WeddPay Terms of Use Agreement

Effective Date: December 22, 2015

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Welcome to the WeddPay website. WeddPay connects customers with wedding vendors to facilitate the transactions between them. Through the WeddPay website, customers can work with wedding vendors within their budget.

The WeddPay website and its associated content and services (collectively “Website”) is owned by WeddPay, Inc (“WeddPay”). WeddPay provides you with a limited license to use the Website subject to the terms contained within this Terms of Use Agreement (“Agreement”).

THIS AGREEMENT IS A LEGALLY BINDING CONTRACT AND YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE USING THE WEBSITE. THROUGH YOUR USE OF THE WEBSITE YOU MANIFEST YOUR ASSENT TO THE TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE WEBSITE.

WEDDPAY RESERVES THE RIGHT TO SUSPEND, REPLACE, MODIFY, AMEND, OR TERMINATE THIS AGREEMENT AT ANY TIME AND WITHIN ITS SOLE AND ABSOLUTE DISCRETION. IN THE EVENT WEDDPAY REPLACES, MODIFIES, OR AMENDS THIS AGREEMENT, YOUR CONTINUED USE OF THE WEBSITE AFTER A CHANGE IN THE EFFECTIVE DATE ABOVE WILL CONSTITUTE YOUR MANIFESTATION OF ASSENT TO AND AGREEMENT WITH ANY REPLACEMENT, MODIFICATION, OR AMENDMENT CONTAINED WITHIN THIS AGREEMENT. WE WILL EMAIL ALL THE USERS TO INFORM THEM WHEN A MODIFICATION HAD PLACE IN THE TERMS OF USE AGREEMENT.

  1. Definitions
    1. “Customer(s)” will mean an individual or business entity that desires to find a Wedding Vendor through the Website.
    2. “Project(s)” will mean a good or service that a Customer has hired a Wedding Vendor to perform or provide.
    3. “User(s)” will mean Customers, Wedding Vendors and all other users of the website who do not create User Accounts.
    4. “User Account(s)” will mean all accounts registered with the Website.
    5. “Wedding Vendor(s)” will mean an individual or business entity that provides wedding-related services, including, but not limited to, photography, videography, and catering services.
  2. Warranties
    1. General User Warranties
      1. By using the Website, you, as a User, warrant that you are age eighteen (18) or above, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or third party, you warrant that you have actual authority to act as an agent of that business entity or third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity and bind that third party or business entity to the terms of this Agreement.
      2. You warrant that your use of the Website does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals or business entities located in the jurisdiction in which you live. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.
    2. Wedding Vendor Warranties
      1. As a Wedding Vendor, you represent and warrant that you are an individual or business entity that is duly organized, validly existing, and in good standing under the laws of your state of organization or incorporation.
      2. As a Wedding Vendor, you represent and warrant that you and your personnel (if applicable) possess the requisite level of training, skill, and experience to perform the Services in a professional and workmanlike manner consistent with generally accepted industry standards.
      3. As a Wedding Vendor, you represent and warrant that you will meet all specifications and deadlines set by the Customer for each Project.
      4. As a Wedding Vendor, you represent and warrant that your performance of the Project will not violate any term of this Agreement, violate the rights of third parties, including intellectual property, personal, and proprietary rights, or violate any applicable law, regulation, ordinance, statute, or treaty.
    3. Customer Warranties
      1. As a Customer, you represent and warrant that you are an individual or business entity that is duly organized, validly existing, and in good standing under the laws of your state of organization or incorporation.
      2. As a Customer, you represent and warrant that your use of the Website will not violate any term of this Agreement, violate the rights of third parties, including intellectual property, personal, and proprietary rights, or violate any applicable law, regulation, ordinance, statute, or treaty.
  3. Limited License to Use the Website
    1. You acknowledge and agree that the Website is the property of WeddPay and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You agree that your use of the Website is limited by the license granted under the terms of this Agreement. You expressly agree that you will not use the Website in any manner not expressly granted through this Agreement.
    2. WeddPay provides you with a limited, non-exclusive, non-sublicensable, non-assignable, and revocable license to use the Website for its customary and intended purposes. Use of the Website for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in the immediate termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to WeddPay.
    3. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website. Additionally, you are expressly prohibited from scraping, framing, hacking, reverse engineering, crawling, or aggregating the Website, whether in whole or in part, without the prior written consent of WeddPay. The foregoing prohibition on crawling or aggregating does not apply to search engines that appropriately comply with WeddPay’s robots.txt file.
  4. Privacy Policy
    1. WeddPay hereby incorporates its Privacy Policy by reference as if fully stated herein.
  5. Ownership of Intellectual Property
    1. You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the Website by WeddPay, including, but not limited to, WEDDPAY, are common law or registered trademarks owned by or licensed to WeddPay. You are expressly prohibited from using the trademarks of WeddPay to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of WeddPay in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are property of their respective owners.
  6. User-Generated Content
    1. WeddPay may provide Users with the ability to upload or transmit content to or through the Website, including but not limited to, text, images, comments, feedback, photographs, images, videos, audio files, profile information, name, likeness, advertisements, listings, information, and designs (“User-Generated Content”).
    2. When you submit User Generated Content to the Website, you grant WeddPay a non-exclusive, irrevocable, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website. These purposes may include provide you or third parties with access to and use of the Website, backing up or archiving the Website, and selling or transferring the Website to a third party. In submitting User Generated Content to the Website, you agree to waive all moral rights in or to your User Generated Content across the world, whether you have or have not asserted moral rights. You also agree to waive all rights of publicity or privacy in or to your User Generated Content.
    3. Though WeddPay takes a non-exclusive, irrevocable, worldwide, and perpetual license from Musicians to use their User Generated Content for the purposes of the Website, Musicians will continue to own all right, title, and interest in and to their Tracks and Product.
  7. Member Accounts
    1. WeddPay may require you to register a User Account with the Website in order to obtain access to additional features or areas of the Website, including, but not limited to, to upload Tracks or perform Services through the Website. You are expressly prohibited form sharing your User Account information with others and you agree that you will provide WeddPay with accurate, complete, current, and relevant information when registering your User Account.
    2. You understand and agree that you are responsible for the security of your User Account and WeddPay will not be held liable or responsible for any unauthorized access to your User Account. In the event your User Account is accessed without your authorization, you agree that you will immediately provide notice to WeddPay. By creating a User Account, you agree that WeddPay may use the contact information that you provide to contact you. WeddPay reserves the right to accept, reject, modify, suspend, or delete your User Account at any time, for any reason, and within its sole and absolute discretion.
  8. Creating a Project
    1. WeddPay may provide Customers and Wedding Vendors with the ability to create Projects through their User Accounts. WeddPay facilitates the transaction between the Customer and the Wedding Vendor so that the Wedding Vendor can perform services for the Customer. WeddPay may charge a service fee for this service, which is listed on the Website and may be changed from time to time in WeddPay’s sole and absolute discretion (“Service Fee”). This Service Fee may be charged as a reoccurring subscription fee or as a percentage of a purchase price for Services.
    2. Wedding Vendors and Customers understand and agree that, when you create a Project, your Project may be rejected by WeddPay for any reason and within its sole and absolute discretion.
  9. Payment to WeddPay
    1. In the event WeddPay charges the Service Fee as a reoccurring subscription, you hereby agree to complete the required payments, including any associated fees and required taxes, as they become due, whether on a one-time, monthly, annual, or other basis. You agree to pay for the duration of your subscription period. In the event WeddPay charges the Service Fee as a percentage of a purchase price for Services, WeddPay may charge the Service Fee before the Service or Product is completed. If you provide credit card information to be billed periodically in the future, you agree to ensure that the credit card so authorized is valid and with a valid expiration date.
    2. If WeddPay is required to institute any collection proceedings, including but not limited to judicial remedies for nonpayment, you will be responsible for and agree to reimburse WeddPay for all costs of collection. Your access to the Website is contingent upon your timely payment of Service Fees and your failure to pay may result in the termination of your User Account and/or access to the Website. Payment must be made in a form acceptable to WeddPay and by making a payment, you agree that WeddPay may store your payment information. Associated fees and or service charges may be incurred depending on the type of payment you select.
    3. WeddPay does not provide refunds for Services or Service Fees, including for dissatisfaction of any type and WeddPay does not guarantee any results. You agree that you will not initiate any chargebacks against WeddPay unless approved in writing. You understand and agree that you will be responsible for any costs or fees, including attorneys’ fees, associated with any unauthorized chargebacks or in the event WeddPay must collect payment from you. Any disputes as to payment must be brought to WeddPay’s attention in writing within thirty (30) days or will otherwise be barred.
    4. All payments for services offered through the Website are earned upon receipt and, except where expressly provided, are non-refundable. You represent and warrant that you will timely pay all fees and charges and WeddPay reserves the right to terminate services for your failure to timely pay. All fees and charges will be quoted and payable in United States Dollars.
    5. You agree that you will pay all taxes assessed by governmental bodies, whether local, state, provincial, national, or international, associated with your use of the Website, including, but not limited to, sales tax, use tax, value-added tax, and income tax.
    6. The Vendor is responsible to collect the payment from the customer. WeddPay does not hold the customer's money just after they are sent into the vendor's account in weddpay and the vendor then have direct access to that amount. The Customer is responsible to choose the best vendor. Weddpay is not responsible of the outcome.
  10. Acceptable Uses
    1. You agree that you will not use the Website in violation of any term or condition of this Agreement, outside of its customary and intended purposes, to violate the rights of third parties, or to violate any applicable rule, law, regulation, ordinance, treaty, or statute, whether local, state, provincial, regional, national, or international. You are explicitly prohibited from:
      1. Transmitting unsolicited commercial email messages to users of the Website;
      2. Imposing a disproportionate load on the Website or its server infrastructure, whether through a denial of service attack or otherwise;
      3. Attempting to interfere with the operation of the Website;
      4. Circumventing the Website’s technological protection or security mechanisms;
      5. Using a spider, scraper, or other automated technology to access the Website;
      6. Attempting to gain access to the personal, personally identifiable, or payment information of a user of the Website;
      7. Harassing a user of the Website;
      8. Posting or transmitting content through the Website that is harassing, threatens or encourages bodily harm, constitutes hate speech, or advocates for the destruction of property;
      9. Posting or transmitting content through the Website that infringes upon the rights of third parties, including intellectual property or other personal or proprietary rights;
      10. Posting or transmitting content through the Website that constitutes fraud, a phishing scam, a pyramid scheme, or a chain letter;
      11. Posting or transmitting content through the Website that is obscene, lewd, lascivious, or otherwise illegal.
  11. Copyright Policy
    1. The Website and its associated content is © WeddPay.
    2. If you believe that a user of the Website has infringed upon your copyright rights, you may provide WeddPay with a notice of copyright infringement that complies with § 512 of the Digital Millennium Copyright Act. Upon receipt of a notice that complies with this section, WeddPay will make a good faith attempt to notify the owner or uploader of the allegedly infringing content so that they can respond with a counter-notification.
    3. This notice of copyright infringement must contain the following:
      1. The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
      2. Specific identification of the copyrighted works alleged to have been infringed;
      3. The location of the copyrighted works on the Website;
      4. Your contact information, such as an address, telephone number, fax number, or email address;
      5. A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
      6. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
    4. If you are a user of the Website that believes that content that you have posted to the Website and that is subject to a notice of copyright infringement is non-infringing, then you may submit a counter-notification under the Digital Millennium Copyright Act. This counter-notification must contain the following:
      1. Identification of the specific materials that have been removed from the Website;
      2. Your contact information, such as an address, telephone, fax number, or email address;
      3. A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
      4. A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if you are outside of the United States, that you consent to the jurisdiction of the federal courts located in Cincinnati, Ohio;
      5. A statement that you will accept service of process from the notifying party; and
      6. Your physical or electronic signature.
    5. Notifications of copyright infringement and counter-notifications may be submitted to WeddPay at copyright@WeddPay.com.
  12. WeddPay as Service Provider
    1. You understand and agree that WeddPay provides the Website as a service and will not be held liable for and takes no responsibility for any transactions entered into by and between users of the Website. WeddPay makes no warranties or representations as to the quality, non-infringement, accuracy, or safety of Projects and Project descriptions listed on the Website. You understand and agree that WeddPay is an interactive computer service as those terms are defined under Section 230 of the Communications Decency Act and that WeddPay cannot be held liable for any commercial or personal torts in its role as a publisher of information provided by third parties. Though WeddPay may edit, remove, or control the content submitted to and displayed through the Website by third parties, it will not be held liable for that content.
    2. The Vendor is responsible to collect the payment from the customer. WeddPay does not hold the customer's money just after they are sent into the vendor's account in weddpay and the vendor then have direct access to that amount.
    3. The Customer is responsible to choose the best vendor. Weddpay is not responsible of the outcome.
  13. Disclaimer of Warranties and Limitation of Liability
    1. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT WEDDPAY WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT WEDDPAY’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1,000, WHICHEVER IS LESS.
  14. Indemnification
    1. You agree to indemnify, defend, and hold harmless WeddPay, its officers, shareholders, members, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, claims, charges, or liabilities, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) your use of the Website; (ii) your violation of any term or condition of this Agreement; (iii) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (iv) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international. Your obligation to defend WeddPay will not provide you with the ability to control WeddPay’s defense, and WeddPay reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
  15. Choice of Laws
    1. This Agreement shall be construed in accordance with the laws of the State of Ohio without regard to or application of choice of law rules or principles. The parties hereby submit to the exclusive jurisdiction of the federal and state courts located in the State of Ohio, County of Hamilton, for any actions, suits, or proceedings asserting a breach of this Agreement. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any action, suit or proceeding arising out of an alleged breach of this Agreement, in the courts of the State of Ohio or of the United States of America located in the State of Ohio, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in such court that any such action, suit, or proceeding brought in such court has been brought in an inconvenient forum.
  16. Force Majeure
    1. WeddPay will not be responsible for any delay or failure in the performance of the Website arising out of any cause beyond WeddPay’s control, such as acts of God, war, riots, fire, terrorist attacks, power outages, severe weather, or other accidents.
  17. Survivability
    1. The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Website, including, but not limited to, your duty to indemnify and defend WeddPay.
  18. Severability
    1. In the event any term or condition of this Agreement is deemed invalid or unenforceable, the remaining terms and conditions of this Agreement will remain in full force and effect.
  19. Interpretation
    1. This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
  20. Waiver and Integration
    1. No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is in writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.
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