Vow Venue USA Terms of Use
Our website address is: https://vowvenue.com/
Effective Date: January 31, 2024
These Terms of Use describe the terms and conditions (the “Terms”) of Vow Venue USA (“VV,” “we,” “us,” or “our”). These Terms apply to all websites and mobile applications owned and operated by us or our affiliates that link to these Terms and related online and offline services to it (including our social media pages) (collectively, the “Services”).
1. Your Acceptance of the Terms
By using or accessing the Services, you confirm your agreement to be bound by these Terms and our Privacy Policy, which are incorporated herein by reference. If you disagree with these Terms and the Privacy Policy, please do not use or access the Services. The Terms expressly supersede any prior Terms of Use between you and us or any of our affiliates or predecessors. Certain features or products available through the Services may be subject to additional terms and conditions presented to you when you use or purchase them. For example, any contests, sweepstakes, or other promotions (each a “Promotion” and, collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules and our Privacy Policy. If the rules for a Promotion conflict with the Terms, the Promotion rules shall apply.
PLEASE CAREFULLY REVIEW SECTION 21, “MANDATORY ARBITRATION AND CLASS ACTION WAIVER,” SET FORTH BELOW AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS INCLUDED HEREIN AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
In our sole discretion, we reserve the right to change, modify, add, or remove portions of these Terms at any time, and you agree to be bound by such modifications or revisions. You must check the Terms periodically because any changes will be binding on you. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
2. The Services and Users of the Services
Our Services offer an innovative community and marketplace for the wedding industry and other important life events. Our Services are only available to business entities and individuals at least 18 years of age who can form legally binding contracts under applicable law.
Users of our Services include individual users such as prospective brides and grooms, newlyweds, wedding guests, people hosting an event, cohabitants of a residence, expectant parents (collectively, “Members”), and companies and other third parties offering products and services related to weddings or other important life events (collectively, “Vendors”) (all the preceding, including Members and Vendors, are referred to collectively, herein as “Users”). Certain areas of the Services may provide a place for Members to interact with Vendors and book services that a Vendor offers.
A. Members
As a Member, you acknowledge that while we use techniques to help verify the identity of Vendors when they register for memberships or subscriptions on our Services, we cannot and will not guarantee each Vendor’s identity, capabilities that it has obtained all required permits, licenses or consents, or that it complies with all applicable laws. We neither endorse any vendor or venue nor guarantee the quality of their goods or services. You should use our Services as a starting point for identifying organizations that provide the products and services you need, then conduct your research to ensure the service providers you choose to do business are appropriate for you.
B. Vendors
Suppose you agree to the Terms on behalf of a company or other legal entity. In that case, you represent and warrant that you have the authority to bind that company or other legal entity to the Terms and, in such event, “you” and “your” refer to that company or other entity.
As a Vendor, you acknowledge that we will not endorse you or your products or services. We are not responsible for assisting you in reaching an agreement with Members. We are not responsible for assisting you in providing goods and services to Members. Your membership or subscription to our Services may not be transferred or sold to another party.
As a Vendor, you must list your business’s proper and correct name on the Services. If there is a change to that business name, Vendors must promptly update the Services and may need to provide additional documentation for proof of name change. Vendors who sell goods and services must have a valid business operations license. If you or your company experiences a dissolution, merger, or other significant change in personnel (e.g., sale of the company), then we, in our sole discretion, have the right to determine whether to keep active, transfer, or terminate your account, including all content previously associated with such account.
We may offer different types of paid and free memberships or subscriptions. For instance, we may offer “Basic,” “Free Trial,” “Beta,” or other unpaid vendor memberships. These unpaid Vendor memberships do not guarantee any advertising placement or other benefits. We reserve the right to modify the terms of or cancel any such unpaid vendor memberships. We may also offer memberships or subscriptions for which a Vendor pays (“Paid Subscriptions”). Additional terms and conditions described in the Terms of Purchase apply to such Paid Subscriptions and are made a part of the Terms by reference. If there is a conflict between the Terms and the terms for any service offered on or through the Services, such as Paid Subscriptions, the latter terms shall control your use of that portion of the Services.
3. We Are a Neutral Venue
As a User, you acknowledge that we are not a product or service provider, vendor, or agent representative for any Vendor. We and the Services function solely as a neutral venue and digital clearinghouse where Users may connect for a particular service or product.
We are not involved in or a party to the transaction between Users. As a result, we have no control over the existence, quality, accuracy, safety, or legality of the transactions that take place on our Services or the accuracy of any Vendor listings. We have no control over the ability of Vendors to provide items or perform services or the ability of Members to pay for any goods and services. We make no representations or warranties and are not liable or responsible for the actions or inactions of our Users.
4. Nondiscrimination Policy
We want all Users to feel welcome and included in our Services. Accordingly, we prohibit discrimination against Users, guests, or Our Representatives (as defined below) based on race, color, religion, sex, national origin, ancestry, ethnicity, immigration status, disability, marital, family, pregnancy status, sexual orientation, gender identity, gender expression, veteran or citizenship status, age, or any other characteristic protected under applicable federal, regional, state, or local law. Such discrimination includes but is not limited to refusing to provide or accept services or any other conduct that improperly considers these characteristics. This prohibition applies to posting discriminatory content on the Services, such as reviews or forum posts. At our discretion, we will take steps to enforce this policy, up to and including suspending from our Services those Vendors and Members who violate this policy. If you experience discrimination with any Member or Vendor, don’t hesitate to contact us at vowvenuedirectory.com with the subject “Nondiscrimination Policy” so we can investigate and take appropriate measures.
We reserve the right to suspend any User’s access to the Services and cancel the contract of any Vendor who violates these rules or who engages in offensive and detrimental behavior, including behavior that shocks, insults, or offends the community and public morals and decency, including through making racist, discriminatory, or offensive comments on our properties and elsewhere or by taking actions that would tend to reflect poorly on us.
5. Jurisdictional Issues
We control and operate the Services from our facilities in the United States of America, and unless otherwise specified, the materials displayed on the Services are presented solely to promote products and services available in the United States, its territories, possessions, and protectorates. We do not represent that materials on the Services are appropriate or available for use in other locations. If you choose to access the Services from other locations, you are responsible for compliance with local laws, if and to the extent that local laws are applicable.
6. Accounts, Passwords and Security
To access certain features or areas of the Services, you may be required to register and create an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date (this includes your contact information so that we can reliably contact you). In addition, certain service features may only be available to our registered Users.
You must log in using your username and password to access those service areas. You are responsible for all activity occurring when the Services are 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. We are not liable for any loss or damage arising from your failure to protect your password or account information.
7. Privacy
Our Privacy Policy describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services, you consent to this information’s collection and use (as outlined in the Privacy Policy), including the processing and use by us and our affiliates. To the extent that you interact directly with a Vendor through our Services, you are subject to their Privacy Policy in connection with such interactions.
8. Rules for Using the Services
You must comply with all applicable laws and contractual obligations when you use the Services. You also agree to abide by the rules outlined below when using the Services.
Users of the Services
As a User of the Services, you expressly agree not to:
● Create an account in another person’s or entity’s name, create more than one account, use another’s account, or impersonate another person or entity.
● Use the Services for any purpose that is unlawful or prohibited by these Terms or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others.
● Restrict or inhibit other Users from using and enjoying the Services.
● “Harvest,” “scrape,” “stream catch” or collect information from the Services using an automated software tool (including but not limited to the use of robots, spiders, or similar means) or manually on a mass basis (unless we have given you separate written permission to do so); This includes, for example, information about other Users of the Services and information about the offerings, products, services, and promotions available on or through the Services.
● Circumvent or reverse engineer the Services or our systems or to gain unauthorized access to any areas of the Services, or any other systems or networks connected to the Services, or to any of the services offered on or through the Services that are not intended for access by you, by hacking, password “mining,” or any other illegitimate means.
● Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or our systems or networks, or any systems or networks connected to the Services, including by “flooding” the Services with requests.
● Use the Services to gain competitive intelligence about us, the Services, or any product offered via the Services or to otherwise complete with us or our affiliates, or use information on the Services to create or sell a similar product or information;
● Manipulate or forge identifiers to disguise the origin of any information posted on the Services or otherwise provided to us or our employees;
● Use the Services to promote spamming, chain letters, or other unsolicited communications; or
● Engage in tactics, or direct or encourage others, to attempt to bypass the Services or our systems to avoid complying with any of our applicable policies, including these Terms, paying applicable fees, or complying with other contractual obligations, if any.
Vendors
If you are a Vendor, you further expressly agree not to:
● Violate any applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Services and your listing, shipping, transporting, and solicitation of offers to ship and transport items;
● Include promotional text or endorsements in your storefront name or your storefront picture(s);
● Discourage, either through the Services or otherwise, any Member from hiring other Vendors of the Services or
● “Farm” out Member leads (i.e., taking Member leads provided to you and transferring them to others, not Vendors of the Services).
We reserve the right to suspend any User’s access to the Services and/or cancel the contract of any User that violates these rules.
9. Protection of Intellectual Property Content
Our Services contain copyrighted material, inventions, know-how, potentially patentable business method material, design logos, phrases, names, logos, HTML code, and/or other computer code and/or scripts (collectively, “Intellectual Property Content”).
Unless otherwise indicated and/or provided under a third-party license, our Intellectual Property Content is our sole property, and we retain all appurtenant rights, interests, and title to it. We also claim ownership rights under the copyright and trademark laws about the “look,” “feel,” “appearance,” and “graphic function” of this Services, including but not limited to its color combinations, sounds, layouts, and designs.
You may use the Services (including any content and materials included on them) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Services unless explicitly authorized in these Terms. You may not frame or link to the Services without our written permission.
The Services contain trademarks, trade names, trade dress, service marks, domain names, or other indicia of ownership (collectively the “Marks”) owned or licensed for use by us, including but not limited to Vow Venue, Vow Beats, Vow Pic, Vow Vid, Vow Booth, Perfect Harmony Entertainment, Mixtape Entertainment, and The Wedding Profit. Unless otherwise agreed to in writing, you agree that no right, property, license, permission, or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you under the execution, performance, or non-performance of the Terms or any part thereof.
You shall in no way contest or deny the validity of our right of title to or license of use for the Marks, and you shall not encourage or assist others directly or indirectly to do so during the lifetime of the Terms and after that. You shall not utilize the Marks or any similar marks in any manner that would diminish their value or harm their reputation.
You shall not use or register any domain name, trademark, or service mark identical to or similar to any of the Marks.
10. Content Submitted by Users
The Services may allow Users to submit or post information to the Services and share information with other Users through message boards, Vendor advertisements, listings, and other means. You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information.
Any information submitted to the Services is “Submitted Content.”
By posting Submitted Content, you expressly represent and warrant the following: (i) you are the owner, with all appurtenant rights to it, of any Submitted Content; or (ii) you are the legitimate and rightful grantee of a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce, and distribute Submitted Content. You further represent and warrant that all persons and entities connected with the Submitted Content, and all other persons and entities whose names, voices, photographs, likenesses, works, services, and materials have been used in the Submitted Content or its exploitation, have authorized the use of their names, voices, photographs, likenesses, performances, and biographical data in connection with the advertising, promotion, trade and other exploitation of the Submitted Content and the rights granted herein.
Users are solely responsible for their Submitted Content. We do not control the Submitted Content of Users. We are not a publisher of Submitted Content and are not responsible for its accuracy or legality. You assume legal responsibility for and will indemnify us from all liabilities, losses, or damages incurred due to any of your Submitted Content.
11. Our License to Submitted Content
You automatically grant by posting Submitted Content to any part of the Services. You represent and warrant that you have the right to grant us an irrevocable, perpetual, non-exclusive, transferable, fully-paid-up, royalty-free, worldwide license (with the right to sublicense at multiple levels) to use, copy, publicly perform, display, reformat, translate, excerpt (in whole or in part), and distribute such Submitted Content for any purpose and in any format on or in connection with the Services, our business, or the promotion thereof, to prepare derivative works of, or incorporate such Submitted Content into other works, and to grant and authorize sublicenses of the foregoing.
Additionally, by providing Submitted Content, you authorize us to use the names, voices, photographs, likenesses, performances, and biographical data included in or associated with any Submitted Content in connection with the advertising, promotion, trade, and other exploitation of the Submitted Content and the rights granted herein. You acknowledge that we may retain archived copies of your Submitted Content and may continue to use your Submitted Content in connection with any materials that were created before you removed your Submitted Content under the license described above.
We always want to receive messages and feedback from our Users and welcome any comments regarding the Services. Any ideas, suggestions, comments, or proposals you send to us (collectively, “Submissions”) are entirely voluntary, and we will be free to use such Submissions as we see fit and without any obligation or compensation to you.
12. Rules Regarding Submitting Content
By using our Services, you agree not to post any Submitted Content you know is incorrect or not current.
You further agree not to post Submitted Content or take any action that:
● May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, any other person, or any animal;
● Is fraudulent, vulgar, obscene, unlawful, abusive, racially; or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, is sexually or otherwise harassing or menacing, high-pressure sales tactics, humiliating to other people (publicly or otherwise), libelous, threatening, highly coercive, profane, or otherwise harmful to any Users or in any way violates the Nondiscrimination Policy set forth herein;
● Creates liability for us in any manner whatsoever;
● Violates or possibly causes us to violate any applicable law, statute, ordinance, or regulation or encourages criminal conduct
● Scans or tests the vulnerability or security of our Services or the system within which it operates or involves the upload or insertion of any programming language or codes into or onto our Services;
● Contains your personal information that you do not wish to be made public or to be displayed following the applicable settings that you indicate or that contains another person’s personal information or otherwise invades another’s privacy;
● Contains any information (such as insider, proprietary, or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law.
● Advertises the products or services of others or contains links to third-party websites or solicits business for products or services other than those that are offered and promoted on the Services
● Contains any computer hardware or software, viruses, Trojan horses, worms, spyware, or any other computer programming that may interfere with the operation of our Services or our systems and or create or impose a significant burden or load on our Services or systems; or
● Infringes any third party’s intellectual property rights, including but not limited to copyright, patent, or trademark rights.
We reserve the right but are not obligated to monitor, remove, or restrict any Submitted Content for any reason, including, without limitation, that your Submitted Content violates these Terms or is otherwise inappropriate, as determined in our sole discretion.
You agree that any action or inaction by us or any of our directors, officers, shareholders, parents, subsidiaries, employees, consultants, affiliates, partners, agents, or representatives (collectively, our “Representatives”) to prevent, restrict, redress, or regulate Submitted Content, or to implement other enforcement measures against any Submitted Content, is undertaken voluntarily and in good faith. Our Representatives may moderate Submitted Content, conduct, and comply with these Terms at our discretion but do not have any authority to make binding commitments, promises, or representations on our behalf.
You expressly agree that Our Representatives and anyone authorized to act on our behalf shall in no circumstances be liable as a result of any representation that we would or would not restrict or redress any Submitted Content, conduct, or potential or purported violation of the Terms.
13. Tools & Changes to Services
The Services offers several tools to Users (collectively, “User Tools”), some of which are provided by third parties. We are not responsible for any of these User Tools’ availability, suitability, or effectiveness, whether provided by a third party.
We are constantly testing and evolving the services and their services to optimize service operations. We reserve the right to modify or discontinue any User Tools or other services or features provided on the Services at any time without warning. You agree that we may make and reverse or modify such changes without notice.
We are not responsible for any data you lose due to a malfunction of the User Tools or the Services or for any other reason or consequential damages resulting from such data loss. You should always keep a backup copy of all such information on your computer and in hard copy.
14. Fees & Payments
There are no minimum fees for Users to join our Services. Optional fee-based services are available, but participation is not mandatory.
Members: There are currently no fee-based services for many of our Services. We may offer optional fee-based services, including services provided by third parties. Your use of such services shall be subject to any applicable additional terms and conditions, which may include the third parties’ terms and conditions, and in such circumstances, the third parties, and not us, are responsible for delivering any purchased goods or performing any booked services, and in issuing any applicable refunds. Your credit card will not be charged unless and until you agree to use that fee-based service and/or to incur a charge with us. The fee and timing of payments for the fee-based service will be described separately as part of the applicable fee-based service.
Occasional service outages, downtime, or disruptions to functionality that we cannot control may occur. If such outages, downtime, or disruptions occur, we will use commercially reasonable efforts to assist with restoring service as soon as possible. We are not liable or responsible for damages if such outages occur.
Vendors: Vendors with valid accounts may opt into additional paid services (“Premium Services”). Such Premium Services will be subject to additional terms.
We may add new services for additional fees or add or amend fees for existing services at any time in our sole discretion. We are constantly testing new initiatives and product offerings to optimize the Services. We may change the operation of the Services, including the order and manner in which advertisements appear, how services are delivered, and how new customers are charged for services. You agree that we may test, implement, remove, or modify features on the Services at any time without notice.
Payments for Fee-based Programs. If you opt-in to a fee-based program, you irrevocably and expressly authorize us to debit or credit, as applicable, any monies to the account that you have identified. You agree that it is your responsibility to maintain a valid, non-expired credit card on file while engaging in fee-based activities on our Services. You agree that if you do not maintain a valid, non-expired card on file with us during any billing attempt, you may be subject to interest and penalties as enumerated below. We may suspend or terminate your access to any such fee-based program upon any payment default.
You irrevocably and expressly authorize us to withhold any monies and/or debit any from any account you have identified for any chargebacks, fees, costs, deductions, adjustments, and any other amounts owed. We reserve our rights to all actions and remedies concerning any monies owed to us. You will indemnify, defend, and hold us harmless for any claims, demands, or causes of actions we take toward any identified account under this Section.
Billing Policies. You are responsible for paying any applicable fees as outlined in any agreement entered into (i) through the Services (including for any mobile application or goods or services provided by a Vendor to a Member (a “User Provided Service”) or (ii) by clicking through to another digital property or mobile application that requires payment, and applicable taxes associated with the Services promptly with a valid payment method. Unless we state otherwise in writing, all charges are nonrefundable, and all fees are quoted in U.S. dollars. All payments must be made using the methods specified within the Services. If you want to use a different debit or credit card, or there is a change in debit or credit card validity or expiration date, or if you believe someone has accessed the Services using your username and password without your authorization, you must contact vowvenuedirectoy@gmail.com.
Unpaid Fees. If, for any reason, any fees you owe us have not been received or in any manner realized by us (“Unpaid Fees”), you agree to pay such Unpaid Fees immediately. In addition, we may charge interest, in the amount of 2.0% per month (or the maximum amount allowed by law), on any unpaid account balance you maintain. Any partial payments made by Users will first be applied to the most recent fees owed to us, including interest. We reserve the right to waive or reduce the amount of any Unpaid Fees, penalties, or interest at any time. You also agree to pay any attorney fees and other costs of collection incurred by us for any Unpaid Fees. In our sole discretion, you also consent and authorize us to make appropriate reports to credit reporting agencies, financial institutions, tax agencies, and law enforcement authorities and cooperate with them in any resulting investigation or prosecution.
Notwithstanding the foregoing, the Company agrees to not charge any late fees or interest to a User’s credit card.
Correcting Mistakes in Payments to Vendors and Members. We reserve the right to fix any processing errors we discover. We will correct processing errors by debiting or crediting the payment method for the erroneous refund or reimbursement. Users will look solely to other Users (including vendors) to resolve any payment errors made by such Users, and we will have no liability for such errors.
Payment and Third-Party Payment Processors. Purchases made through the Services (including for any User Provided Service) may be processed through a third-party payment processor or other payment service provider (each, a “Payment Processor”). If applicable, you may be provided a notice when entering your payment information directing you to such Payment Processor’s terms of use and privacy policy. All payments are governed by the Payment Processor’s terms of use and privacy policy.
Parties Relationship. The applicable User, not us, delivers purchased goods or services. Suppose you, as a User, choose to perform a transaction with another User. In that case, you agree and understand that you will be required to enter into an agreement with such User and agree to any terms or conditions such User may impose. As a User, you acknowledge and agree that you, and not us, will be responsible for performing the obligations of such agreements, except as otherwise expressly outlined in the Terms.
Charges on Your Account. You are responsible for all charges incurred under your account made by you or anyone who uses your account. If your payment method fails or you are past due on amounts owed, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice if payment is past due, regardless of the dollar amount. You are also responsible for paying any taxes imposed on your use of the Services or any services contained therein (including for any Vendor Provided Service), including, but not limited to, sales, use, or value-added taxes. To the extent we are obligated to collect such taxes, the applicable tax will be added to your billing account.
Authorization; Payment Processing. You authorize us to debit or credit any monies from your chosen payment method. Authorization to charge your chosen payment method account will remain in effect until you cancel or modify your preferences within the Services, provided, however, that such notice will not affect charges submitted before we can reasonably act. The Vendor shall be responsible for all fees associated with processing the payment method, including payment processing and associated bank fees.
Automatic Membership Renewal (“Auto-Renew”). If you are a Vendor and enter into a Terms of Purchase (TOP) / Terms of Sale (TOS) agreement with us, any terms in those TOP /TOS documents relating to automatic renewal or the explicit lack thereof will prevail. Absent such terms, Vendor memberships may renew automatically for successive periods. Without limiting the foregoing, if you sign up, upgrade, or renew your membership, you are automatically entered into our auto-renew program unless otherwise specified in the applicable terms or agreement.
This means that, unless otherwise specified in the applicable terms or agreement, we will charge your selected payment method at the start of each new membership term and during the membership term. To avoid having fees billed for the renewal term to your selected payment method, you must cancel your subscription before it renews, as indicated in the applicable terms or agreement. You may cancel your membership by contacting us at vowvenuedirectoy@gmail.com. Suppose you are enrolled in a monthly or other periodic payment plan and decide to cancel during the membership period. In that case, you acknowledge and agree that, unless otherwise agreed in writing, you may continue to be billed on a monthly or other applicable periodic basis until your originally scheduled membership expiration date. Renewal pricing terms are subject to change, with notice, before the beginning of the next billing period.
15. Coupons & Discounts
We may allow you to receive promotional coupons (“Coupons”) or other promotions or discounts (“Discounts”) that may be used to purchase goods and services from us or third parties (“Coupon Vendors”). Additional terms and conditions may be contained on each Coupon or Discount. Any violation of the terms and conditions will make the Coupon Discount void. We are not responsible for lost or stolen Coupons. Coupons or Discounts are not redeemable for cash—only one Coupon or Discount per redemption. A Coupon or Discount is automatically void if prohibited by law. A Coupon or Discount may not be used for alcohol, tips, taxes, and any other statutory limitations. You acknowledge and agree that we may stop (permanently or temporarily) providing the Coupons or Discounts to you or users generally at our sole discretion, without prior notice to you.
16. Disclaimers of Warranties
The services are provided for entertainment, educational, and promotional purposes only. Vow Venue and its parents, subsidiaries or other affiliates, or any of our or their directors, officers, stockholders, employees, consultants, partners, agents, other of our representatives, or content or service providers (the “Limited Parties”) is not itself a provider of health care or telehealth services. The services are not intended to and do not constitute counseling therapy or health, medical, or legal advice. You agree that the use of the services is at your own risk. While we enable users to communicate with one another, we are not responsible for monitoring such information and communications, and we are not a party to transactions or interactions that may occur between users, whether online or offline. Additionally, we can and do not represent or warrant that any vendor is licensed, qualified, insured, or capable of performing any product or service. We make no representations or warranties about the expertise, professional qualifications, or quality of work of any vendor or the suitability, reliability, or accuracy of the products and services they provide. We provide the services, including, without limitation, any content provided, displayed, or generated through the services, or any products or services ordered or provided via the services, on an “as is” and “as available” basis, without warranty of any kind whether express or implied (including warranties of merchantability, fitness for any particular purpose, and non-infringement). This means that we make no promises that:
● The services will be available at any particular time.
● The services will meet any particular requirements or provide any particular results,
● The information on the services will be accurate or up to date,
● The services or the information transmitted to or from them or stored on them will be secure from unauthorized access,
● Information and content that you store in your account or on the services will remain retrievable and uncorrupted, or
● The services will be uninterrupted or error-free or free of viruses or other harmful components, or defects will be corrected.
Although we try to ensure that the information posted on the services is accurate and up-to-date, we reserve the right to change or make corrections to any of the information (including pricing) at any time. We can and do not guarantee the correctness, timeliness, precision, thoroughness, or completeness of any of the information available on the services, nor will we be liable for any inaccuracy or omission concerning any of the information provided on the services. No advice, results, or information, whether oral or written, obtained by you from us or through the services shall create any warranty not expressly made herein. While we make every effort to guarantee the availability, price, and quality of items sold by us through the services, unforeseen circumstances may warrant modifications at any time, and products and services may vary slightly in color and size.
Some jurisdictions, including New Jersey, have laws that may apply to the services and that do not allow certain provisions, such as limitations of liability and exclusion of certain warranties, among others. To the extent that a limitation, exclusion, restriction, or other provision set out herein is specifically prohibited by applicable law, such limitation, exclusion, restriction, or provision may not apply to you.
17. Limited Liability
In no event shall we or any of the Limited Parties (as defined above), be liable to you or anyone else for direct, indirect damages, lost profits, any special, incidental, or consequential damages, or damages of any kind whatsoever arising from, or directly or indirectly related to, the use of or inability to use the services, for use of coupons, or for any decision made or action taken by you in reliance on information contained on the services, whether in an action for breach of warranty or contract, negligence or other tortious action and notwithstanding the failure of essential purpose of any remedy. Our liability, and that of the Limited Parties (as defined above) to you or any third parties in any circumstance, is limited to the lesser of the number of fees you pay to us in the 12 months before the action giving rise to liability or $100, notwithstanding the failure of essential purpose of any remedy.
You are solely responsible for your interactions with other Users, and we are not a party to any such disputes. We reserve the right but are not obligated to monitor disputes between you and other Users. All communications, verbal or written correspondence, or any warranties or representations made concerning products and services offered through the Services by Users are not provided by us. They are specifically and solely between the Users. We have no liability for your interactions with other Users, or any User’s action or inaction.
You agree to release the Limited Parties from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected, and unsuspected, disclosed, and undisclosed, arising out of or in any way connected with any disputes between you and any third parties or in any way related to goods, services, or events involving third parties.
If you are a California resident, you waive California Civil Code §1542, which states that “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.” To avoid doubt, these Terms shall handle any disputes directly with us.
FOR THOSE JURISDICTIONS THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL, RECKLESS MISCONDUCT OR GROSS NEGLIGENCE OF THE COMPANY.
18. Indemnity
You agree to indemnify, defend, and hold us and the Limited Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising in any manner in whole or in part out of your use of the Services, including but not limited to (i) your advertising, provision of or failure to pay for goods or services promoted on the Services; (ii) claims that any of your Submitted Content includes materials owned by third parties without authorization, was defamatory or harassing, or otherwise violated the rights of any third party or (iii) your breach of these Terms, or applicable law, by your or by someone accessing the Services via your account. At our own expense, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you. In this event, you agree to cooperate with us in defending such claims. These indemnifications, defense, and hold harmless obligations will survive these Terms and the termination of your use of the Services.
19. Suspension or Termination of Access and Remedies
We have the right to deny access to, and to suspend or terminate your access to, the Services, or to any features or portions of the Services, and to remove and discard any content or materials you have submitted to the Services at any time and for any reason or no reason and without notice to you.
Actions that may result in the rejection or removal of your participation can include, but are not limited to, any violation of the Terms; your creation, maintenance, and/or management of more than one account; your non-payment in full of any unpaid fees; any attempt by you to improperly influence, or cause another to influence the feedback of Members improperly; your unethical conduct, to be determined at our sole discretion; or any attempt by you to harass, or cause another to harass, or have inappropriate communications with a Member.
If we suspend or terminate your access to and/or use of the Services, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination. In the event we suspend or terminate your account or the Terms, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your account or anything else unless applicable terms provide otherwise.
Suppose you are a Vendor after your relationship with us is terminated for any reason. In that case, we shall be entitled to retain and display all reviews associated with you on the Services and basic directory information, including, without limitation, business name, mailing address, website address, and telephone number.
Remedies for use of our Services that violate the Terms include, but are not limited to, the immediate termination of your membership, notifying our Users of your actions, issuing a warning (including a public warning), temporarily suspending your membership, monetary compensation, and injunctive relief.
20. Governing Law; Venue and Jurisdiction
By using the Services, you agree that the laws of the State of Pennsylvania, without regard to principles of conflict of laws of any state or jurisdiction, will govern the Terms and any dispute of any sort that might arise between you and us or any of our affiliates. Concerning any disputes or claims not subject to arbitration, you agree not to commence or prosecute any action in connection in addition to that other than in the state and federal courts of Pennsylvania. You at this moment consent to and waive all defenses of lack of personal jurisdiction and forum non-conveniens concerning venue and jurisdiction in Pennsylvania’s state and federal court.
21. MANDATORY ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Application. You and we agree that these Terms affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This section entitled “Mandatory Arbitration and Class Action Waiver” is intended to be interpreted broadly and governs all disputes between you and us.
Any disputes may include, but are not limited to (i) claims arising out of or relating to any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and (iii) claims that may arise after the termination of these Terms. The only disputes excluded from the broad prohibition in this subsection entitled “Application” are the litigation of specific intellectual property and small court claims, as provided in the subsection entitled “Exception” below.
Initial Dispute Resolution. Most disputes can be resolved without resorting to arbitration. If you have any dispute with us, you agree that you will try to resolve your dispute with us before taking any formal action by contacting us at Vow Venue USA, 502 West 7th St, Suite 100, Erie, PA 16502 or vowvenuedirectory@gmail.com.
When contacting us, you must provide a brief description of the dispute and your contact information. If you have an account with us, you must include the email address associated with your account. Except for intellectual property and small claims court claims (see the subsection entitled “Exception” below), you and we agree to use reasonable faith efforts to resolve any dispute, claim, question, or disagreement directly through consultation. You and we agree to engage in good faith discussions before initiating a lawsuit or arbitration and understand that good faith discussions are a precondition of initiating a lawsuit or arbitration.
Binding Arbitration. Suppose we do not reach an agreed-upon solution within sixty (60) days from when informal dispute resolution is initiated under the Initial Dispute Resolution provision above. In that case, if the party agrees with the terms set forth below, either party may initiate binding arbitration as the sole means to resolve claims (except as provided in the subsection entitled “Exception” below).
Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties relationship with each other, and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS following either (i) the JAMS Streamlined Arbitration Procedure Rules, for claims that do not exceed $250,000; or (ii) the JAMS Comprehensive Arbitration Rules and Procedures, for claims exceeding $250,000. The JAMS rules and procedures just identified shall be those in effect when the arbitration is initiated (not the Last Modified date of these Terms), excluding any rules or procedures governing or permitting class actions.
Arbitrator’s Powers. The arbitrator (and not any federal, state, or local court or agency) shall have exclusive authority to resolve all disputes arising from or relating to these Terms’ interpretation, applicability, enforceability, or formation. Such disputes may include but are not limited to, any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or equity. The arbitrator’s award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
This means that you and we expressly waive any rights to file a class action or seek relief on a class basis. Suppose any court or arbitrator determines that the class action waiver outlined in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis. In that case, the arbitration provisions above shall be deemed null and void, and the parties shall be deemed to have not agreed to arbitrate disputes
Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights. “Intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets—but does not include privacy or publicity rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
22. Claims of Copyright Infringement — DMCA Notice
We take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. Suppose you believe any materials accessible on or from the Services infringe your copyright. In that case, you may request the removal of those materials from the Services by submitting a written notification to our Copyright Agent (designated below).
By the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
● Your physical or electronic signature.
● Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
● Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
● Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
● A statement that you have a good faith belief that using the copyrighted material is not authorized by the copyright owner, its agent, or the law.
● A statement that the information in the written notice is accurate.
● A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Completed notices should be emailed to vowvenuedirectory@gmail.com or by mail at Vow Venue USA, 502 West 7th St, Suite 100, Erie, PA 16502.
If you fail to comply with all requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly misrepresent that material or activity on the Services infringes your copyright, you may be liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Suppose you believe that the material you posted on the Services was removed or access to it was disabled by mistake or misidentification. In that case, you may file a counter-notification with us (a “Counter-Notice”) by submitting a written notification to our copyright agent (identified below). Under the DMCA, the Counter-Notice must include substantially the following:
● Your physical or electronic signature.
● An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
● Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
● A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled due to a mistake or misidentification of the material to be removed or disabled.
● A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Services with the complaint at issue.
Completed Counter-Notices should be sent by email to vowvenuedirectory@gmail.com or by mail to:
Vow Venue USA, Attn: Legal Department, 502 West 7th St, Suite 100, Erie, PA 16502.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Suppose you knowingly misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification. In that case, you may be liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
23. Linked Websites
The Services may contain links to other websites or third-party sellers of products and services. Such links are provided for your convenience only. You access such links at your own risk. We are not responsible for and do not endorse the content of any such sites or the products and services sold on them. We are not responsible for the availability or accuracy of the content on such sites. When you visit a linked site, you should read the terms of use and privacy policy that govern that particular linked website.
24. The Services Do Not Provide Medical Advice
● The Services are not intended to provide instructions in the event of an If you believe you may have a medical emergency, call 911 or your local emergency medical system immediately.
● The Services are not an attempt to practice medicine or provide specific medical advice, nor does the use of the Services constitute the provision of treatment to a user or establish a doctor-patient. We strongly encourage you to consult with a qualified healthcare provider for medical treatment or answers to personal questions. For advice about your care, please consult with your doctor.
● The Services are for general, personal, and educational purposes. The Services should not be used as a substitute for a visit with, or the diagnosis or treatment by, a qualified health care provider.
● Application of or reliance on any of the content, techniques, ideas, or suggestions accessed through the Services is at your sole discretion, and Do not delay or forgo seeking medical care from a health care provider if you have questions, concerns, or symptoms related to health topics or information that may be presented or referenced on the Services.
● The Services are not intended to provide a substitute for your sound and reasonably prudent judgment and are not intended to be for diagnosis. Persons using the Services assume full responsibility for using the Services, materials, and other information provided and agree that Vow Venue and its Representatives are not responsible or liable for any claim, loss, or damage arising from their use. Your reliance on the Services obtained or used by you is solely at your own risk except as provided by law.
25. General Provisions
● Statute of Limitations. You agree that regardless of any law to the contrary (including any relevant statutes of limitation), any claim or cause of action that you may have arising out of or related to the use of the Services or these Terms must be filed by you within one (1) year after such claim or cause of action accrued or be permanently barred.
● Section Headings. The section headings used herein are for convenience only and shall not be given any legal import.
● Changes. We retain the right to revise our Services, products, and/or 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. You agree that we will not be liable to you or any third party for any such modification, suspension, or discontinuance.
● No Agency. You hereby agree and acknowledge that your provision of services and/or your use of the Services does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship with us and that no affiliation, association or connection exists between you and us. In no event shall you have authority to bind, commit, contract for, or otherwise obligate us in any manner whatsoever.
● Electronic Communications. The communications between you and us via the Services use electronic means, whether you visit the Services or send us an email or whether we post notices on the Services or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your non-waivable rights.
● No Third-Party Beneficiaries. The Terms are not intended to benefit any third party and do not create any third party. Accordingly, you or we may only invoke or enforce the Terms.
● No Assignment. The Terms are personal to you, and you may not assign them to anyone.
● No Modification by Trade Usage/Prior Course of Dealing. The Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Terms by its express terms.
● Failure to Enforce. Our failure to enforce at any time any of the provisions of the Terms, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.
● Unenforceability. Suppose any provision of the Terms is unlawful, void, or unenforceable. In that case, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
● Prevailing Terms. To the extent of any conflict between the Terms in the Terms and any other document made a part of the Terms by its express terms, the Terms of the Terms shall prevail except as otherwise stated in the Terms or when the other document expressly states that it shall prevail.
● Entire Agreement. These Terms and any additional terms and conditions referenced herein or otherwise may apply to specific areas of the Services constitute the entire agreement between us and you concerning the Services.
User Data Deletion
At VowVenue.com, we take your privacy and data security seriously. In compliance with GDPR and other data protection regulations, we provide clear instructions for account deletion. If you wish to delete your account, please follow the instructions below:
How to Request Account Deletion
If you are a venue owner or a couple and you wish to delete your account, you can request the deletion by sending an email to our support team. Please include the following information in your email:
- Your full name
- Your account email address
- A brief statement requesting the deletion of your account
Send your account deletion request to: info@vowvenue.com
Our team will process your request and confirm the deletion of your account within 30 days. If you have any questions or need further assistance, please do not hesitate to contact us at the same email address.
We are committed to protecting your data and ensuring your privacy is respected throughout this process.