Wedding Spot Terms of Use

Last updated October 28, 2016


Acceptance of the Terms of Use

Welcome to Wedding Spot, Inc. ("Wedding Spot", "we" or "us"). We are delighted that you have chosen to use Wedding Spot and look forward to aiding you throughout your wedding planning process. We are the first online destination to search, price and compare wedding venues and related vendors. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of www.wedding-spot.com, including any content, functionality and services offered on or through www.wedding-spot.com (the "Site"), whether as a guest or a registered user. In addition, if you are an entity wishing to offer wedding related services and products via the Site ("Third Party" or "Vendor"), you shall be required to comply with these Terms of Service, as applicable, including but not limited to the Vendor Terms below and the Vendor Participation Agreement .

Please read the Terms of Use carefully before you start to use the Site. By using the Site, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Wedding Spot and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.


Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Site.

Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.


Accessing the Site and Account Security

We reserve the right to withdraw or amend this Site, and any service or materials we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Site.
  • Ensuring that all persons who access the Site through your Internet connection are aware of these Terms of Use and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.


Third Parties

Third Party entities, including but not limited to venues and vendors, wishing to offer wedding related services and products have provided information that will be available to you to review and compare via the Site. We do not own or operate or have any control over any such Third Party entities or the information they provide or post on the Site. We do not have any control over any of the information provided by or displayed relating to the Third Party entities on the Site, including any venue and vendor information, pricing and other such relevant information, and we cannot assure such information is accurate, complete, or current. Third Party entities' information on the Site is subject to change, with or without notice, including but not limited to availability, actual booking date, actual guest count, actual event time, upgrades of amenities, food and/or beverage options, and/or variable changes in prices in general. Therefore you should not rely on this information. As a condition to your use of the Site, you hereby understand and agree that should you decide to move forward with one or more of the Third Party entities on the Site, Wedding Spot has no control over such Third Party entities and is not and shall not at any time be or be deemed to be a part of any agreement between you and the respective Third Party entities and your decision to move forward with any entity is entirely up to you. We do not warrant the accuracy of, or assume (and you agree that Wedding Spot does not bear any) responsibility for any errors or omissions in the information, advice, recommendations or guidance provided by either our staff or our visitors. Please exercise good judgment and common sense, and conduct all necessary, appropriate, and prudent inquiry, investigation, research, and due diligence, and take all necessary precautions when interacting with others or publicly posting content. "Content" in this case means links to our Site, text, images, photos, audio, video, addresses, and all other forms of data or communication provided on our Site.

Advertising. Some Services may be supported by advertising revenue, and you hereby agree that we may display advertising, promotions, sponsored listings, and the like on the Services and on, around, and in connection with your Content.

Spot Estimate™. All results and prices generated via Spot Estimate™ are estimates based on options that you have selected on the Site and you hereby understand that any such results and prices are an estimate only. Wedding Spot is not a quoting tool and you should not rely on the pricing via the Site as any final pricing. We are not responsible for any pricing changes that are made unbeknownst to us by Third Party entities. Any agreement to work with a vendor listed on the Site shall be solely between you and the particular venue or vendor. In all cases, you agree that it is your responsibility to verify or confirm all information provided by the Site, including any pricing information, with each venue or vendor.


Intellectual Property Rights

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Wedding Spot, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you make take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If you wish to make any use of material on the Site other than that set out in this section, please address your request to: info@wedding-spot.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Wedding Spot. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.


Trademarks

Wedding Spot name, the terms Wedding Spot™, Spot Estimate™, Wedding Spot logo, and all related names, logos, product and service names, designs and slogans are trademarks of Wedding Spot or its affiliates or licensors. You must not use such marks without the prior written permission of Wedding Spot. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.


Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate Wedding Spot, a Wedding Spot employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Wedding Spot or users of the Site or expose them to liability.

Additionally, you agree not to:

  • Modify, adapt, reproduce, distribute, translate, create derivative works or adaptions of, publicly display, sell, trade, or in any way exploit the Site or Site Content.
  • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including collecting, monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Site.
  • Reverse engineer any portion of the Site.
  • Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Site's technology infrastructure or otherwise make excessive traffic demands of the Site.
  • Attempt to gain unauthorized access to user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

User Contributions

The Site may contain message boards, reviews, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, share or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Wedding Spot, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.


DMCA: The Digital Millennium Copyright Act of 1998

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  Wedding Spot will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement.  A notification of claimed copyright infringement should be emailed to Wedding Spot’s Copyright Agent at copyright@honeybook.com (subject line:  “DMCA” Takedown Request”).  You may also contact us by mail at:

  • Attention: John Kramer
  • Wedding Spot
  • 539 Bryant Street Suite #200, San Francisco CA. 94109

Notice: To be effective, the notification must be in writing and contain the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for Wedding Spot.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
  • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS WEDDING SPOT AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.


Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any materials which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of WeddinWedding Spotrminate the user accounts of repeat infringers.


Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site includes content provided by Third Parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Wedding Spot, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Wedding Spot. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.


Changes to the Site

We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.


Information About You and Your Visits to the Site

All information we collect on this Site is subject to our Privacy Policy . By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.


Text Messaging and Other Messaging

By creating an Account, you expressly consent and agree that Wedding Spot, as part of the normal business operation of your use of the Services, may send you informational text messages, [emails, call and push notifications] and other messaging to the cellular telephone number that you provided Wedding Spot. You may opt-out of receiving such messaging from Wedding Spot at any time by texting the word STOP from the mobile device receiving the messages. Standard text messaging charges applied by your cell phone carrier will apply to text messages Wedding Spot sends. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. However, you acknowledge that opting out of receiving such messaging may impact your use of the Services.


Linking to the Site and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Site may provide certain social media features that enable you to:

  • Link from your own or certain third-party Sites to certain content on this Site.
  • Send e-mails or other communications with certain content, or links to certain content, on this Site.
  • Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party Sites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any Site that is not owned by you.
  • Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Site other than the homepage, except if you are a venue or vendor that is directly working with us, and your intentions are to refer your potential customers or clients to your profile page on the Site.
  • Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

The Site from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.


Links from the Site

If the Site contains links to other sites and resources provided by Third Parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party Sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Sites.


Geographic Restrictions

The owner of the Site is based in the state of California in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.


Third Party and Vendor Terms

If you are not a Third Party as defined above, these Third Party Terms will not apply to you.

  • Third Party's Lawful Conduct. The Site allows Third Parties, including but not limited to venues and vendors, to send electronic communications directly to Wedding Spot, which will be accessible to the public, including Wedding Spot's end users and other Third Parties. Third Parties shall comply with all applicable local, state, federal, and foreign laws, treaties, regulations, and conventions in connection with its use of the Site, including without limitation those related to privacy, electronic communications and anti-spam legislation. You agree that you, the Third Party, will not send any Electronic Communication from the Site that is unlawful, harassing, libelous, defamatory or threatening. Except as permitted by this Agreement, no part of the Site may be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means. Third Parties agree not to access the Site by any means other than through the interfaces that are provided by Wedding Spot. Third Parties shall not do any "mirroring" or "framing" of any part of the Site, or create Internet links to the Site, which include log-in information, representative names, passwords, and/or cookies. Third Parties will not in any way express or imply that any opinions contained in the Third Party's electronic communications are endorsed by Wedding Spot. Neither the Third Party, nor someone acting on the Third Party's behalf, will use the Site to target for solicitation any Wedding Spot customers for purposes of providing any competitive product. Third Parties shall ensure that any use of the Site by a Third Party's representatives is in accordance with the terms and conditions of this Agreement.
  • Transmission of Data. Third Parties understand that the technical processing and transmission of Third Parties' electronic communications is fundamentally necessary to the Third Party's use of the Site. Third Parties expressly consent to Wedding Spot's interception and storage of electronic communications and/or Third Party Data, and Third Parties acknowledge and understand that the Third Party's electronic communications will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by Wedding Spot. Third Parties acknowledge and understand that changes to the Third Party's electronic communications may occur (including but not limited to encryption and compression) in order to conform and adapt such data to the technical requirements of connecting networks or devices. Third Parties further acknowledge and understand that electronic communications may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone or other electronic means. Third Parties agree that Wedding Spot is not responsible for any electronic communications and/or Third Party Data which are delayed, lost, altered, intercepted or stored during the transmission of any data whatsoever across networks not owned and/or operated by Wedding Spot, including, but not limited to, the Internet and the Third Party's local network. "Third Party Data" means any information or Content provided by Third Party or its representatives.
  • Link(s). Wedding Spot grants you a worldwide, limited, non-exclusive, non-transferable license, without the right to sublicense, so that you may establish one or more links to Wedding Spot's website from your website(s), for the purpose of allowing any Wedding Spot's guest and registrants to use the Site. You shall include a hypertext link to a designated Wedding Spot website in the form as agreed by the parties and use reasonable efforts to promote such link on your website.
  • Third Party Content and Data. Each Third Party hereby grants to Wedding Spot a non-exclusive, worldwide, royalty-free, non-transferrable right to use, copy, store, transmit, distribute, reproduce, modify, create derivative works of and display ("Use") the Third Party data and Content for purposes of the Wedding Spot Site. The foregoing right includes the right to aggregate such data and Content with other data ("Aggregated Anonymous Data") for Wedding Spot's internal business purposes.
  • Suspension for Delinquent Account. Wedding Spot reserves the right to suspend a Third Party's and any Third Party affiliates' access to and/or use of the Site for any accounts (i) for which any payment is due but unpaid after Wedding Spot has provided the Third Party one (1) delinquency notice, and at fifteen (15) business days have passed since the transmission of the first notice ("Delinquent Account Status"). The suspension is for the entire account and the Third Party understands that such suspension would therefore include affiliate sub-accounts. Third Parties agree that Wedding Spot shall not be liable to the Third Party or to any Third Party affiliate for any suspension of the Site pursuant to this Section.
  • Suspension for Ongoing Harm. Third Parties agree that Wedding Spot may with reasonably contemporaneous telephonic notice to the Third Party to suspend the Third Party's access to the Site if Wedding Spot reasonably concludes that the Site is being used by the Third Party to engage in denial of Site attacks, spamming, or illegal activity, and/or use of the Site by the Third Party is causing immediate, material and ongoing harm to Wedding Spot or others. In the event that Wedding Spot suspends the Third Party's access to the Site, Wedding Spot will use commercially reasonable efforts to limit the suspension to the offending portion of the Site and resolve the issues causing the suspension of Site. Third Parties agree that Wedding Spot shall not be liable to the Third Party nor to any third party for any suspension of the Site under such circumstances as described in this Section.
  • Infringement. Wedding Spot will indemnify, defend and hold Third Parties harmless from and against any and all costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys' fees) of a third party (collectively, "Losses") incurred arising out of or in connection with a claim, suit, action, or proceeding brought by any third party against Third Parties alleging that the Third Party's proper use of the Site as permitted hereunder infringes any U.S. copyright, trademark, or misappropriation of a U.S. trade secret of a third party, provided that the Third Party: (a) promptly gives Wedding Spot notice of the claim, suit, action, or proceeding; (b) gives Wedding Spot sole control of the defense and related settlement negotiations; and (c) provides Wedding Spot with all reasonably available information and assistance necessary to perform Wedding Spot's obligations under this paragraph.
  • Exclusions. Excluded from the above indemnification obligations are claims to the extent arising from (a) Third Parties use of the Site in violation of this Agreement or applicable law, (b) Third Parties' use of the Site after Wedding Spot notifies the Third Party to discontinue use because of an infringement claim, or (c) or Third Parties' modifications to the Site made other than by Wedding Spot.
  • Third Party's Indemnity. By providing images to Wedding Spot, Third Parties are representing that they hold the applicable rights to display it on our site. Third Party will be solely liable for any damages relating to the misuse of the images provided. Third Parties shall indemnify, defend, and hold Wedding Spot and its officers, directors, agents, and suppliers harmless from and against any and all Losses resulting from or based on a third party claim or allegation: (i) that the Third Party data or content infringes, violates or misappropriates a party's patent, copyright, trademark, trade secret, right of publicity, right of privacy, or right of name or likeness, or is libelous, slanderous, or otherwise defamatory, or (ii) arising out of the Third Party's breach of these Terms of Use. In such a case where a the Third Party indemnification obligation arises, Wedding Spot shall: (a) promptly provide the Third Party notice of the claim, suit, action, or proceeding; (b) give the Third Party control of the defense and related settlement negotiations; and (c) provide Vendor with all reasonably available information and assistance necessary to perform the Third Party's obligations under this paragraph. The Third Party shall not settle any claim without Wedding Spot's prior written approval if the settlement involves an admission of liability or wrongdoing on the part of Wedding Spot, imposes any obligation on Wedding Spot other than with respect to the use or non-use of the Site, or to the extent that the amount of the settlement on the claim exceeds the amounts for which Wedding Spot is indemnified by the Third Party under this Agreement.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES, FEATURES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WEDDING SPOT NOR ANY PERSON ASSOCIATED WITH WEDDING SPOT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER WEDDING SPOT NOR ANYONE ASSOCIATED WITH WEDDING SPOT REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WEDDING SPOT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Limitation on Liability

IN NO EVENT WILL WEDDING SPOT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Indemnification

You agree to defend, indemnify and hold harmless Wedding Spot, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.


Governing Law and Jurisdiction

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case, located in the City and County of San Francisco, California, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.


Limitation on Time to File Claims

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.


Waiver and Severability

No waiver of by Wedding Spot of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Wedding Spot to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.


Entire Agreement

The Terms of Use and our Privacy Policy, and the Vendor Participation Agreement if applicable to you, constitute the sole and entire agreement between you and Wedding Spot with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.


Your Comments and Concerns

This Site is operated by Wedding Spot, Inc. in San Francisco, California. Please email us at info@wedding-spot.com if you need to reach us in regards to these Terms of Use.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: info@wedding-spot.com.