Untitled Document
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.
Violation of these guidelines may result in suspension of your Account. If
you are aware of a potential violation, please contact Customer Service.
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.