Terms of Use

Welcome to BridalPod Inc.’s Terms of Use agreement. For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at http://www.bridalpod.ph.  “Service” refers to the Company’s services, and contents accessed via the Site, in which users can access online. The terms “BridalPod Inc.,” “BridalPod,” “we,” “us,” and “our” refer to the Company.

BridalPod member (“member,” “you,” and “user”) includes soon-to-be brides and grooms as the user of our Site or our Service, and wedding guests (collectively, as “wedding guests”). BridalPod registrant (“registrant,” “registered user,” and “registered member”) refers to a member who creates a registry on BridalPod’s Wedding Registry.  BridalPod supplier (“supplier,” and “supplier member”) refers to companies and other third parties offering products and services related to weddings. And member, registrant, wedding guest, and supplier refer to “all members” collectively.

The following Terms of Use apply when you and wedding guests view or use the Service via our website located at http://www.bridalpod.ph.

Please review the following terms carefully, and any additional terms of use that are referenced below or otherwise may apply to specific areas of, or offerings on or through, the Site.

Like when you enter a contest, sweepstakes or similar promotion or offer, we present the terms of use for the contest or sweepstakes to you. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service. We reserve the right to amend these Terms of Use from time to time without notice. All modified terms of use shall take effect immediately after posting to the Site. We encourage you to review this page periodically because any changes will be binding on you. This Agreement may not be modified, amended, and/or changed by you in any manner.

PRIVACY POLICY
The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy found here http://www.bridalpod.ph/privacy-policy/ which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.

ABOUT THE SERVICE
The Service allows members to use services provided by the site.

USE OF OUR SITE
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE

Membership
You need to be of legal age to register for and use the Service.

If you are a user who registers for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Company.  You are responsible for all activity occurring when the Site is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

To access certain Services or pages of the Site, you may be required to provide personal information as part of membership registration. In addition, certain features of the Site are only available to our registered users. You agree to provide true, accurate, current and complete information about yourself, and you are responsible for keeping such information up-to-date. The information you submit must describe you (you may not imitate or pretend to be another person or entity), and you may not sell, share or otherwise transfer your account information.

Members:
You acknowledge that the Site function solely as a neutral venue and innovative digital site where Members and Suppliers may connect for a particular type of service or product. We are not involved in or a party to the actual transaction between Members. We have no control over the quality, accuracy, safety, or legality of the transactions offered by such Suppliers. The accuracy of listings, the ability of Suppliers to provide items or perform services, and we make no representations or warranties and are not liable or responsible for the actions or inactions of Members or Suppliers. Any dispute you have with a Supplier Member is between you and the Supplier Member, and we will not be a party to that dispute. You are solely responsible for your interactions with other Suppliers. We reserve the right, but have no obligation, to monitor disputes between you and other Suppliers.

We cannot and will not guarantee each supplier member’s portfolio, works, or that it has obtained all required permits and licenses to do business. You should only use BridalPod as a starting point for identifying suppliers to provide the products and services you need for your wedding, you may conduct your research to ensure that suppliers you choose to do business with are right for you.

You acknowledge that participation in certain promotions, when and if available, may under certain circumstances result in Supplier Members receiving contact information from you in accordance with the terms of use governing these promotions.

Supplier Members:
You acknowledge that the Site function solely as a neutral venue where Members and Suppliers may connect for a particular type of service or product. We are not involved in or a party to the actual transaction that you and the Member entered into nor we are responsible for assisting you in providing goods or services to Members. Any dispute you have with a Member is between you and the Member, and we will not be a party to that dispute.

If you are signing up as a business entity, you represent that you have the authority to bind the entity to this Agreement. If you are agreeing to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement and, in such event, “you,” and  “your” refer to that company or other entity.

While all Members are required to provide accurate information about themselves, we cannot and will not verify this information or guarantee the ability of Members to pay for any goods or services you provide.  You are responsible for obtaining all permits, licenses, and consents required to deliver your goods or services. Supplier Members must list the true and correct name of their business on the Site and if there is a change to that business name, it is the Supplier Member’s responsibility to promptly update his or her portfolio. When a Supplier Member unsubscribes or leaves the Site, we will be entitled to standard directory information, such as business name, mailing address, email address, website address and telephone number, as well as retain all reviews associated with a Supplier Member on the Site.

Subscription Terms: For Supplier members, your membership to Site’s Supplier Directory, or your access to or use of such areas may be subject to subscription fees, and terms of use. Free supplier memberships may be offered by BridalPod periodically. These free supplier memberships do not guarantee any advertising placement or other benefits. BridalPod reserves the right to modify the terms of or cancel any such free supplier memberships.

USE RESTRICTIONS
Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions:
You agree that you will not under any circumstances:

•  collect or harvest any personal data of any user of the Site or the Service
•  use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise;
•   distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
•   use the Service for any unlawful purpose or for the promotion of illegal activities;
•   attempt to, or harass, abuse or harm another person or group;
•   create an account in another’s name;
•   create more than one account;
•   attempt to, or harass, abuse or harm another person or group;
•   use another registered user’s account without permission;
•   intentionally allow another user to access your account;
•   provide false or inaccurate information when registering an account;
•   interfere or attempt to interfere with the proper functioning of the Service;
•   make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
•   bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
•   circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or
•   publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer;
•   violate any part of this Agreement.

POSTING AND CONDUCT RESTRICTIONS
When you create your own personalized account, and Supplier members create their portfolio, both members may be able to provide any form of content, such as images, videos, text, and audio (“User Content”) to the Service. All members are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. All members agree that we are only acting as a venue for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its sole discretion. We grant all members permission to use and access the Service, subject to the following express conditions surrounding User Content. All members agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.

By transmitting and submitting any User Content while using the Service, all members agree as follows:

•  You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
•  You will not post information that is malicious, libelous, false or inaccurate;
•  You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
•  You will retain all ownership rights in your User Content but you are required to grant the following rights to the Site and to users of the Service as set forth more fully under the “License Grant” and “Intellectual Property” provisions below: When you upload or post User Content to the Site or the Service, you grant to the Site a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service; and you grant to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the Service and under these Terms of Use;
•  You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
•  You will not post content that promotes any third party directly or indirectly that is in conflict with our Site and Services.
•  You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice.

All members understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that all members make available or access through your use of the Service is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content.

The Site does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users.

ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.

Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Site or the Service. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. E-mails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law. The Company shall have the right to remove any material that in its sole opinion violates or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.  Unauthorized use may result in criminal and/or civil prosecution under local law. If you become aware of misuse of our Service or violation of these Terms of Use, please contact us at contactus@bridalpod.ph.

LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
We respect the intellectual property rights of others and requires that the users do the same. Pursuant to Republic Act No. 8293, Philippines Copyright Act or IPOPHL, we have adopted a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for all members or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, please contact us at contactus@bridalpod.ph and follow our Notice and Procedures for Making Claims of Copyright Infringement below.

1.  The date of your notification;
2.  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3.  A description of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
4.  A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
5.  Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
6.  A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
7.  A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may contact us at contactus@bridalpod.ph and send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

1.  Your physical or electronic signature;
2.  A description of the content that has been removed and the location at which the content appeared before it was removed;
3.  A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
4.  Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the court in [insert city of residence or incorporation] and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our company, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the supplier member or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.

LICENSE GRANT
By posting any User Content via the Service, all members expressly grant, and all members represent and warrant that all members have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

INTELLECTUAL PROPERTY
All members acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks, and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, all members: (a) consent to receive communications from us in an electronic form via the email address that have been submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect non-waivable rights.

WARRANTY DISCLAIMER
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE,  OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with one or more users, a supplier or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

MODIFICATION OF TERMS OF USE
We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective. No purported waiver or modification of this agreement on our part via telephone, mobile phone or email communications shall be valid.

GENERAL TERMS
You acknowledge and agree that We have the sole discretion to set forth and post additional terms of use for your use of the Site. You agree that those additional terms of use shall be considered an effective amendment to this Agreement and said terms and use shall be incorporated herein. Furthermore, you expressly agree that if there is any conflict between those additional terms and use and the Terms set forth herein, the additional terms of use shall govern. BridalPod Inc. retains the right to revise its service offerings, including the tools made available to you, at any time for any reason including without limitation to comply with any applicable law or regulation.

If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the laws of the Philippines without regard to conflict of law provisions.

We may assign or delegate these Terms of Use and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS OF USE. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT http://www.bridalpod.ph/privacy-policy/ REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

 

Updated January 29, 2020