WEDDINGARA GLOBAL VENTURES PVT LTD (“Weddingara” or “we”) is a wedding website that offers valuable wedding-related information for modern couples planning their special day. Our services include the Weddingara website located at weddingara.com or any subdomain of weddingara.com (the “Weddingara Website”), the Weddingara wedding planning app, Weddingara For Business (Vendor) app, Wedsta app, and any other features, content, or applications offered in connection with the Weddingara Website (collectively, the “Weddingara Services”). Weddingara serves as a platform connecting prospective wedding clients and vendors for their service needs. Weddingara operates as a wedding aggregation platform.

These Terms of Use (this “Agreement”) establish the legally binding terms for your use and must be complied with in addition to any agreements or terms agreed upon between the Parties for the Weddingara Services. By using the Weddingara Services, whether as a “Visitor” (meaning you simply browse the Weddingara website) or as a “User” (meaning you have registered with and/or submitted content to the Weddingara website either as an individual or as a company), you agree to be bound by this Agreement and the Weddingara Privacy Policy located at www.weddingara.com/privacy. This Agreement encompasses your rights, obligations, and restrictions regarding your use of the Weddingara Services, so please read it carefully. User (and “You”) may refer to both Customers as well as Vendors for the purpose of this Agreement. The term “Customer” shall refer to individuals or Parties utilizing Weddingara Services through the Weddingara platform, and the term “Vendor” refers to the individual or entities listed on the Weddingara platform who provide services independently to the customers.

If you do not agree with the Terms of this Agreement, you should leave the Weddingara Website and discontinue use of the Weddingara Services immediately. If you wish to become a User, submit content, video, or images, communicate with other Users, and generally make use of the Weddingara Services, you must read this Agreement and indicate your acceptance during the content submission process. By using the Weddingara services or by engaging in any of the aforementioned activities, you are agreeing to comply with all our terms and conditions as mentioned hereinafter.

Weddingara may revise this Agreement periodically, and each modification will be effective when posted on the Weddingara Website. By continuing to use the Weddingara Services, you agree to be bound by any changes to this Agreement. You will not receive notifications of any modifications to this Agreement, so it is important to regularly review this Agreement to stay updated on any changes.

WE ENCOURAGE YOU TO EXERCISE CAUTION BEFORE UPLOADING, SUBMITTING, OR EMBEDDING CONTENT. THIS AGREEMENT PERMITS YOU TO UPLOAD TO, SUBMIT TO, OR EMBED ON THE WEDDINGARA SERVICES ONLY PHOTOS OR OTHER CONTENT THAT YOU OWN THE COPYRIGHT TO OR OTHERWISE HAVE THE RIGHT TO PUBLISH. BY UPLOADING, SUBMITTING, OR EMBEDDING PHOTOS OR OTHER CONTENT THAT YOU DO NOT OWN THE COPYRIGHT TO OR DO NOT OTHERWISE HAVE THE RIGHT TO PUBLISH, YOU MAY EXPOSE YOURSELF TO LEGAL LIABILITY (SEE E.G., SECTIONS 4, 5, AND 6 BELOW). IT IS YOUR RESPONSIBILITY TO ENSURE YOU HAVE ADEQUATE RIGHTS TO PUBLISH ALL PHOTOS AND OTHER CONTENT YOU POST TO THE WEDDINGARA SERVICES, AND WEDDINGARA TAKES NO LIABILITY IN THIS REGARD WHATSOEVER.

Eligibility

Use of the Weddingara Services is void where prohibited. By registering, you (i) represent and warrant that you have the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of this Agreement, including age, jurisdiction, and applicable laws, and (ii) agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Weddingara Services.

Term

This Agreement shall remain in full force and effect while you use the Weddingara Services or are a User/Vendor on the website. Weddingara may terminate your use of the Weddingara Website or the Weddingara Services, in its sole discretion, for any reason or no reason whatsoever, at any time, without warning or notice to you. Upon such termination, the User shall cease using Weddingara Services, and all content shall remain the property of Weddingara.

User & Weddingara Content

Weddingara does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “User Content”) that you upload to, submit to, or embed on the Weddingara platform, except content created in collaboration with the Weddingara team for its own events/perusal. In such cases, ownership will be specified during the creation of the content.

You represent and warrant that you own the User Content posted by you on or through the Weddingara Services or that you otherwise have sufficient right, title, and interest in and to such User Content to grant Weddingara the licenses and rights set forth below without violating, infringing, or misappropriating the rights of any person. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any User Content posted by you to or through the Weddingara Services. Weddingara shall not be liable for any violations of copyright or any other intellectual property or other rights, and the User/Vendor posting such content shall be liable.

After posting, uploading, or embedding User Content to the Weddingara Services, you retain the rights to such User Content as you held prior to posting it, and you have the right to use your User Content as you choose. However, by posting any User Content on or through the Weddingara Services, you grant Weddingara a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, adapt, modify, rearrange, and distribute your User Content through any media now known or developed in the future. Photographs used on the Weddingara Services or in any Weddingara publication will include attribution to the photographer and/or copyright holder. Weddingara reserves the right to remove any User content posted by you on the website if deemed violative, inappropriate, or otherwise warranting removal, without assuming liability.

Without this license, Weddingara would be unable to provide the Weddingara or its publications. For example, the license you grant to Weddingara is non-exclusive (meaning you are free to license your Content to anyone else in addition to Weddingara), fully paid and royalty-free (Weddingara is not required to pay you for the use of the User Content), sublicensable (Weddingara may use its affiliates and subcontractors such as Internet content delivery networks to provide the Weddingara), and worldwide (due to the global reach of the Internet and the Weddingara).

This license will terminate when you remove your User Content from the Weddingara Services, except as to any User Content that Weddingara has sublicensed prior to your removal of your User Content, which license shall continue perpetually. To remove User Content, please send a request to info@weddingara.com and include a brief description of the item(s) to be removed along with the URL of the item(s) current location on the Weddingara Website. Weddingara will remove the item(s) as quickly as possible. If Weddingara uses the Vendor’s content on its platforms, the Vendor is free to use Weddingara’s content on their platforms, with appropriate credits to Weddingara.

User & Vendor Representations & Warranties

You represent and warrant that all content you upload, post, submit, or embed on or through the Weddingara Services (including but not limited to User Content and Vendor Content) will comply with all applicable laws and regulations and will not violate or infringe upon the rights of any person, including intellectual property rights, rights of privacy or publicity, or any other legal or moral rights of any person.

User Conduct

You understand that all User Content is the sole responsibility of the User/Vendor who posted such User Content. This means that you are entirely responsible for all User Content that you upload, post, submit, or otherwise make available through the Weddingara Services. Weddingara does not control the User Content posted via the Weddingara Services and, as such, does not guarantee the accuracy, integrity, or quality of such User Content. You understand that by using the Weddingara Services, you may be exposed to User Content that is offensive, indecent, or objectionable. Under no circumstances will Weddingara be liable in any way for any User Content, including but not limited to, any errors or omissions in any User Content or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted, or otherwise made available via the Weddingara Services.

You agree to not use the Weddingara Services to:

  • upload, post, submit, or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • upload, post, submit, or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, submit, or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  • upload, post, submit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • upload, post, submit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • interfere with or disrupt the Weddingara Services or servers or networks connected to the Weddingara Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Weddingara Services;
  • violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the Indian Information Technology (Amendment) Act, 2008 or any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; and
  • “stalk” or otherwise harass another User or any employee of Weddingara.

Weddingara reserves the right, but has no obligation, to review, remove, or block any User Content that Weddingara, in its sole discretion, considers to be in violation of this Agreement or any applicable law or regulation. Weddingara also reserves the right to limit access to or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Privacy

Your privacy is important to Weddingara. Please read the Weddingara Privacy Policy carefully for information relating to Weddingara’s collection, use, and disclosure of your personal information. The Weddingara Privacy Policy is hereby incorporated by reference into, and made a part of, this Agreement. By using the Weddingara Services, you agree to the collection, use, and disclosure of your personal information as described in the Weddingara Privacy Policy.

Termination

Weddingara may terminate your access to all or any part of the Weddingara Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Weddingara account (if you have one), you may simply discontinue using the Weddingara Services. All provisions of this Agreement that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Indemnification

You agree to indemnify and hold Weddingara, its subsidiaries, affiliates, officers, agents, employees, advertisers, vendors, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to (a) your use of the Weddingara Services (including any actions taken by a third party using your account), (b) your violation of this Agreement, or (c) your User Content. In the event of such a claim, suit, or action (“Claim”), we will provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Weddingara, its affiliates, directors, employees, or licensors be liable to you or any third party for any indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Weddingara has been advised of the possibility of such damages), arising out of, or resulting from (a) the use or the inability to use the Weddingara Services; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Weddingara Services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Weddingara Services; (e) Weddingara’s actions or omissions in reliance upon your account information and any changes thereto or notices received therefrom; (f) your failure to protect the confidentiality of any passwords or access rights to your account information; (g) the acts or omissions of any third party using or integrating with the Weddingara Services; (h) any advertising content or your purchase or use of any advertised product or service; (i) the termination of your account in accordance with the terms of these Terms of Use; or (j) any other matter relating to the Weddingara Services.

Notwithstanding any provision to the contrary, Weddingara’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Weddingara for the Weddingara Services during the term of your use of the Weddingara Services, but in no case will the Weddingara’s liability to you exceed $100. You acknowledge that if no fees are paid to Weddingara for the Weddingara Services, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from Weddingara, regardless of the cause of action.

These limitations of liability also apply with respect to damages incurred by you by reason of any products or services sold or provided on any linked sites or otherwise by third parties other than Weddingara and received through or advertised on the Weddingara Services or received through any linked sites.

Release

In consideration of being allowed to use the Weddingara Services, you hereby release Weddingara, its affiliates, and each of their respective officers, directors, agents, partners, and employees from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other Users) in connection with the Weddingara Services or any Weddingara Services offered or performed. In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Dispute Resolution

Binding Arbitration. Except for any disputes, claims, suits, actions, causes of action, demands, or proceedings (collectively, “Disputes”) in which either Party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets, or patents, you and Weddingara (i) waive your and Weddingara’s respective rights to have any and all Disputes arising from or related to these Terms of Use or the Weddingara Services resolved in a court, and (ii) waive your and Weddingara’s respective rights to a jury trial. Instead, you and Weddingara will arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

Opt-Out of Arbitration. Notwithstanding the above, you have the right to litigate any Dispute in small claims court of competent jurisdiction within the State of California or in any court of competent jurisdiction within your county of residence that has subject matter jurisdiction, either or both of which must be located in the State of California, USA, if your claim is within such court’s jurisdictional limit, provided that such Dispute remains in that court and advances only on an individual (non-class, non-representative) basis. Weddingara does not waive its right to arbitrate by exercising its right to litigate Disputes in a court of competent jurisdiction.

Arbitration Procedures. Any arbitration between you and Weddingara will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Weddingara.

Changes to this Arbitration Provision. Notwithstanding any provision in these Terms of Use to the contrary, you and Weddingara agree that if Weddingara makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a user of the Weddingara Services, you may reject any such change by sending Weddingara written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and Weddingara in accordance with the language of this arbitration provision as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

Severability. If any provision of this arbitration provision is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

Jury Trial Waiver. If for any reason a Dispute proceeds in court rather than arbitration, you and Weddingara waive any right to a jury trial.

Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth above do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in the State of California, County of Santa Clara, USA.

Governing Law

Except as expressly provided otherwise, this Agreement and your use of the Weddingara Services shall be governed by, construed, and enforced in accordance with the laws of the State of California, USA, without regard to its conflict of laws rules.

Entire Agreement

These Terms of Use, together with the Privacy Policy, and any other legal notices or additional terms and conditions or policies published by Weddingara on the Weddingara Services, shall constitute the entire agreement between you and Weddingara concerning the Weddingara Services. Except as explicitly stated herein, if any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Weddingara’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Contact Information

If you have any questions about these Terms of Use or the Weddingara Services, please contact Weddingara at info@weddingara.com