Terms and Conditions
Agreement between Bridalnegotiator, LLC and Site User
Bridalnegotiator.com is owned and operated by Bridalnegotiator, LLC ("Company" or "Bridalnegotiator"). This Agreement describes the terms and conditions applicable to the services available through and the use of this website, Bridalnegotiator.com and all related webpages and websites ("Site"). This Agreement describes your responsibilities and, among other things, limits the liability of Bridalnegotiator. BEFORE NAMING A PRICE AND/OR USING THE SITE OR USING ANY OF THE SERVICES PROVIDED ON THIS SITE, PLEASE READ ALL OF THIS AGREEMENT CAREFULLY. BY ACCESSING ANY AREAS OF THIS SITE OR USING THIS SITE IN ANY WAY, YOU ("SITE USER", "USER", OR "YOU") AGREE TO BE LEGALLY BOUND WITHOUT LIMITATION, QUALIFICATION, OR CHANGE AND TO ABIDE BY THESE TERMS AND CONDITIONS, WHICH WILL CONSTITUTE OUR AGREEMENT ("AGREEMENT"). This Agreement together with Bridalnegotiator's Privacy Policy constitutes the entire agreement between Site User and Bridalnegotiator with respect to the subject matter hereof and supersedes all prior agreements and understandings, oral or written, between User and Bridalnegotiator with respect to the subject matter hereof. If at any time Site User does not agree with any part of this Agreement, SITE USER MUST DISCONTINUE USE OF THIS SITE. Bridalnegotiator reserves the right, in its sole discretion, to amend, modify, or alter this Agreement at any time by posting the amended terms on this Site. Bridalnegotiator recommends that Site User review this Agreement periodically. The amended terms shall be effective from and after the date that they are posted on the Site. This Agreement may not otherwise be amended except in writing signed by both parties.
Definitions
"Profile" - each Professional's page contained on the Site which includes samples of the Professional's photography or videography work, other photographs and video, biography, and related information.
"Company" or "Bridalnegotiator" - Bridalnegotiator, LLC, the owner and operator of bridalnegotiator.com.
"Site" - bridalnegotiator.com and all related webpages and websites.
"User", "Site User", or "You" - you, the user of the Site.
"Covered Parties" - Bridalnegotiator, including its respective officers, directors, employees, representatives, subsidiaries, affiliates, distributors, contractors, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Site and its contents.
"Professional" - any photographer, videographer, or disc jockey that has a profile listed on the Site and is available for a Booking.
"Book" - hiring, engaging, reserving, or retaining the services of a Professional using the Site and its Name a Price process.
"Booked Professional" - the Professional that Site User has Booked for Site User's wedding. This Professional has accepted Site User's Name Price submission.
"Booking" - the engagement created between the Site User and the Booked Professional by using the Site and its Name a Price process.
"Name a Price" or "Name Price" - the act or process of naming and submitting a price in order to complete a Booking.
"Price Named" - price named by Site User in the Name a Price process.
Minors
Persons under the age of 18 are not eligible to use any services on the Site.
Acceptable Use/License
Bridalnegotiator grants Site User a limited, personal, nontransferable, non-sublicensable, revocable license to access and use this Site only as expressly permitted in this Agreement. Except for this limited license, Bridalnegotiator does not grant Site User any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved. All of the content and information on this Site, including, but not limited to, any and all information listed in any Profile, as well as the infrastructure used to provide such content and information, is proprietary to Bridalnegotiator. Site User agrees not to:
- use this Site or its contents or information for any purpose (direct or indirect) other than to Book a Professional for their wedding or purchase goods and services available on the Site;
- modify, copy, store, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, data, software, products, booking processes, or services obtained from this Site in any way;
- use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site;
- take any action that imposes, or may impose, in the discretion of Bridalnegotiator, an unreasonable or disproportionately large load on the Bridalnegotiator infrastructure;
- use the Site to copy, publish or send mass mailings, spam, or other unsolicited commercial email;
- use the Site in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- use the Site for any purposes related to marketing without Bridalnegotiator's express written consent.
- access, monitor or copy any content or information of this Site using any automated or manual means or process for any purpose without express written permission of Bridalnegotiator;
- deep-link to any portion of this Site for any purpose without express written permission of Bridalnegotiator;
- deliver any unlawful (according to local, state, federal, or international law or regulation) content or postings to or through the Site, or content or postings which advocate illegal activity;
- deliver, or provide links to any website whatsoever, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
- deliver or provide links to, any postings containing defamatory, false or libelous material;
- deliver or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
- deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
- deliver any posting that Site User does not have a right to make available under law, fiduciary, or contractual relationships;
- impersonate another person or entity or falsely state or otherwise misrepresent Site User's affiliation with a person or entity, or adopt a false identity;
- use this Site for any purpose that is prohibited by this Agreement and/or any applicable additional terms;
- use this Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Site or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
- bypass or circumvent any and all measures employed to prevent or limit access to this Site;
- attempt to gain unauthorized access to this Site, any related website, other accounts, computer system, or networks connected to this Site, through hacking, password mining, or any other means; and,
- obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site, including harvesting or otherwise collecting information about others such as email addresses.
Site User may only use the Site to Name a Price and Book a Professional and shall not use the Site to make any speculative, false or fraudulent Name a Price submissions. Site User represents that Site User is of sufficient legal age to create binding legal obligations with Professionals and Bridalnegotiator and for any liability Site User may incur as a result of Site User's use of this Site. Site User agrees to provide correct and true information in connection with Site User's use of the Site and Site User agrees to promptly update Site User's account information in order to keep it current, complete and accurate. It is a violation of law to Name a Price or Book a Professional in a false name. Please be aware that even if Site User does not give Bridalnegotiator Site User's real name, Site User's web browser transmits a unique Internet address to Bridalnegotiator that can be used by law enforcement officials to identify Site User. Fraudulent users will be prosecuted to the fullest extent of the law.
Disclaimer of Warranties
All content and material, including software, products, services, information, text, Profile information, and related graphics contained within or available through this Site are provided on an "as is," "as available" basis. Bridalnegotiator makes no representations or warranties of any kind, either express or implied as to the operation of this Site or the information, content or materials included on this Site to the fullest extent permissible pursuant to applicable law. Bridalnegotiator disclaims all representations and warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantiability or satisfactory workmanlike effort, informational content, title, or non-infringement of the rights of third parties. Bridalnegotiator does not warrant or make any representations that this Site will operate error-free or uninterrupted, that defects will be corrected, or that the Site and/or its servers will be free of viruses and/or other harmful components. Bridalnegotiator does not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained within the Site for any purpose, including software, products, services, information, text, Profile information, and related graphics content.
Bridalnegotiator is not responsible for any failures caused by server errors, misdirected or redirected transmissions, failed internet connections, interruptions in the transmission or receipt of Name a Price submissions or, any computer virus or other technical defect, whether human or technical in nature.
Without limiting the foregoing, no warranty or guarantee is made (i) regarding the acceptance of any Price Named, (ii) that a Site User will be able to Book a Professional using the Site, (iii) regarding the availability or amount of Professionals through the Site, (iv) regarding the amount of money saved from the use of the Site as compared to other booking methods, or (v) that a Booked Professional will perform a certain service, a certain quality of service, or any service at all.
General Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COVERED PARTIES (DEFINED IN PARAGRAPH 1) BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER, INCLUDING SITE USER, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RELATING TO OR RESULTING FROM: (I) SITE USER'S INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (II) UNAUTHORIZED ACCESS TO OR TAMPERING WITH SITE USER INFORMATION, PRICES NAMED, BOOKINGS OR TRANSMISSIONS; (III) THE PROVISION OR FAILURE TO PROVIDE ANY BOOKING OR PROFESSIONAL; (IV) ERRORS OR INACCURACIES CONTAINED IN PROFESSIONAL'S PROFILE OR ON THE SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (V) ANY TRANSACTIONS OR BOOKINGS ENTERED INTO THROUGH THIS SITE; (VI) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; (VII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, PROFESSIONAL'S PROFILE, BOOKING, ANY DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE. (VIII) SITE USER IS DISPLEASED WITH THE SERVICES PERFORMED, RESULTS OF THE SERVICES PERFORMED, OR LACK OF SERVICES PERFORMED BY A BOOKED PROFESSIONAL, OR (IX) ANY OTHER DISPUTE IN REGARD TO BOOKED PROFESSIONAL. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Further, to the extent permitted by law, the Covered Parties accept no responsibilities for any damage and/or delay due to Site User event/wedding cancellations, product and album shortages, sickness, pilferage, labor disputes, bankruptcy, weather, or other causes. The Covered Parties shall not be responsible for any actions or conduct of a Site User, Site User's breach of any duties nor shall the Covered Parties be responsible for any other wrongdoing of a Site User (including any liability in tort). The Covered Parties shall not be responsible for any Site User's failure to comply with this Agreement nor for any Site User's failure to comply with applicable federal, state, provincial and local law.
Indemnification
Site User agrees to defend, indemnify, and hold harmless the Covered Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought (i) by Site User or on behalf of Site User, or by any family member or guest at Site User's wedding; (ii) by any individual or entity in relation to Site User's:
- breach of this Agreement or violation of the terms and conditions set forth herein; or
- violation of any law or the rights of a third party.
Restricted Access
Site User's access to this Site and related account may be terminated immediately in Bridalnegotiator's sole discretion, with or without notice, if Site User fails to comply with any provision of this Agreement and/or additional terms, or for any reason, or no reason. Bridalnegotiator reserves the right to restrict access to areas of the Site, or the whole Site, at Bridalnegotiator's discretion.
Third Parties
Site User is prohibited from using the Site, in any way, for or on behalf of a third-party ("Third Party"), such as a family member or friend. For example, Site User may only create an account on the Site, Name a Price, or Book a Professional on Site User's behalf only, not on behalf of any Third Party.
Intellectual Property Rights and Copyright Notice
Site User acknowledges that all content and material included on this Site, including but not limited to, the information, data, software, photographs, graphs, video, Profiles typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, "Content") and the arrangement and compilation of the Content are intellectual property and copyrighted works of and owned by Bridalnegotiator. Reproduction or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code, or other applicable laws, and all applicable international copyright treaties and conventions, including without limitation, the Berne Convention and the Universal Copyright Convention. Subject to the license in Paragraph 3, all of Bridalnegotiator's intellectual property rights are reserved.
Login Information
If Bridalnegotiator provides Site User with a user ID and password to enable Site User to access restricted areas of the Site or other content or services, Site User must ensure that the user ID and password are kept confidential. Site User accepts responsibility for all activities that occur under Site User 's user ID or password. Bridalnegotiator may disable Site User 's user ID and password at Bridalnegotiator's sole discretion.
Professional Status
The Site User acknowledges and agrees that each Professional is not an employee, independent contractor, agent, or have any other such relationship with Bridalnegotiator. Site User acknowledges and agrees that when Site User Books a Professional using the Site, Site User hires, engages, and retains the Professional directly and enters into a legal relationship for the performance of services with the Professional only. Site User agrees and acknowledges that Bridalnegotiator is not a party to this relationship. Bridalnegotiator is merely a listing service that allows Site Users to research and Book Professionals to perform photography, videography, or disc jockey services at the Site User's wedding. Therefore, Site User releases Bridalnegotiator from any and all liability and damages that may result from a Booked Professional's services or failure to perform services. Site User agrees that Site User's recourse is with the Booked Professional only and, as a result, indemnifies Bridalnegotiator for any liability and damages that may result from the Booked Professional's services or failure to perform services. Similarly, Site User releases Bridalnegotiator from any and all claims related to Booked Professional's services or failure to perform services.
Name a Price and Booking
On the Site, the Site User will review the Professional(s) that perform Site User's desired service. Site User will then Name a Price and select which Professional(s) will have the ability to accept the Price Named by Site User. Only these Professional(s) selected by Site User will be able to review the Price Named by Site User and ultimately accept Site User's Price Named and become the Booked Professional. Once a Professional accepts Site User's Price Named and becomes the Booked Professional, Site User's credit card will be charged in the amount of the Price Named (plus sales tax, if applicable, and plus the cost of any additional products purchased by Site User).
Copyright and Model Release
Site User acknowledges and agrees that all photography or video taken by a Booked Professional, and rights therein, including copyright, remain the sole and exclusive property of Bridalnegotiator. If the Site User will receive a CD or DVD of the wedding photographs, then the Site User will be provided a separate letter describing their rights in regard to the photographs.
Site User hereby assigns and grants Bridalnegotiator and its legal representatives the irrevocable and unrestricted right to use, sell, display and publish photographs and video of the Site User or in which the Site User may be included, for portfolio, exhibition, public display, competition, promotion, editorial, trade, advertising, website and internet promotion, or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Site User hereby releases Bridalnegotiator and its legal representatives and assigns from all claims and liability relating to said photographs and video.
Site User hereby indemnifies Bridalnegotiator against any claims and damages, including reasonable legal fees, arising from the Site User's use of the photographs and materials and Bridalnegotiator's use of any material under instruction from the Site User. The Site User is responsible for any copyright license fees for music or other material used in photo slideshows or montages, or other materials. Accordingly, the Site User indemnifies Bridalnegotiator against any claims or damages for using such music.
BridalGuard
All bookings are non-refundable, non-endorsable, and non-changeable except as outlined in this section 14.
Cancellation Refund. If Site User Books a Professional using the Site and subsequently cancels Site User's Wedding, then Site User will be provided a refund according to the following:
- If the Site User informs Bridalnegotiator in writing that Site Users wedding is cancelled more than six (6) months prior to the Wedding date, then Site User will receive a refund equal to 80% of the Price Named.
- If the Site User informs Bridalnegotiator in writing that Site Users wedding is cancelled between three (3) months to six (6) months prior to the Wedding date, then Site User will receive a refund equal to 40% of the Price Named.
- If the Site User informs Bridalnegotiator in writing that Site Users wedding is cancelled less than three (3) months prior to the Wedding date, then Site User will receive no refund.
Emergency Refund or Replacement. If Site User's Booked Professional has an emergency, accident, injury, or otherwise indicates he or she is unable to perform the services booked on the Site, Site User may request that Bridalnegotiator ask other Professionals in the area of Site User's wedding if they are willing and available to perform the booked service at Site User's wedding. If any such Professionals are available and willing to perform such services at the Named Price, then Site User may choose to book one of these Professionals. If Site User does not want Bridalnegotiator to assist in locating a replacement, then Site User may request to receive a refund. If Site User requests to receive a refund, then Site User must provide proof or evidence to Bridalnegotiator that the Booked Professional has indicated that he or she is unable to perform the services booked on the Site. After the Site User provides this information, it is in the sole discretion of Bridalnegotiator to choose to provide the requested refund or to secure a substitute Professional. Site User agrees and acknowledges that Bridalnegotiator may deduct processing and administrative fees from the refund amount.
After Booking Contact
The Site User acknowledges and agrees that, after Site User Books a Professional, the Site User's primary contact is the Professional for any and all matters related to the Site User's wedding or Professional's services.
Products
If any of the products, including albums, sold by Bridalnegotiator, are discontinued, changed, or otherwise modified by the products' supplier or manufacturer, Bridalnegotiator may cancel any order by Site User that includes the aforementioned product and provide a refund of the amount paid for the product.
Album Design. If Site User purchases an album that includes an album design, then Bridalnegotiator will design the page layout based on the photograph selections made by Site User. Site User will then have the ability to make revisions to the design. If the revisions are substantial or significant, then Bridalnegotiator may charge an additional design fee to Site User to complete the revisions. Site User agrees and acknowledges that what constitutes "substantial or significant" revisions is in the sole discretion of Bridalnegotiator.
Non-Disparagement
The Site User agrees not to defame, disparage or demean Bridalnegotiator or its employees, officers, contractors, Professionals, or owners in any manner whatsoever. A disparaging statement is any communication, oral or written, which would cause or tend to cause humiliation or embarrassment or to cause a recipient to question the business condition, integrity, product and service, quality, confidence or good character of any of these persons or entities. In addition, if the Site User, the Site User's friends, wedding guests, or family do, in fact, disparage Bridalnegotiator or its employees, officers, or members, then the Site User agrees that the Site User will make every effort to remove, retract, or delete the disparaging statement(s). If Site User makes a disparaging statement or fails to make every effort to remove, retract, or delete a disparaging statement made, then, for each disparaging statement made or every failure to remove, retract or delete such statement, Site User agrees to pay liquidated damages of One Thousand Dollars ($1,000.00) to Bridalnegotiator plus court costs and legal fees incurred by Bridalnegotiator in enforcing this provision.
Non-Waiver
The failure by one party to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
No Authority to Contract for or Bind Bridalnegotiator
Site User acknowledges that each Professional has no authority to enter into contracts or agreements on behalf of Bridalnegotiator or to bind Bridalnegotiator to any contracts or obligations of any kind.
Assignment
The rights, duties and privileges of Site User shall not be transferred or assigned by Site User, in whole or in part, without the prior written consent of Bridalnegotiator.
Headings
The headings used in this Agreement are for convenience only and are not to be used in construction or interpretation.
Governing Law and Interpretation
This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to its conflict of laws provision. Should any provision of this Agreement be declared illegal or unenforceable by any court of competent jurisdiction and cannot be modified to be enforceable, such provision shall immediately become null and void, leaving the remainder of this Agreement in full force and effect.
Consent to Jurisdiction and Forum Selection
The Site User acknowledges and agrees that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the State and Federal courts located in Allegheny County, Pennsylvania. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the State and Federal courts located in Allegheny County, Pennsylvania shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid, to its address for the giving of notices as set forth in this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.