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.
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
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.
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 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.
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;
- divert communication or contact from the Site when a Message Center is provided by the Site or 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 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.
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.
LINKS TO OTHER SITES AND/OR MATERIALS
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 firstname.lastname@example.org and follow our Notice and Procedures for Making Claims of Copyright Infringement below.
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- 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
- 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 email@example.com and send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- 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
- 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.
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.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
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.
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.
Updated April 23, 2020