Terms

Thank you for visiting TheWeddingMile.com. These Terms of Use set forth the policies, rules, and regulations that govern your use of the TheWeddingMile.com website (the "Website") and any related TheWeddingMile.com products or services (the "Service"). By using the Website or the Service, you agree to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website or the Service.

In these Terms of Use, "you," "your," or "User" means any person or entity using the Website or the service. Unless otherwise stated, "TheWeddingMile.com," "we," or "our" will refer to TheWeddingMile.com, LLC.

 

Changes

TheWeddingMile.com may modify these Terms of Use from time to time and such modification shall be effective upon posting by TheWeddingMile.com on the Website. You agree to be bound to any changes to these Terms of Use when you use the Website or the Service after any such modification is posted. It is therefore important that you review these Terms of Use regularly to ensure you are aware of any changes.

 

Entire agreement

These Terms of Use, including the documents referenced in these terms as well as any other terms and conditions provided to you by TheWeddingMile.com when using certain features of the Website or  Service, are the entire agreement between you and TheWeddingMile.com regarding the Website and the Service. These conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether TheWeddingMile.com signs them or not.

Third party sites this Website and the Service may contain links to or from other sites on the Internet that are owned and operated by third parties, including third parties with whom TheWeddingMile.com has a contractual affiliation or strategic relationship. You acknowledge that TheWeddingMile.com is not responsible for the operation of or content located on or available through any such site. Your use of such third party sites, and products and services available through such sites, is governed by the applicable terms of such third party.

 

Proprietary and Intellectual Property rights

This Website and the Service are owned and operated by TheWeddingMile.com, LLC. Unless otherwise specified, all materials appearing on this Website, including the text, site design, logos, graphics, icons and images created and provided by TheWeddingMile.com, as well as the selection, assembly and arrangement thereof, are the sole property of TheWeddingMile.com and its licensors. You may use the content of this Website only for the purpose of shopping on this Website, placing an order on this Website, or for the purposes of promoting the website and providing benefit to the community at large, and for no other purpose.

Any and all content uploaded to the site including text, images, reviews, responses, descriptions, and forum posts, retains the original copyright of the owner/creator. By uploading content the creator grants non-exclusive rights to republish said content for the purposes of promoting the Website and Service.

 

 

Privacy

TheWeddingMile.com agrees not to sell your personal information to any third party. By entering into these Terms of Use, you agree that TheWeddingMile.com may collect, retain and use your personal information, including your name, address, email address, and payment details. Your personal information will be used primarily to provide the Service to you. TheWeddingMile.com may also use your personal information for additional communication with you, subject to applicable laws. TheWeddingMile.com may engage companies and individuals  ("Subcontractors") to perform functions on TheWeddingMile.com's behalf, such as payment processing, order fulfillment, marketing programs,  and customer service. TheWeddingMile.com may share information with such Subcontractors in order to perform these and other functions, but such Subcontractors will not be allowed to use your personal information for other purposes unless you agree. For more detailed information in the collection and use of your personal information, please read TheWeddingMile.com's privacy policy at http://theweddingmile.com/pages/read/privacy.

 

Description of service

TheWeddingMile.com is an online marketplace for Sellers and Buyers of handmade goods in the Wedding and Bridal market. The Service hosts online stores that enable Sellers to independently conduct transactions with Buyers, and also provides value-added services for visitors of the site, including a Wedding Registry and Question and Answer forum.

TheWeddingMile.com retains the right to refuse service as well as revoke usage of the Website and Service for any reason.

 

Service modifications

TheWeddingMile.com reserves the right in its sole discretion to make changes to the Website and the Service at any time. Any description of the Service provided by TheWeddingMile.com is not a representation that the Service is or will always work in that manner, as TheWeddingMile.com is continuously updating the Website and the Service, and these updates may not always be reflected in these Terms of Use.

 

Age and residence requirements

You must be 18 years of age or older to register for an account for use of the Website and the Service. Users who are not 18 years of age must have the consent of a parent or legal guardian over the age of 18. In this event, the parent or legal guardian assumes responsibility of all activities carried out by the user. The user and parent or legal guardian agrees that TheWeddingMile.com shall not be held responsible for any damages incurred by non-adherence to this policy. All financial transactions will be processed in U.S. dollars.

  

 

Account and registration

You may have one account that will identify you and will allow you to use the Website and the Service. You may create more than one account for the purposes of selling items on the Website. You may not create an account on behalf of anyone else. All information used to create an account must be accurate and complete. You may not impersonate any other person and it is your responsibility to update your information to keep your account current and accurate. When you set up an account, you will also be asked to choose a password. You are solely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of  another User at any time or to disclose your password to any third party. 

You agree to notify TheWeddingMile.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. TheWeddingMile.com has the right to terminate your account for any reason at our sole discretion.

TheWeddingMile.com account needs an active credit card on file or active PayPal account which is tied to an account at a financial institution (prepaid credit cards may not be used).

 

Fees

TheWeddingMile.com will charge Sellers a 6% commission of final sales (not including shipping and handling fees). This fee will be assessed and debited at the time of checkoutand the remaining balance will immediately be delivered to your payment processor. Users may cancel their store at any time. There are no listing fees or monthly subscription fees. or final sale transaction fees. There are fees associated with additional promotional opportunities on the Website which are outlined in the administrative section of your account.

 

Email

You agree that any notifications or receipts from TheWeddingMile.com will be delivered to you by email at the email address you have provided to TheWeddingMile.com when you created your account or as later updated.  You hereby agree and acknowledge that TheWeddingMile.com is not responsible to notify you in any way other than by email and that any notifications are a courtesy; you remain responsible for minding the due date(s) whether you receive communication from TheWeddingMile.com or  not.

You acknowledge that TheWeddingMile.com will not ask you for your personal information, account username, and password, or any of your credit card information via email. TheWeddingMile.com will have no responsibility for any misuse of such information if you provide such information via email.

 

Payments/Processing

Any person who desires to use any Service must have a confirmed credit card or PayPal account in order to accept payment from buyers. Sellers may also purchase premium "featured" listing spots on the website. The Wedding Mile will charge your account for these listings immediately upon purchase. TheWeddingMile.com accepts Paypal, Visa, MasterCard, Discover and American Express.

 

Listing and Selling Products

TheWeddingMile.com provides a technology platform for artisans to buy and sell original handcrafted goods. Sellers must comply with the Website's sales terms and policies and may not sell anything that is listed in our Prohibited and Restricted Items list below.


TheWeddingMile.com reserves the right to remove anything that does not meet the criteria for selling on the Website or that violates our Terms of Use agreement. 

Registered Sellers are encouraged to list their store policies with respect to purchases, down-payments, shipping, returns and other activities directly related to the exchange of goods. All studio policies must be consistent with the Website's usage policies. Any conflict in policy shall be superseded by the Terms of Use of this Website.

Transactions that occur between seller and buyer are conducted independently and without direct supervision of TheWeddingMile.com. As such, these transactions are considered a legally binding contract between those two parties. Sellers are responsible for keeping Buyers informed and updated of their store policies. Sellers are responsible for delivering sales items in a safe and timely manner. Buyers are responsible for completing payment of items they have purchased in accordance with the Seller's store policies.


Buyers and sellers can communicate via the Website's email communication system, or independently of the Website, and are encouraged to keep a record of any and all communications and transactions that are conducted.

In the event of a dispute, TheWeddingMile.com may, at its sole discretion, attempt to help users resolve their dispute. These "good faith" efforts do not obligate TheWeddingMile.com to render any judgments, and you agree to release TheWeddingMile.com, its officers and agents, from any and all claims, demands and damages (actual and consequential).  

Items for sale must be described in the most accurate terms possible and items that are shipped must match the items purchased by the Buyer. Sellers may not misrepresent the quality, condition, or general nature of any items sold in their stores.  

TheWeddingMile.com software platform provides a means for Sellers to apply applicable tax rates to their items upon checkout. It is each Sellers' responsibility to remain informed of their state's respective tax laws and Sellers are responsible for reporting these taxes, when appropriate, in their year-end accounting. 

 

 

Use of service

You agree to not use the Website or Service in any way other than what is deemed appropriate by us, including for any illegal purposes. For example, you may not use the "Tell A Friend" feature to send spam or to harass anyone. 

You further agree not to attempt to gain unauthorized access to  TheWeddingMile.com's computer systems or to interfere with the servers or networks connected to the Website or Service.

We may immediately terminate any user's use of the Website or Service without notice if we believe such user is in violation of these Terms of Use or otherwise for any reason or no reason, in our sole discretion.

 

Fee Avoidance

Sellers may not use their store fronts, store pages, or item pages, and all content contained therein, to navigate sales transactions away from The Wedding Mile. Examples of this include:

Posting links or text that direct buyers to other sites selling the same items you have listed on our site.
Communicating with a Buyer alternative methods for paying for items off-site.
Completing partial payment of an item off-site. 

If a Seller is found to be violating these terms and engaging in "fee avoidance" they will immediately be banned from the site, their store closed, and items deleted from search results.

Prohibited and restricted items

Adult materials, pornography, erotica, or any material unsuitable for children under the age of 18

Alcohol

Animals and wildlife products – examples include live animals, mounted specimens, and ivory

Charity or fundraising listings

Counterfeit, illegal, or contraband items of any sort

Drugs and drug paraphernalia or drug-like substances

Embargoed goods from prohibited countries

Firearms, weapons, and knives

Hazardous materials or items of any kind

Items or services offering or encouraging illegal activity

Items, materials or products that are copyrighted, trademarked or patented by another party.

Mass produced items                         

Offensive material, including ethnically or racially offensive material

Pirated materials

Tobacco

 

Disclaimer of warranties

THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND: EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THEWEDDINGMILE.COM SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY AND AGAINST INFRINGEMENT.

WE SPECIFICALLY DO NOT WARRANT THAT THE WEBSITE OR SERVICE WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE, THE SERVICE OR THE SERVER, NETWORK OR OTHER SOFTWARE AND EQUIPMENT THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OF THE  BOOKS OR THE RESULTS OF THE USE OF THE WEBSITE OR SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THEWEDDINGMILE.COM, ANY AGENT OR ANY SERVICE PROVIDER OR THROUGH OR  FROM THE WEBSITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

 

Limitations of liability

IN NO EVENT SHALL THEWEDDINGMILE.COM BE LIABLE FOR ANY INDIRECT,  SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER WHETHER ARISING IN  CONTRACT OR TORT (INCLUDING NEGLIGENCE) ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE WEBSITE OR THE SERVICE, EVEN IF  THEWEDDINGMILE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT THEWEDDINGMILE.COM'S ENTIRE LIABILITY UNDER THESE TERMS  OF USE OR OTHERWISE IN CONNECTION WITH THE WEBSITE OR SERVICE SHALL NOT  EXCEED, IN THE AGGREGATE, THE AMOUNTS PAID BY YOU TO  THEWEDDINGMILE.COM IN THE PAST SIX MONTHS OR $10.00, WHICHEVER IS  LESS.

 

Exclusions and limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY  HAVE ADDITIONAL RIGHTS. IN THAT CASE, THEWEDDINGMILE.COM'S LIABILITY  WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

Indemnity

You agree to indemnify, defend and hold harmless TheWeddingMile.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, from and against any loss, liability, claim, or demand, including reasonable attorneys' fees, due to or arising out of your use of the Website or the Service in violation of these Terms of Use and/or arising from a breach of these Terms of Use.

 

Feedback

If you provide to use in any way any suggestions or comments regarding the Website or any of its services, you agree that we (and our providers, licensors, partners, and customers) are free to use, share, and commercialize, in any way now known or hereafter developed, any and all such feedback without obligation or liability to you or any third party, in perpetuity. You agree not to submit any feedback that is subject to any third party rights.

 

Reporting infringement

TheWeddingMile.com respects the intellectual property rights of others and takes the protection of copyrights seriously. It is important that the intellectual property rights (such as copyright, trademark or patent rights) of the legitimate rights owners are respected.

If you are a Seller on TheWeddingMile.com, and another member is using your text and/or images in their listings without your permission, we suggest that you first contact this member directly and request that the infringing items be removed immediately. If the items are not removed promptly, you can report the listing to TheWeddingMile.com by emailing us at copyright@theweddingmile.com. Please include:

Details about the listing, including the Seller's username, link to the item page, and title of the infringing item. 

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

Your electronic or physical signature; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

You agree that we may provide your notice to the provider of the alleged infringing material. We have a policy of terminating accounts of users who are repeat infringers (any user who has submitted or posted two or more materials for which we receive a notice of infringement).

 

Miscellaneous

These Terms of Use shall be governed by the laws of the State of New Jersey without reference to such state's choice of law provisions. The New Jersey state courts of Bergen County, New Jersey or the United States District Court for the State of New Jersey shall have exclusive jurisdiction and venue over any dispute arising out of these Terms of Use, and each party hereby consents to the jurisdiction and venue of such courts.

If any provision of these Terms of Use is declared invalid, illegal or unenforceable, all remaining provisions shall continue in full force and effect. The failure of TheWeddingMile.com to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles of these Terms of Use are for convenience only and have no legal or contractual effect.

Nonperformance of either party, except for the making of payments, shall be excused to the extent that performance is delayed or rendered impossible by any reason where failure to perform is beyond the reasonable control of the non-performing party.

 

Communication

If you need to reach The Wedding Mile, you can send mail to The Wedding Mile, PO Box 771, Teaneck, NJ 07666. You may also email us at info@theweddingmile.com, or call 201-281-8112.

 

Copyright © 2012 TheWeddingMile.com, LLC. ALL RIGHTS RESERVED.