Terms of Use

These Terms of Use (“Terms of Use”) are a legally binding agreement between you and Entertainment Unlimited, LLC (“Company” or “Wedding Composers®” or “we”) governing your use of the Wedding Composers® Marketplace (as defined below), Company’s website (www.weddingcomposers.com or the “Site”). The Wedding Composers® Marketplace and related services provided by Company and the Site, including without limitation communications and information provided by Company to potential and actual Vendors and Customers (both as defined in Section 2) in relation to the services, together are hereinafter collectively referred to as the “Wedding Composers® Marketplace.”

Any personal data you submit to the Wedding Composers® Marketplace or which we collect about you is governed by our Privacy Policy (“Privacy Policy”). A copy of our Privacy Policy is available here. You acknowledge that by using the Wedding Composers® Marketplace you have reviewed the Privacy Policy. Any capitalized term used but not defined herein, is defined in our Privacy Policy located here.

Your use of the Wedding Composers® Marketplace constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Use, the Privacy Policy, and any future modifications to this Agreement (as defined below) as we may post from time to time. The Privacy Policy is incorporated by reference into these Terms of Use and together are your “Agreement”.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE WEDDING COMPOSERS® MARKETPLACE.

You must be 18 years old and capable of entering into binding contracts, in order to use or access the Wedding Composers® Marketplace. If you are under 18 years old, then you may not use or access the Wedding Composers® Marketplace. Children under 13 years old are prohibited from accessing the Wedding Composers® Marketplace or otherwise providing any personal information to Wedding Composers®.

   1. Guideline for Use of the Wedding Composers® Marketplace

Process for Vendors

   -Vendors choose to work with Wedding Composers® by creating an account on the Wedding Composers® Marketplace.
   -When creating an account, wedding vendors must sign a vendor agreement as well as provide pertinent information such as a registered business name, the state the business is registered in and detailed wedding services provided. Vendors choose to be notified of new client service requests via email and/or text message.
   -Vendors must create or link an account with the Wedding Composer®’s payment Processor
   -Vendors may synchronize their online booking calendar. Otherwise date matching is done manually.
   -Vendors will have reasonable access to a dashboard that shows open job requests that match their services.Vendors have 72 hours to quote on any Couple job request (the “Quoting Period”). The time remaining to quote is marked with a countdown clock on the vendor dashboard. Vendors do not have to quote on every matching job request.
   -Once a quote is created, Vendors will be shown how their quote ranks among other vendor’s quotes for that request. Vendors have until the end of the Quoting Period to adjust their quote.
   -Customers have option to accept, ask for amendments, ask for 15 day extension or decline a Vendor’s quote within 15 days.
   -If the Couple declines or doesn’t respond to the quote within 15 days, the quote is marked declined/expired and is then moved to the archived quote section on the Vendor dashboard.
   -If the Couple asks for amendments, the Vendor has the option to update the quote, cancel the quote or decline to amend the quote (leave as is). If the quote is canceled by the Vendor, it is moved to the archived quotes section on the Vendor dashboard.
   -The Vendor may offer bonuses and/or discounts to the Couple in order form the Services Agreement (as defined below). All changes must be reflected on the final invoice.
   -Vendors will communicate information to Customers via system messaging and/or directly on the quote.
   -If the Couple accepts the quote, the Vendor approves the booking which generates a final invoice for the Couple.
   -The Couple receives a final invoice, accepts the Vendor’s terms and conditions and makes a deposit electronically through Wedding Composers® online payment system to the Vendor.
   -The Couple’s job request moves into the active jobs section of the Vendor dashboard.
   -The Vendor communicates with the Couple within the Wedding Composers® platform on the details of the job. All amendments to the job made outside the system must be included/updated in the invoice and/or with the Wedding Composers® messaging system.
   -The Couple sends final payment to the Vendor electronically through the Wedding Composers® Marketplace on the due date set by the Vendor.
   -The Vendor completes the job. The job will automatically move to the completed jobs section of the dashboard on the day after the event date.

Process for Customers

   -Customers choose to work with Wedding Composers® by creating an account on the Wedding Composers® Marketplace.
   -While setting up an account, the Couple creates an online profile that includes personal details such as name, email and phone.
   -Customers are asked to agree to the Wedding Composers® Couple’s Agreement.
   -The Couple creates one or more events on the platform, but no more than 3 of any service. An event can be the wedding ceremony, the wedding reception, the engagement party, the wedding shower, or other event.
   -Within each event, the Couple can create one or more service requests for services needed at the event.
   -If a Couple does not have a venue booked at the time of creating a Wedding Composers® event, the venue service request must be booked first for applicable services.
   -After the venue is booked and listed for each event, Customers can create other service requests.
   -72 hours after a Couple’s service requests are submitted on the platform, the Couple will receive quotes from Vendors on the Wedding Composers® dashboard.
   -The Couple can accept, ask for amendments, ask for a 15 day extension or decline a quote from a Vendor within 15 days. The time remaining to react to a quote is marked with a countdown clock on the Couple’s dashboard.
   -If the Couple asks for amendments, the Vendor has the option to update the quote, cancel the quote, extend the quote or decline to amend the quote (leave as is).
   -If the Couple accepts the quote, the Vendor approves the booking which generates a final invoice for the Couple.
   -The Couple accepts the invoice, accepts the Vendor’s terms and conditions and makes a deposit electronically through Wedding Composers® online payment system to the Vendor.
   -The Vendor communicates with the Couple within the Wedding Composers® platform on the details of the job. All amendments to the job made outside the system must be included/updated in the invoice and/or with the WC messaging system.
   -The Couple sends final payment to the Vendor electronically through the WC site on the due date set by the Vendor.

   2. The Wedding Composers® Marketplace is only a Marketplace between Vendors and Customers.

The Wedding Composers® Marketplace is an internet platform which enables Customers to find Vendors. “Customers” are individuals, Customers, or their representatives who are seeking to find suitable Vendors to perform various functions associated with weddings (“Wedding Services”) and thereby become Vendors of Customers. “Vendors” are individuals or businesses seeking to perform Wedding Services for Customers. Customers and Vendors using the Site collectively deemed “Users.” If you agree on the terms of a Wedding Service with another User, you and the other User automatically enter into a Services Agreement directly between the two of you (and not among the two of you and Wedding Composers®) as set forth in more detail in Section 3 below.

VENDORS ARE INDEPENDENT CONTRACTORS TO CUSTOMERS. NEITHER VENDORS NOR CUSTOMERS ARE EVER EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF COMPANY. COMPANY DOES NOT PERFORM WEDDING SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM WEDDING SERVICES.

ALL USERS HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A VENDOR’S WORK AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE WEDDING SERVICES IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.

Users are solely responsible for the manner and hours in which the services are performed, are solely responsible for all taxes, withholdings and other statutory, regulatory, or contractual obligations of any sort (including, but not limited to, those relating to workers’ compensation, disability insurance, Social Security, unemployment compensation coverage and income taxes), and is not entitled to participate in any employee benefit plans, fringe benefit programs, group insurance arrangements or similar programs of Company. Similarly, the Company makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Wedding Services requested or services provided by, or the communications of or between, Users identified through the Wedding Composers® Marketplace, whether in public, private, online or offline interactions.

   3.Contract between Customers and Vendors

You acknowledge and agree that a legally binding contract (the “Services Agreement”) is formed when you agree on the quote of a Wedding Service with another User. The terms of the Services Agreement include the terms set forth in this Section 3, the quote made on the Wedding Composers® Marketplace, and any other contractual terms accepted by both the Wedding Service provider and their Couple to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand Company’s obligations or restrict Company’s rights under this Agreement.

Every User agrees that Company is not a party to any Services Agreement and the formation of a Services Agreement will not, under any circumstance, create an employment or other service relationship between Company and the Wedding Service provider their personnel, nor will it create an employment relationship between the Couple and the Wedding Service provider or their personal.

Company’s acts solely as a limited payment collection agent for the Wedding Service provider through the Wedding Composers® Marketplace. The Processor will fulfill the payment. In acting as the limited payment collection agent for particular Wedding Services on the Wedding Composers® Marketplace, Wedding Composers® disclaims any other agency or authority to act on behalf of the Wedding Service provider, and assumes no liability or responsibility for any acts or omissions of the Wedding Service provider, either within or outside of the Wedding Composers® Marketplace.

   4. Licensing

Vendors alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Wedding Services. Indeed, certain types of Wedding Services and services may be prohibited altogether, and it is the responsibility of Vendors to avoid such prohibited Wedding Services and services. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Wedding Services and services on the platform, you can and should first seek separate legal guidance.

Because Wedding Composers® does not oversee, monitor or supervise the posting, scoping or performance of Wedding Services, Customers must determine for themselves whether a Wedding Service provider is qualified to perform the specific Wedding Service at hand. Customers may wish to consult their state/provincial/territorial or local requirements to determine whether certain Wedding Services are required to be performed by a licensed professional.

   5. External Services

The Site may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or services available through such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

   6.Sign-In Name; Password; Unique Identifiers

If you wish to become a User, you will be prompted to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one User. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered or payments made through the Site using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. Company will not be liable for any loss or damage caused by any unauthorized use of your account.

   7.User Vetting

Company may subject Users to a vetting process, to be determined in Company’s sole discretion, either before or during the User’s use of the Wedding Composers® Marketplace, including, without limitation, identity verification, licensing checks, and using appropriate third-party services. Although Company may vet Users, Company is not required to do so and does not guarantee that a User, or the User’s claim credentials are accurate. Company makes no guarantee of the accuracy or reliability of any of its vetting or lack thereof or any information or any information provided through the Wedding Composers® Marketplace.

All Users should exercise common caution protect their safety, data, and property. The Wedding Composers® Marketplace is just like a physical marketplace and Users should exercise the same caution on the Site as they would at such a physical marketplace. Wedding Composers® is not liable for any false or misleading statements made by Users of the Wedding Composers® Marketplace. NEITHER WEDDING COMPOSERS® NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “WEDDING COMPOSERS® AND AFFILIATES”) IS RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEDDING COMPOSERS® MARKETPLACE AND YOU HEREBY RELEASE WEDDING COMPOSERS® AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEDDING COMPOSERS® MARKETPLACE.

   8. User Representations and Warranties

You represent and warrant the following:

   -You are 18 years of age or older and capable of entering into binding contracts,
   -You have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide.
   -If you enter into this Agreement on behalf of a company, couple, or other entity, that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
   -You have read, understand, and agree to be bound by these Terms of Use and the Privacy Policy in order to access and use the Wedding Composers® Marketplace.
   -You will respect the privacy (including, without limitation, private, family, and home life), property and data protection rights of Users and that you will not record (whether video or audio or otherwise) any Wedding Service or any interaction by or with any User and/or Company in connection with the Wedding Composers® Marketplace without the prior written consent of Company and/or the relevant User, as applicable.
   -You will honor your Services Agreement with other Users, including payments through the Wedding Composers® Marketplace using the Processor (as defined below), performing the Wedding Service(s) agreed upon as between the Wedding Service provider and Couple, communicating clearly and promptly through the chat thread and/or responding to quotes promptly, being present and/or available at the time.
   -You will only use the third party payment processing system specified or approved by us to make or receive payment for services provided through the Wedding Composers® Marketplace (the “Processor”).
   -You will act professionally and responsibly in your interactions with other Users.You will not purchase or deliver controlled substances on the Wedding Composers® platform.
   -When using or accessing the Wedding Composers® Marketplace, you will act in accordance with any applicable local, state, provincial, national, or international law or custom and in good faith.
   -You will not use the Wedding Composers® Marketplace for any journalistic, investigative, or unlawful purpose. In the case of the first two, you will inform Wedding Composers® of such intentions as soon as they are formed. Wedding Composers® reserves the sole right to determine whether you may continue to use the Wedding Composers®.
   -Vendors additionally represent and warrant that you will provide timely, high-quality services to your Customers, you will only offer and provide services for which you have the necessary skills and expertise, and you will provide the services safely and in accordance with all applicable laws, and that you have the legal right to work the United States.
   -Use of Communication Services

Company’s Sites may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send, and receive messages and post content (“User Content”) that are considered proper and related to the particular Communication Service. Without limitation, while using the Wedding Composers® Marketplace, you may not:

By accessing and/or using the Wedding Composers® Marketplace, you agree to comply with the following restrictions on use:
   -If you wish to become a User, you must be at least 18 years old or the age of majority in your jurisdiction, whichever is greater;
   -You will comply with all applicable laws in your use of the Wedding Composers® Marketplace and will not use the Wedding Composers® Marketplace for any unlawful or otherwise fraudulent purpose;
   -You will not upload, post, e-mail, transmit, or otherwise make available any User Content that:
   -discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
   -is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or
   -constitutes promotion or advertising of any third-party website, product or service; or
   -infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
   -You will not “stalk,” threaten, or otherwise harass another person;You will not access or use the Wedding Composers® Marketplace to collect any market research for a competing business;
   -You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
   -You will not interfere with or attempt to interrupt the proper operation of the Wedding Composers® Marketplace through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Wedding Composers® Marketplace through hacking, password or data mining, or any other means;
   -You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Wedding Composers® Marketplace;
   -You will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Wedding Composers® Marketplace for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
   -You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
   -During the term of this Agreement, you will not and will not attempt to, for the purpose of avoiding fees otherwise payable to Company hereunder, enter into any agreement for Company posted Vendor services or items with any Users introduced to you via the Wedding Composers® Marketplace other than through the Wedding Composers® Marketplace, and if any Users seeks to do so with you, you will promptly notify us. Users may enter into such an agreement other than through the Wedding Composers® Marketplace; provided, however, that you shall be bound by the terms and conditions of this Agreement vis-à-vis Company, and, without limiting the foregoing,     shall be responsible for paying all fees that would be payable to Company if such event space was booked through the Wedding Composers® Marketplace.
   -You will let us know about inappropriate User Content of which you become aware.

We have the right, but not the obligation, to review and reject or remove any listing or other User Content that, in our sole discretion, violates these Terms of Use in any respect. We also reserve the right, in our sole and absolute discretion, to deny you access to the Wedding Composers® Marketplace, or to any portion of the Wedding Composers® Marketplace, without notice.

   10.User Content Generally

As noted above, the Wedding Composers® Marketplace provides Users the ability to post and upload User Content. You expressly acknowledge and agree that once you submit your User Content, it will be accessible by others, and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT WEDDING COMPOSERS®, ARE ENTIRELY RESPONSIBLE FOR ALL REGISTERED USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE SITE, AND YOU WILL INDEMNIFY US IN RESPECT OF ANY LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH ANY SUCH USER CONTENT.

You retain all copyrights and other intellectual property rights in and to your own User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related User Content permitted by the previous sentence and/or to advertise and promote the Wedding Composers® Marketplace, Company, and our other products and services. Without limiting the foregoing, you acknowledge and agree that uses of your User Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.

If you submit User Content to us, each such submission constitutes a representation and warranty to Company that such User Content is your original creation (or that you otherwise have the right to provide the User Content), that you have the rights necessary to grant to Company the license to the User Content as set forth above, and that it and its use by Company and third parties as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates this Agreement.

The Wedding Composers® Marketplace hosts User Content relating to reviews and ratings of specific Vendors (“Feedback”). Such Feedback is such User’s opinion and not the opinion of Company, has not been verified or approved by Company and each Couple should undertake their own research to be satisfied that a specific Wedding Service provider is the right person for a Wedding Service. You agree that Company is not responsible or liable for any Feedback or other User Content. Company encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. Company is not obligated to investigate any remarks posted by Users for accuracy or reliability but may do so at its discretion.

   11. Disclosures Required by Law.

Company reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. Company reserves the right to fully cooperate with any law enforcement authority or court order requesting or directing Company to disclose the identity of anyone posting any Content, or publishing or otherwise making available any materials that are believed to violate this terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD THE SITE HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE SITE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE SITE OR LAW ENFORCEMENT AUTHORITIES.

   12. Links to Third-Party Sites.

This Site may be hyperlinked to and by other websites which are not maintained by, or related to, Company. Hyperlinks to such sites are provided as a service to Users and are not sponsored by, endorsed or otherwise affiliated with this Site or Company. Company has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from a Company Site to another web page should be accessed at the User’s own risk. Company makes no representations or warranties about the content, completeness, quality or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via this Site.

   13. Intellectual Property

RightsAll content found on the Company Site (the “Content”) is considered the copyrighted and trademarked intellectual property of Company, or of the party that created and/or licensed the Content to Company. No rights or title to any of the Content contained on any Company Site shall be considered transferred or assigned to the User at any time. Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Content in any unauthorized way, without the prior written consent of Company in each instance, except that you may print out and/or save one copy of the Content for your personal use only.

   14. Copyright Infringement.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s copyright agent (as designated herein) all of the written information specified below. Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed. Please include the following:

   -An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
   -A description of the copyrighted work that you claim has been infringed upon;
   -A description of where the material that you claim is infringing is located on the Site, including the current Site address;
   -Your address, telephone number, and e-mail address;
   -A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, and/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 owner or authorized to act on the copyright owner’s behalf

.Company’s Copyright Agent for notice of claims of copyright infringement on its Sites can be reached as follows:

Copyright Agent: Rachel Stekol

Rachel Stekol

Attn: Rachel Stekol

PO BOX 350419 Brooklyn, NY 11235
phone: 917-414-4798
e-mail: support@weddingcomposers.com

   15.Disclaimer of Warranties; Use of The Wedding Composers® Marketplace Is At Your Own Risk

WEDDING COMPOSERS®’S SERVICES, SITE, ANY BETA FEATURES, THEIR COMPONENTS, ANY DOCUMENTATION, AND ANY OTHER MATERIALS PROVIDED HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND NEITHER WEDDING COMPOSERS® (NOR OUR SUPPLIERS) MAKES ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR (I) ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST REVENUES OR PROFITS) ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO ACCESS AND USE THE SITE OR THE CONTENT REGARDLESS OF WHETHER SUCH PARTY WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF; AND (II) WE SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, NOT ATTRIBUTABLE TO PERSONAL INJURIES, THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE IN EXCESS OF THE FEES WE COLLECTED FROM YOU FOR THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM. NO COMMON-LAW CAUSE OF ACTION ARISING UNDER TORT, CONTRACT, OR WARRANTY RELATED TO THE SITE OR OTHERWISE ARISING UNDER THIS AGREEMENT, REGARDLESS OF FORM, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED. SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES; THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES WILL WEDDING COMPOSERS® AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY WEDDING COMPOSERS®, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEDDING COMPOSERS® MARKETPLACE OR THE WEDDING SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.

WEDDING COMPOSERS® AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS WEDDING COMPOSERS® MARKETPLACE. WEDDING COMPOSERS® AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE WEDDING COMPOSERS® MARKETPLACE.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT WEDDING COMPOSERS® AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

   16. Release

THE WEDDING COMPOSERS® MARKETPLACE IS ONLY A VENUE FOR CONNECTING USERS. BECAUSE WEDDING COMPOSERS® IS NOT A PARTY TO OR OTHERWISE INVOLVED IN THE ACTUAL CONTRACT BETWEEN USERS OR IN THE COMPLETION OF THE WEDDING SERVICES, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU HEREBY RELEASE WEDDING COMPOSERS® AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL, OR EXEMPLARY), EXPENSES, LOSSES, GOVERNMENTAL OBLIGATIONS, SUITS AND/OR CONTROVERSIES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

   17.Indemnification

You agree to defend, indemnify, and hold Company and its officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, or any other agreement you may have with the Company, your violation of any third-party right, including without limitation any intellectual property, or privacy right, or your misuse of the Site, or a claim from a dissatisfied User on your account. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

   18.Termination of The Agreement

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability. If we restrict, suspend, or terminate your access to the Site due to a violation of these Terms of Use, any pre-paid subscription fees will be forfeited, and you will not be entitled to any refund.

   19. Binding Arbitration

In the event of a dispute arising under or relating to this Agreement (“Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

   20. Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

   21. Disputes

If there is any dispute about or involving these Terms of Use, the Site and/or any Communications Services, you agree that any dispute shall be governed by the laws of the State of New York, notwithstanding any principles of conflicts of law. You specifically consent to personal and exclusive jurisdiction by and venue in the State and Federal courts of Kings County, New York in connection with any dispute between you and Company arising out of or involving this Agreement, the Site and/or any Communications Services.

   22. Miscellaneous

   -If any part of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
   -You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or use of Company’s Sites.
   -These Terms of Use constitute the entire agreement among the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Company with respect to Company’s Sites. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Site or any of its services. Company may revise these Terms of Use at any time by updating this posting. You should review the Agreement from time to time to determine if any changes have been made to the Agreement. Your continued use of the Site after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.
   -The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Company must be in writing and signed by an authorized representative of the Company.
   -The section titles in the Agreement are for convenience only and have no legal or contractual effect.

Please report any violations of this Agreement to the Company at support@weddingcomposers.com. If you have any questions regarding this Agreement, please contact us at support@weddingcomposers.com.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, AS WELL AS THE PRIVACY POLICY AND HAPPINESS PLEDGE, AND AGREE THAT MY USE OF THE WEDDING COMPOSERS® MARKETPLACE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

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