The Proprietorship of Ms. Yashita Tawde (“TheWeddingEnsemble”, “TWE”, or “we”) is an online wedding planning website that provides curated information related to weddings for the modern couple that are searching for wedding inspirations. The services offered by us include the TheWeddingEnsemble websites located at TheWeddingEnsemble.com or any sub domain of TheWeddingEnsemble.com (the “TheWeddingEnsemble Website”), and any other feature, content or applications offered from time to time by TheWeddingEnsemble in connection with the TheWeddingEnsemble Website whether accessed directly or through our application for mobile devices (collectively, the “TheWeddingEnsemble Services”).
TheWeddingEnsemble may modify this Agreement from time to time and each modification will be effective when it is posted on the TheWeddingEnsemble Website. You agree to be bound to any changes to this Agreement through your continued use of the TheWeddingEnsemble Services. You will not be notified of any modifications to this Agreement so it is important that you review this Agreement regularly to ensure you are updated as to any changes.
WE URGE YOU TO THINK BEFORE YOU UPLOAD, SUBMIT OR EMBED CONTENT. THIS AGREEMENT PERMITS YOU TO UPLOAD TO, SUBMIT TO OR EMBED ON TheWeddingEnsemble SERVICES ONLY PHOTOS OR OTHER CONTENT THAT YOU OWN THE COPYRIGHT TO OR OTHERWISE HAVE THE RIGHT TO PUBLISH. BY UPLOADING, SUBMITTING OR EMBEDDING PHOTOS OR OTHER CONTENT THAT YOU DO NOT OWN THE COPYRIGHT TO OR DO NOT OTHERWISE HAVE THE RIGHT TO PUBLISH, YOU MAY SUBJECT YOURSELF TO LEGAL LIABILITY (SEE E.G., SECTIONS 4, 5 AND 6 BELOW). IT IS YOUR RESPONSIBILITY TO ENSURE YOU HAVE ADEQUATE RIGHTS TO PUBLISH TO TheWeddingEnsemble SERVICES ALL PHOTOS AND OTHER CONTENT YOU POST.
1. Eligibility. Use of the TheWeddingEnsemble Services is void where prohibited. By registering, you (i) represent and warrant that you have the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of this Agreement, and (ii) agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the TheWeddingEnsemble Services
2. Term. This Agreement shall remain in full force and effect while you use the TheWeddingEnsemble Services or are a User/ Vendor on the website. Vendor listing is an annual paid subscription listing and the vendor will be listing only after making the payment of their desired plan on TheWeddingEnsemble Website. Further the listing will take 24 to 96 working hours. TheWeddingEnsemble listing will be from the time the Vendor has made the payment. TheWeddingEnsemble may terminate your use of the TheWeddingEnsemble Website or the TheWeddingEnsemble Services, in its sole discretion, without any refund to the vendor, for any violation or no reason whatsoever, at any time, without warning or notice to you.
3. User Content.
- TheWeddingEnsemble does not claim any ownership rights in the text, files, images, photos, video, musical work, works of authorship, or any other materials (collectively, “User Content”) that you upload to, submit to, or embed on the TheWeddingEnsemble Services. You represent and warrant that you own the User Content posted by you on or through the TheWeddingEnsemble Services or that you otherwise have sufficient right, title and interest in and to such User Content to grant TheWeddingEnsemble the licenses and rights set forth below without violating, infringing or misappropriating the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You agree to pay for all royalties, fees, and any other finances owing any person by reason of any User Content posted by you to or through the TheWeddingEnsemble Services.
- After posting, uploading or embedding User Content to the TheWeddingEnsemble Services, you continue to retain such rights in such User Content as you held prior to posting such User Content on the TheWeddingEnsemble Services and you continue to have the right to use your User Content in any way you choose. However, by displaying or publishing (“posting”) any User Content on or through the TheWeddingEnsemble Services, you hereby grant to TheWeddingEnsemble a non-exclusive, royalty-free, transferable, sub licensable, worldwide license to use, display, reproduce, adapt, modify (e.g., re-format), re-arrange, and distribute your User Content through any media now known or developed in the future. Photographs used on the TheWeddingEnsemble Services on in any TheWeddingEnsemble publication will include attribution to the photographer and/or copyright holder. TheWeddingEnsemble hlds no rights to any content or image published on TheWeddingEnsemble website domain and sub-domain and on any social media accounts of TheWeddingEnsemble.
- Without this license, TheWeddingEnsemble would be unable to provide the TheWeddingEnsemble Services or its publications. For example, the license you grant to TheWeddingEnsemble is non-exclusive (meaning you are free to license your content to anyone else in addition to TheWeddingEnsemble), fully-paid and royalty-free (meaning that TheWeddingEnsemble is not required to pay you for the use of the User Content that you post), sub licensable (so that TheWeddingEnsemble is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the TheWeddingEnsemble Services), and worldwide (because the Internet and the TheWeddingEnsemble Services are global in reach).
- This license will terminate at the time you remove your User Content from the TheWeddingEnsemble Services except as to any User Content that TheWeddingEnsemble has sublicensed prior to your removal of your User Content from the TheWeddingEnsemble Services, which license shall continue in perpetuity.. To remove User Content, please send a request to hello@TheWeddingEnsemble.com and include a brief description of the item(s) to be removed along with a URL of the item(s) current location on the TheWeddingEnsemble Website. We will remove the item(s) as quickly as possible.
- The TheWeddingEnsemble Services contain content owned by TheWeddingEnsemble (“TheWeddingEnsemble Content”). TheWeddingEnsemble content is protected by copyright, trademark, patent, trade secret and other laws, and TheWeddingEnsemble owns and retains all rights in the TheWeddingEnsemble Content and the TheWeddingEnsemble Services. TheWeddingEnsemble hereby grants you a limited, revocable, non-sublicensable license to view the TheWeddingEnsemble Content (excluding any software code) solely for your personal use in connection with viewing the TheWeddingEnsemble Website and using the TheWeddingEnsemble Services. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any TheWeddingEnsemble Content appearing on or through the TheWeddingEnsemble Services.
- The TheWeddingEnsemble Services contain content of other Users and other TheWeddingEnsemble licensors (“Third Party Content”) and you are permitted to access the Third Party content solely for your personal use in connection with viewing the TheWeddingEnsemble Website and using the TheWeddingEnsemble Services. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Third Party Content appearing on or through the TheWeddingEnsemble Services.
4. Prohibited Content. TheWeddingEnsemble reserves the right, in its sole and absolute discretion, to determine whether User Content is appropriate; and to remove any User Content, without notice or liability to you, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial list of the types of User Content that TheWeddingEnsemble deems to be inappropriate:
- Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- Content that harasses or advocates harassment of another person;
- Content that involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; Content that promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- Content that criticizes a business or individual beyond that of merely offering an opinion;
- Content that exploits people in a sexual or violent manner;
- Content that includes racially, ethically, or otherwise objectionable language;
- Content that is libellous, defamatory, or otherwise tortious language;
- Content that solicits personal information from anyone under 18;
- Content that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- Content that contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- TheWeddingEnsemble’s right to remove inappropriate User Content shall not be its sole right with respect to inappropriate User Content and TheWeddingEnsemble expressly reserves the right to investigate and take appropriate legal action against anyone who, in TheWeddingEnsemble’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
5. Prohibited Activity. You expressly agree that you are prohibited from engaging in, and will not engage in, the following prohibited activities in connection with your use of the TheWeddingEnsemble Services:
- copying, modifying, translating, publishing, broadcasting, transmitting, licensing, sublicensing, assigning, distributing, performing, publicly displaying, or selling any Third Party Content or TheWeddingEnsemble Content appearing on or through the TheWeddingEnsemble Services;
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- covering or obscuring the banner advertisements on your personal profile page, or any TheWeddingEnsemble page via HTML/CSS/PHP/Wordpress or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the TheWeddingEnsemble Services or the networks or services connected to the TheWeddingEnsemble Services;
- attempting to impersonate another User, person, or representative of TheWeddingEnsemble;
- using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile or listing, without our permission;
- using any information obtained from the TheWeddingEnsemble Services in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, promoting any other wedding planning platform or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the TheWeddingEnsemble Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
- Using the TheWeddingEnsemble Services in a manner inconsistent with any and all applicable laws and regulations.
6. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to TheWeddingEnsemble or others (including without limitation Third Party Content or TheWeddingEnsemble Content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information. If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user. Without limiting the foregoing, if you believe that your work has been copied and posted on the TheWeddingEnsemble Services in a way that constitutes copyright infringement, please provide us with relevant proof and we ll be happy to take corrective action accordingly
7. User Disputes. You are solely responsible for your interactions with other TheWeddingEnsemble Users. TheWeddingEnsemble reserves the right, but has no obligation, to monitor disputes between you and other Users and to immediately terminate the privileges of any User for any reason or for no reason.
9. Promotions and Giveaways. From time to time, TheWeddingEnsemble will offer sweepstakes, promotions or giveaways on behalf of third parties. Each promotion or giveaway will have its own rules that will disclose what information is gathered, how that information is used, and who that information shared with. TheWeddingEnsemble encourages you to review such information prior to engaging with each sweepstakes, promotion or giveaway.
Without limiting the generality of the foregoing, TheWeddingEnsemble is not responsible for any incorrect or inaccurate Content posted on the TheWeddingEnsemble Website or in connection with the TheWeddingEnsemble Services. User Content created and posted on the TheWeddingEnsemble Website may contain links to other websites. TheWeddingEnsemble is not responsible for the accuracy or opinions contained in User Content or on third party websites linked from User Content. Such websites are in no way investigated, monitored or checked for accuracy or completeness by TheWeddingEnsemble. Inclusion of any linked website on the TheWeddingEnsemble Services does not imply approval or endorsement of the linked website by TheWeddingEnsemble. When you access these third-party sites, you do so at your own risk. TheWeddingEnsemble takes no responsibility for third party advertisements which are posted on this TheWeddingEnsemble Website or through the TheWeddingEnsemble Services, nor does it take any responsibility for the goods or services provided by its advertisers. TheWeddingEnsemble is not responsible for the conduct, whether online or offline, of any User of the TheWeddingEnsemble Services. TheWeddingEnsemble assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any Content. TheWeddingEnsemble is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the TheWeddingEnsemble Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the TheWeddingEnsemble Services. Under no circumstances shall TheWeddingEnsemble be responsible for any loss or damage, including personal injury or death, resulting from use of the TheWeddingEnsemble Services, attendance at a TheWeddingEnsemble event, from any Content posted on or through the TheWeddingEnsemble Services, or from the conduct of any Users of the TheWeddingEnsemble Services, whether online or offline. TheWeddingEnsemble cannot guarantee and does not promise any specific results from use of the TheWeddingEnsemble Services.
11. Limitation of Liability. IN NO EVENT SHALL TheWeddingEnsemble OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF TheWeddingEnsemble BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF TheWeddingEnsemble HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THEWEDDINGENSEMBLE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, PAID BY YOU TO TheWeddingEnsemble FOR THE TheWeddingEnsemble SERVICES DURING THE TERM OF YOUR USE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TheWeddingEnsemble SHALL NOT BE LIABLE FOR USER CONTENT OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS MAY NOT APPLY TO YOU
12. Special Admonitions for International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
13. Disputes; Choice of Law; Venue. If there is any dispute about or involving the TheWeddingEnsemble Services, you agree that the dispute shall be governed by the laws of Hyderabad, India. The prevailing party in any action brought in connection with this Agreement shall be entitled to an award of attorneys’ fees and costs incurred by the prevailing party in connection with such action.
15. Waiver and Severability of Terms. The failure of TheWeddingEnsemble to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
16. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (6) months after such claim or cause of action arose or be forever barred.