, firmware, hardware, computer systems or networks in any way where such disablement or impairment is caused by the elapsing of a period of time, exceeding an authorized number of copies, advancement to a particular date or other numeral (sometimes referred to as “time bombs,” “time locks” or “drop dead” devices); (iii) would permit you or any other person to access this Site or any other software, firmware, hardware, computer systems or networks to cause such disablement or impairment or transmit information (sometimes referred to as “traps,” “access codes,” or “trap door” devices, or “spyware”); or (iv) which contains any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such programs to cease functioning or to damage or corrupt data, storage media, programs, equipment or communications or otherwise interfere with operations. • Post projects that violate the Terms and Conditions of other companies. • Frame [or link] to the Site except as permitted in writing by The Wedding Colony. • Impersonate or misrepresent your affiliation with any person or entity. • Repeat any action after you receive warning or request to desist from The Wedding Colony, whether or not that action is explicitly prohibited in the policies stated on the Site. • Fail to respond to an email from The Wedding Colony regarding violation, dispute or complaint within two business days. • Use the Site if you are not able to form legally binding contracts, are under age or are temporarily or indefinitely suspended from our Site. • Take any action that may undermine the feedback or ratings systems (such as importing or exporting feedback information off the Site, or using feedback as an extortion mechanism). • Copy, modify or distribute content from the Site, except for your own information and use, without the prior express written permission from The Wedding Colony. • Violate any other policies stated on the Site.
Violation of these rules may result in suspension or termination of your Account, in addition to all other remedies available to The Wedding Colony or other Users or Members. If you are aware of a potential violation, please contact Customer Service. In order to operate the Site, The Wedding Colony must have certain rights. Consequently, when you post information, text, files, links, attachments, software or other materials to publicly visible areas of the Site, you are granting, or warranting that the owner of such Content has expressly granted a royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, transmit, distribute, perform, display and delete such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology now known or later developed, throughout the universe.
USER OBLIGATIONS You agree to: (a) abide by the Terms of Service and Site Policies, and the processes and procedures described throughout the Site; (b) be financially responsible for your use of The Wedding Colony and the purchase or delivery of Services; and (c) perform your obligations and complete the transaction as specified by the terms of your project or order, your bid or proposal or your agreed business terms, whichever is more recent, unless such transaction is prohibited by law or by the Terms of Service and Site Policies. Upon acceptance of a bid proposal, you agree to purchase the Services if you are a Buyer, or provide the Services if you are a Service Provider, in accordance with the terms agreed to by the parties, subject to any mutually agreed increase or decrease in project scope. If the scope of the Services to be provided increases beyond the initial scope on the date of acceptance and the billings for the project are larger than initially reported, you agree to report the higher amount to The Wedding Colony and understand that The Wedding Colony Project Fee will increase proportionally.
POSTING PROJECTS The Wedding Colony allows Buyers the ability to post projects with no fee for Service Providers to view and bid on.
Project Guidelines You agree to utilize the following project guidelines: • Post projects with clear scope, well-defined deliverables and required time frames. Do not hesitate to contact Customer Service for assistance with posting a project. • Answer clarifying questions from Service Providers and update the project description. • Evaluate multiple proposals against criteria important to you such as a Service Provider’s work experience, education, portfolio, certifications, references, feedback from prior Buyers, location, communication style and cost. • Accept a proposal only when it has a clear statement of work, well-defined deliverables and milestones, precise timeframes and payment terms. • Ask the Service Provider to utilize the Business Terms and Change Order features found in My Wedding to define key milestones and payment schedules. • Ask for full contact information, for example telephone, and address information, of the other party once a bid proposal has been selected. • Ask for the Service Provider’s office hours and standard response times. • Once you have awarded your project, use My Wedding to manage the project to maintain an electronic record of all written communication between you and the Service Provider around scope, deliverables, milestones, timeframes, price, feedback, revisions, schedule changes, vacations, availability, delays, acceptance of deliverables and completion of milestones. In the event of a dispute, all written communication on The Wedding Colony, including project post, proposals and bids, business terms and communication will serve as the statement of record. • After the project is completed, leave objective, balanced ratings and feedback. • If the Service Provider does not complete the project, leave objective, balanced ratings and feedback.
COMMUNICATION The Wedding Colony encourages open, complete and professional communication between Buyers and Service Providers. Buyers and Service Providers can use My Wedding, as well as email and telephone to clarify project descriptions, scope or any specific requirements. Open communication helps Service Providers develop relevant proposals and Buyers make informed award decisions. You are required to use My Wedding to manage projects to maintain an electronic record of all written communication including clarifications and agreements around scope, deliverables, milestones, timeframes, price, feedback on deliverables, requests for revisions, acceptance of deliverables and completion of milestones.
The buyer is interested in having as many Service Providers bid on their project, this will create a competitive environment that allows the buyer to get the best pricing for the services they are shopping for, The Wedding Colony is interested in assisting the buyer receive as many bids as possible, The Wedding Colony on its sole discretion might assist the buyer with such communication. The buyer upon registering fully agrees and thereby requests that The Wedding Colony on the buyers behalf would use all communication mediums including but not limited to e mail, mail, fax and phone to invite Service Providers to bid on the buyer’s projects, some of those Service Providers may not yet be registered on The Wedding Colony, the buyer upon registering on The Wedding Colony requests and agrees that an invitation by The Wedding Colony to a non-registered Service Providers constitute an invitation by the buyer to personally invite the Service Providers to bid on a project he/she is posting thereby creating an opportunity for a potential business relationship between the buyer and service providers, The Wedding Colony in this case will act as intermediary to rely the buyers wishes to Service Providers in a manner consistent with the buyer directly communicating with the Service Providers for the purpose of requesting a proposal for their various wedding needs, and the communication will be considered by both buyer and Service Providers as a personal (consumer to business) communication from the buyer not a commercial business to business communication.
The Service Provider whether registered or not will fully understand that a communication by The Wedding Colony for the purpose of requesting a proposal on behalf of a buyer constitutes a request to potentially provide business services, and is no different than if the buyer was to communicate with Service Provider directly to request a proposal, since The Wedding Colony does not charge a Service Providers for biding on a project, such communication is considered purely a request for a business relationship by a consumer (the buyer) and The Wedding Colony is simply assisting the buyer with such communication.
RATING AND FEEDBACK SYSTEM You acknowledge and agree that the Site will contain public feedback from Users with whom you have transacted. You acknowledge that feedback results for you may consist of comments and ratings left by other Users and that The Wedding Colony may calculate a composite feedback number based on these individual ratings. Service Providers agree to be rated by Buyers along several criteria, as determined by The Wedding Colony. The Wedding Colony provides its feedback and rating system as a means through which Users can express their opinions publicly, and The Wedding Colony does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless a User brings the posting to The Wedding Colony attention. You may be held legally responsible for damages suffered by other The Wedding Colony Users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. Under federal law, The Wedding Colony is not legally responsible for any feedback or comments posted or made available on this Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. You agree to report violations or abuses of our rating and feedback system immediately by contacting Customer Service, and agree not to take any actions that undermine the integrity of the feedback system, including but not limited to the following: • Leaving fake feedback for yourself or another User or Member such as using a secondary Username or other The Wedding Colony members to artificially raise the level of your own feedback or create negative feedback for another User or Member. • Feedback threats such as demanding another User or Member to perform a task by threatening to leave negative feedback or withholding deliverables or funds until another User or Member agrees to leave positive feedback or no feedback. • Feedback solicitation such as offering to sell or buy Services in exchange for good feedback, trading feedback undeservedly or buying feedback. In order to protect the integrity of the feedback system and protect Users from abuse, The Wedding Colony will consider removing feedback under the following scenarios: • Feedback or information posted seeks to elicit or solicit any User's contact information, such as other Users' email addresses, for any non- The Wedding Colony related commercial or business purposes, or to transmit any unsolicited advertising, "junk mail," "spam," or "chain letters." • Feedback or information posted contains language that is profane, vulgar, racist or contains adult material. Insulting or inflammatory feedback is strongly discouraged but will not be removed. • Feedback or information posted is shown to have been left by any User who is in violation of The Wedding Colony’ Eligibility requirements, or by or for a User who has conducted any fraudulent transaction. • Feedback or information posted is not directly related to transactions conducted through The Wedding Colony. • Feedback or information posted makes any reference to actions taken or purported to be taken by The Wedding Colony or any law enforcement organization. • When The Wedding Colony is provided with a ruling or settlement agreement from a valid and certified dispute resolution service, or is provided with a court order finding that the disputed feedback is slanderous, libelous, defamatory or otherwise illegal. • The User who left feedback provided The Wedding Colony with false contact information during the transaction period (as verified by The Wedding Colony) and cannot be contacted by The Wedding Colony. • The User who left feedback is participating in a The Wedding Colony transaction with the intent of leaving feedback as part of a campaign to harass The Wedding Colony member(s) (as verified by The Wedding Colony). • Negative feedback that was intended for another User only when the User responsible for the mistaken feedback contacts The Wedding Colony and places the same feedback for the appropriate User. This does not apply to feedback that was mistakenly marked negative instead of positive or vice versa, in which case the User can contact Customer Service to file a feedback review request.
PROVIDING SERVICES If you wish to provide professional Services through The Wedding Colony, you must complete the Service Provider registration process and select an appropriate membership program. You agree to provide true, accurate, complete information and to update such information to maintain its truthfulness, accuracy and completeness. The Wedding Colony considers true and accurate location only the primary place from which your Services are rendered. Misleading information about your location, including, but not limited to, using a satellite location in another country, is not allowed on The Wedding Colony. At the beginning of your membership application, and from time to time thereafter, your Account may be subject to verification as well as editorial and feedback reviews. The Wedding Colony can suspend or terminate your Account upon the discovery that any information you provided or posted is not complete or accurate, or as a result of other violations of the Terms of Service and Site Policies.
Bid Proposal Guidelines You agree to utilize the following bid proposal guidelines: • Bid only on projects that you are a good fit for and you can complete within the Buyer’s time frames. • Help the Buyer clarify his or her needs and fully develop the project scope and deliverables. • Write a specific, detailed proposal with clear scope, deliverables and milestones. • Set expectations that you can meet or exceed. • Specify payment terms that tie to the completion of milestones.
When submitting your bid proposal you agree to: • Submit an accurate bid proposal reflecting your understanding of the scope of the project and the amount of time/effort you plan to commit in order to provide high Buyer satisfaction. • Submit a new bid/proposal when needed to reflect any changes to price, delivery date or approach, prior to the end of the bidding period. • Not submit unreasonably low bids or test bids. If you do not have sufficient information about the project, post a message through the “ask the Buyer” feature and request more information, indicating your assumptions regarding the project scope in your bid and making explicit that you will update the bid once you receive more information, or do not submit a bid on the project. • Not submit proposals or bids that are made with the intent to commit fraud. Doing so will result in immediate termination of your membership. • Not submit boilerplate, placeholder or generic bids. • Not offer your Services in exchange for good feedback or for free. • Respond promptly, within one business day, to messages from the Buyer. • Respond promptly, within one business day, to any inquiry from Customer Service.
Violation of these guidelines may result in suspension of your Account. If you are aware of a potential violation, please contact Customer Service.
Project Fulfillment Guidelines You agree to utilize the following project fulfillment guidelines: • Once you have been awarded a project, use My Wedding to manage the project to maintain an electronic record of all written communication between you and the Buyer around scope, deliverables, milestones, time frames, price, feedback, revisions, schedule changes, vacation, availability, delays, acceptance of deliverables and completion of milestones. • Inform the Buyer of your office hours and committed response time. • Inform the Buyer if a committed deliverable will be missed, offering an explanation and proposing a revised date. • Inform the Buyer if you will be unavailable for more than one business day. • If you are unable to complete the project, alert Customer Service so that The Wedding Colony is aware of the situation and can offer assistance to the Buyer. • Respond promptly, within 1 business day, to all project-related communication, whether from the Buyer or from The Wedding Colony. • Ask that Buyers leave feedback on the Site’s rating system after the work is completed and report any rating system violation by contacting Customer Service. • After the project is completed, leave objective, balanced ratings and feedback.
PROJECT FEES The Wedding Colony charges Service Providers a Project Fee of 7.43% of the greater of: (a) the total amount you receive for your Services from the Buyer; (b) the bid amount accepted by the Buyer; provided, however, the minimum Project Fee in any case shall be $10.
The Project Fee is charged to your Account each time a transaction between a Buyer and a Service Provider is completed on The Wedding Colony. The Project Fee will be charged to your credit card account twenty-one (21) days from the date the transaction was completed on The Wedding Colony. You understand that if the credit card charge is declined, The Wedding Colony may, at its sole discretion, suspend your Account until overdue amounts are paid in full.
Period of Exclusivity IF YOU ARE A BUYER, YOU AGREE THAT FOR A PERIOD OF ONE YEAR AFTER ACCEPTANCE OF A BID PROPOSAL, IF YOU POST, SOLICIT, OR PURCHASE ANY SERVICES FROM THE SAME SERVICE PROVIDER YOU WILL DO SO EXCLUSIVELY ON THE SITE, WHETHER SUCH SERVICES ARE THE SAME PROJECT, A FOLLOW-UP PROJECT, OR NEW UNRELATED SERVICES.
IF YOU ARE A SERVICE PROVIDER, YOU AGREE THAT FOR A PERIOD OF ONE YEAR AFTER ACCEPTANCE OF A BID PROPOSAL, IF YOU PROPOSE, BID OR PROVIDE ANY SERVICES TO THE SAME BUYER YOU WILL DO SO EXCLUSIVELY ON THE SITE, WHETHER SUCH SERVICES ARE THE SAME PROJECT, A FOLLOW-UP PROJECT, OR NEW UNRELATED SERVICES.
Circumvention of Project Fees You agree not to engage in any action or activity meant to circumvent the Project Fees. Prohibited practices include (but are not limited to) the following: • Placing low value or placeholder bids, with unreasonably high final service charges. • Failing to report changed bid amounts or final service prices to The Wedding Colony. • Suggesting or soliciting Buyers to hire you outside The Wedding Colony system. • Submitting bids or proposals for a project posted on the Site outside of The Wedding Colony system. • Reporting on the Site a project amount different than that agreed between Buyer and Service Provider.
AUDIT PROVISIONS AND RECORD KEEPING For a period of one year after accepting each project or package order, you agree to keep and maintain complete and accurate records related to the Services provided on The Wedding Colony, including the service description, the bid and payment terms, and information on all repeat or follow-on Services performed for each Buyer originated on The Wedding Colony. In the event of questions regarding Services rendered, work performed or fees due to The Wedding Colony, upon 30 days written notice and request from The Wedding Colony, you agree to provide copies of these records and other relevant documentation.
THE WEDDING COLONY WEDDING ALBUM The Wedding Album is a service of The Wedding Colony whereby Members may upload wedding pictures to an online photo album for private or public viewing. Please note that only photos of wedding related events may be uploaded to the Wedding Album (i.e. engagement, wedding shower, rehearsal dinners, honeymoon or any family event that relates to the UPCOMING wedding including pictures from the actual wedding event). No other types of photos are allowed to be uploaded to the Wedding Album.
Wedding Albums must be designated as “private” or “public” by the Member creating the album. Albums that are designated “private” will be protected by a password selected by the creating Member, and the content in such albums may be viewable only by such Member and Users who have the password to the Album. Albums that are designated “public” will be viewable by anyone who knows the album’s URL or otherwise comes across the album through the internet may view content contained in the album. Any User may search the Site for private albums by the bride’s or groom’s name, but Users must obtain the album’s password from the Member owning the album in order to view the content in the private album. There is no limit to the number of digital photos Members can upload and store, but one must be an active Wedding Album Member to use The Wedding Album service. An active Wedding Album Member is a member who makes at least one purchase of merchandise offered through the Wedding Album during the first 365 day period after such Member’s creation of his or her album, and at least one purchase for each 365 day period thereafter. Members who create an album but are inactive may have their album, and all pictures contained within, deleted without any prior notice from The Wedding Colony. Members also have the option to delete their album, and all pictures contained within, at any time.
Certain merchandise may be available for purchase by Users of the Site who are able to view the albums. This merchandise currently consists of items that are imprinted with pictures contained in the album and are drop-shipped by a third-party vendor. However, The Wedding Colony reserves the right to offer other merchandise in the future.
ENFORCEMENT OF SITE POLICIES We may suspend or cancel your Account if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Service and Site Policies, or violated our rights or those of another party. Without limiting The Wedding Colony’ other remedies, we will suspend or terminate your Member Account and refuse to provide any Services to you if: (a) you breach any terms and conditions of the Terms of Service, the Site Policies and the other written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our Users or for The Wedding Colony. Once suspended or terminated, you may not continue to use the Services under a different Account or re-register under a new Account. In addition, violations of the Terms of Service and the Site Policies may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If a User or Member engages in actions or activities which circumvent the Site or otherwise reduces Project Fees owed The Wedding Colony under the Terms of Service, that User or Member will be liable to The Wedding Colony for the Project Fees due, and may be subject to additional sanctions including, but not limited to, suspension or termination of The Wedding Colony membership. The Wedding Colony reserves the right to terminate any User for any reason, at its sole discretion and to refuse to provide registration and membership to you in the future. We will notify you if we cancel your membership, unless in our judgment giving notice would cause a risk of further violation or damages. However, we will notify you that your Account will be canceled if the law requires such notification. When your membership is canceled, you may no longer have access to data, messages, files and other material you keep on the Site.
PRIVACY POLICY Our Privacy Policy is hereby incorporated in our Terms of Service Agreement, and by registering for our Services you accept the terms of the Privacy Policy. The Privacy Policy is available through the following link: www.TheWeddingColony.com/Privacy NOTICES AND COMMUNICATIONS Unless you otherwise indicate in writing to Customer Service, The Wedding Colony will communicate with you by email or by posting communications on this Site. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when The Wedding Colony sends it to the email address you have provided to The Wedding Colony on this Site, or when The Wedding Colony posts such communication on this Site. You must keep your email address updated on this Site, and you must regularly check this Site for postings.
All notices to The Wedding Colony intended to have a legal effect concerning this Agreement must be in writing and delivered either in person or by a means evidenced by a delivery receipt, to the following address: The Wedding Colony, LLC. 10940 Wilshire Blvd, 6th Floor Los Angeles, CA 90024 Attn: Chief Financial Officer
CUSTOMER SERVICE If you have any questions, suggestions, reports of problems or complaints regarding any Services, your use of the Site, the conduct of or purchase, sale, delivery, or payment of or for Services by or from any Member, please contact customer service (“Customer Service”) as follows:
Email: http://www.theweddingcolony.com/ContactUs.aspx Phone: (Mon-Fri, 9 a.m. – 5 p.m. Pacific Time) 1-888-951-9876 Online Help: http://www.theweddingcolony.com/HelpAndResources.aspx
Such notices to The Wedding Colony are deemed effective upon receipt. PRIVACY POLICY The Wedding Colony ("The Wedding Colony ", "us" or "we") respects the privacy of the visitors to its web site, the home page of which is located at http://www.The Wedding Colony.com ("Site"). This Privacy Policy is intended to inform you of our policies and practices regarding the collection, use and disclosure of Personal Information and Anonymous Information you submit to us through our Site. This Privacy Policy is hereby incorporated in our Terms of Service Agreement, and by registering for our Services you accept the terms of this Privacy Policy. Capitalized terms used and not defined in this Privacy Policy shall have the definitions given to them in the Terms of Service. This Privacy Policy does not apply to any information about companies or organizations that use the Services on the Site. "Personal Information" is information about you that is personally identifiable to you, like your name, address, email address or phone number, credit card number, as well as other non-public information that is associated with the foregoing.
By submitting Personal Information through the Site or through your use of the Wedding Album, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Personal Information or other content according to this Privacy Policy. Your Personal Information and other content may be processed by The Wedding Colony in the country where it was collected, as well as other countries (including the United States) where laws regarding processing of Personal Information or such other content may be less stringent than the laws in your country.
Notification of Changes We may update this Privacy Policy from time to time as our Services change and expand. If we make substantial changes to this Privacy Policy, we will post the updated policy on this page and we will post notice that this Privacy Policy has changed in the My Wedding area of the Site and in this policy. Unless otherwise provided, the revised terms will take effect when they are posted. Once any changes that we make to this Privacy Policy become effective, your continued use of the Site after such time will signify your acceptance of the new terms.
The Workspace This area of the Site is for the benefit of Members. The private and shared Workspace areas of the Site facilitate communication and the exchange and sharing of information between Buyers and Service Providers once a bid has been accepted. The information contained in private Workspaces shared between Buyers and Service Providers is not used for any purposes other than to facilitate communication and the exchange of information between the parties involved.
The Wedding Album Wedding Albums must be designated as “private” or “public” by the Member creating the album. Albums that are designated “private” will be protected by a password selected by the creating Member, and the content in such albums may be viewable only by such Member and Users who have the password to the Album. Albums that are designated “public” will be viewable by anyone who knows the album’s URL or otherwise comes across the album through the internet may view content contained in the album. Any User may search the Site for private albums by the bride’s or groom’s name, but Users must obtain the album’s password from the Member owning the album in order to view the content in the private album.
Information We Gather Registration If you register to buy or sell Services using The Wedding Colony, we collect and store Personal Information that specifically identifies you or your Account. At this time, the most information you would be required to submit is your first name, last name, User ID, password, preferred currency, street address, city, state, zip/postal code, country, phone number, email address and valid financial Account information. Other information requested on our Registration page, including the ability to receive promotional offers from The Wedding Colony, is optional. We may, in the future, include other optional requests for information from you to help us to tailor the Site for you and deliver personalized information to you. We may supplement our information with additional information purchased from third parties for marketing purposes. For Service Providers to bid on projects, or for Users purchasing merchandise through the Wedding Album, we require a valid credit card number and name as it appears on the credit card. Credit card information is transmitted via SSL ("Secure Socket Layer") encryption for your protection. The Wedding Colony will collect your credit card number and/or other entered financial institution information and will use that information to collect amounts due and owing to The Wedding Colony.
Online Surveys and Contests Occasionally, The Wedding Colony conducts a User survey to collect information about our Users’ preferences. These surveys are optional and if you choose to respond, your responses will be kept anonymous. Similarly, we may offer contests to qualifying Users in which we ask for contact and demographic information such as name, email address and mailing address. None of this information is shared with third parties, except in summary form, if at all. The demographic information that The Wedding Colony collects in the registration process and through surveys is used to help us improve our Services to meet the needs and preferences of our Users. This may include targeting advertising to you about our Services. Information we gather through a contest may also be disclosed to third parties as necessary for prize fulfillment and other aspects of any contest or similar offering.
Automatically Gathered Information The Wedding Colony automatically collects browser type and browser software version to tailor the presentation of the Site and the Services to the User’s platform and to maintain a record of the User’s activity on the Site. The Wedding Colony uses cookies to enable Users to specify unique preferences and to track User trends and patterns. Users always have the option of disabling cookies via their browser preferences. If you disable cookies on your browser, please note that some parts of our Site may not function as effectively or may be considerably slower. As an automatic process, our Web server software records a log file of IP addresses that access the Site. We also collect IP address information but do not ordinarily link IP addresses to Users’ Personal Information. However, we can and will use IP addresses to identify a User when we, in our sole discretion, determine that it is necessary to enforce compliance with our Terms and Conditions of Use or to protect our service, Site, customers or others.
Email to Friends Feature and Referral Program The Wedding Colony lets you easily send project postings to friends via email. The Wedding Colony also offers the ability to send friends emails about providing or purchasing Services through The Wedding Colony. If you choose to use either feature, be assured that The Wedding Colony only uses your friends’ email addresses on a one-time basis to send the requested posting, and we use your email address to copy you on the message or to send on your behalf. Your friends’ email addresses may be retained in our database after the message is sent.
Public Information As part of registration, you may set up a Profile describing your experience and qualifications. After becoming a member, in order to place bids, you must create a Profile, and in order to create a Profile, you will be required to provide some information about your company or business. If you decide to offer a service, potential buyers may review your Profile to help them decide whether to accept your bid. Information in your Profile is available for any other registered User to access. We will not have any obligation under this Privacy Policy with respect to information in your Profile or information you voluntarily provide to other Users via the Site.
Please also view the section entitled “The Wedding Album” regarding how content within your Wedding Album is treated.
How We Use and Disclose Information Registration Information We use Personal Information for our own internal purposes including contacting you via email 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 reserve the right to disclose your information as required by law. We do not rent or sell our Users' Personal Information to third parties. We do, however, provide you with the opportunity to receive newsletters via email. If you decide to opt in to receive newsletters, you may opt out of receiving these newsletters at any time by clicking on your Preferences and choosing Email Notifications to Unsubscribe.
Advertising We may send you email communications including information that we think may be of interest to you. You may opt out of receiving these email communications either when you register to become a Member or via the Preferences section of your The Wedding Colony area. We do not send any of your Personal Information to our advertisers. You may see a cookie from a third-party banner server, and this cookie comes from the third-party banner server, not The Wedding Colony. Again, we do not pass along any Personal Information to this party.
Co-Branded Services The Wedding Colony enters into co-branding relationships with third-party Web sites and companies to provide products and Services to our Users. The Wedding Colony may share your Personal Information, including User ID and password, or content in your Wedding Album with certain co-branded 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. However, these third-party partners may not use this Personal Information or other content for any reason other than to provide the service or product that the User has explicitly signed up for.
If you join The Wedding Colony through a co-branded Site (e.g. on a co-branded Registration page), it is The Wedding Colony general policy not to share anything other than summarized or aggregated data with the partner; however, any Personal Information or other content you provide on the co-branded Site may also be received by the co-brand partner that operates the co-branded Site and could be stored and used by the co-brand partner according to its privacy policy. Please take the time to review these third-party privacy policies. The Wedding Colony will not have any liability to you for any use of your information by a co-brand partner.
Contracting Parties We share the email addresses of Service Providers and Buyers to each other once a project is awarded on our Site to enable work on the project to be completed. In addition, Members involved in a transaction may request full contact information of the other party, including name, company name, phone number and mailing address. If you request the contact information of another User, your contact information will also be released to that User. If another User requests your contact information, we will disclose it to him or her. You agree not to use the disclosed information of other Users for any purpose other than providing the applicable Services or resolving a dispute.
Legal Requests The Wedding Colony cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud, theft, harassment and other rights. We can (and you authorize us to) disclose any information about you if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; (b) protect or defend the rights or property of The Wedding Colony or third parties; or (c) assist in an investigation.
Acquisition If our company or our assets related to the Site are acquired by another company, that company will possess the Personal Information or other content collected by us and it will assume the rights and obligations regarding your Personal Information or other content as described in this Privacy Policy.
Anonymous Information We may create Anonymous Information records from Personal Information by excluding information (such as names) that make the information personally identifiable to you. We may use this Anonymous Information 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; Anonymous Information does not permit the identification of individual persons.
Comments Submitted by Users The Wedding Colony constantly seeks to improve the quality of the services we provide and the User experience on the Site. We value your input and encourage you to help us expand and make improvements to the Site by providing us with any thoughts or comments you might have regarding our services or the operation of the Site. You can submit any comments you have to us by clicking on the link “Email us” at the top of most of the pages on the Site. The “Email Us” page asks for your email address and Username. Your Username is optional. If you provide this information, we will only use it to acknowledge or respond to your comments. Submitting comments via email will not cause you to receive any secondary or promotional material, unless specifically requested by you. In certain circumstances, we may ask for your permission to post your comments in marketing or promotional materials. Security
We will use commercially reasonable methods to keep Personal Information and content in your Wedding Album securely in our files and systems. Our Payment System is operated using secure Internet connections, using SSL (Secure Sockets Layer) encryption, to help protect your financial data. Please note that with current technology, we cannot guarantee the security of your data as it travels over the Internet.
Regarding Children We do not intentionally gather Personal Information about Users who are under the age of 13.
Terminating Your Membership We save your Personal Information until your membership with us is terminated and you unsubscribe to email notifications. To terminate your membership, contact Customer Service. If you terminate your membership, your Personal Information and content in your Wedding Album cannot be recovered. You may continue to receive email communications for a short period of time until we have updated all of our databases. After termination of your membership, your Personal Information may remain on our archived database and records. Notwithstanding the above, we will maintain information on Users who have been removed for violating our Membership Agreement.
Correcting/Updating Your Information and Opting Out This Site gives the following options for changing and modifying information previously provided: 1. You may update your registration information using the Preferences page, under My Wedding, in the Site’s navigation bar after you register. 2. You may update your credit card information using the Account page, under the My Wedding section of the Site. 3. This Site provides Users the opportunity to opt out of receiving promotional email communications from us, The Wedding Colony newsletters and other Site information using Preferences, Email Notifications under the My Wedding section of the Site or by contacting Customer Service. However, you may not opt out of receiving administrative communications from The Wedding Colony regarding the Services or the Site, except by terminating your membership. In addition, you may not opt out of The Wedding Colony sending you legal notices related to the Services or the Site. 4. For other requests, please contact Customer Service.
Contacting Us If you have any questions about this Privacy Policy or the practices of this Site, you may contact Customer Service.