The User Agreement below is for all users effective October 1, 2008.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH YOUBETHE WEDDINGPLANNER OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the User Agreement for Youbetheweddingplanner.com, Inc. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.youbetheweddingplanner.com and the general principles for the websites of our subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of www.youbetheweddingplanner.com. We strongly recommend that, after you read this User Agreement, you also access and read other pertinent pages of the www.youbetheweddingplanner.com web site, as they may contain further terms and conditions that apply to you as a www.youbetheweddingplanner.com user.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement is effective on October 1. 2008 for new registering users and for all existing users who registered prior to October 1, 2008.
1.0 www.youbetheweddingplanner.com is a Venue.
www.youbetheweddingplanner.com is not a booking ‘agent’. Our site acts as venues to allow anyone to buy and sell live entertainment services. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised the truth or accuracy of the listings, the ability of sellers to sell services or the ability of buyers to buy services. We cannot ensure that a buyer or seller will actually complete a transaction.
1.1 Release.
Because we are a venue, in the event that you have a dispute with one or more www.youbetheweddingplanner.com Members or users, you release www.youbetheweddingplanner.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
1.2 Information Control.
We do not control the information provided by other Members and users that is made available through our system. You may find other Members and user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe buying, selling, booking, and communications when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and www.youbetheweddingplanner.com is not responsible for the acts or omissions of users on the Site.
1.3 Fraud.
Without limiting any other remedies, www.youbetheweddingplanner.com may suspend or terminate your account and/or Membership if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity, misrepresentation, or falsehoods in connection with the Site.
1.4 Feedback Integrity.
You may not take any actions that may undermine the integrity of the www.youbetheweddingplanner.com feedback system. We may limit the number of client feedback reviews you (“performer”) may place on the Site based upon the level of your feedback. If you (“performer”) engage in the practice of libel, slander, foul language, threats and/or threatening language, www.youbetheweddingplanner.com has the right to remove or edit your feedback. www.youbetheweddingplanner.com also has the right not to edit or remove your feedback. Likewise, www.youbetheweddingplanner.com clients are not permitted to engage in the practice of libel, slander, foul language, threats and/or threatening language. www.youbetheweddingplanner.com has the right to remove or edit client feedback. www.youbetheweddingplanner.com also has the right not to edit or remove client feedback. All feedback will be published live on the www.youbetheweddingplanner.com Site at the discretion of www.youbetheweddingplanner.com . Feedback is not to be used by performers in order to threaten, harass, blackmail, or extort money, goods/services from clients. If www.youbetheweddingplanner.com concludes that feedback has been used by a performer to threaten, harass, blackmail, or extort money, goods/services from clients, www.youbetheweddingplanner.com reserves the right to temporarily suspend or permanently remove said performer and said performer’s www.youbetheweddingplanner.com Membership from the www.youbetheweddingplanner.com website. Feedback is not to be used by clients in order to threaten, harass, blackmail, or extort money, goods/services from performers. If www.youbetheweddingplanner.com concludes that feedback has been used by a client to threaten, harass, blackmail, or extort money, goods/services from performers, www.youbetheweddingplanner.com reserves the right to temporarily suspend or permanently prevent said client from utilizing the www.youbetheweddingplanner.com website to contact www.youbetheweddingplanner.com performers and book live entertainment through the www.youbetheweddingplanner.com website. A www.youbetheweddingplanner.com performer may not cancel on a www.youbetheweddingplanner.com client because he or she is afraid of receiving less than perfect or negative client feedback after the event has taken place. If you (“performer”) earn an overall net feedback rating of 1 (one), your www.youbetheweddingplanner.com Membership may be suspended.
1.5 Feedback Export.
You acknowledge that your feedback consists of comments left by other Members and users and a composite feedback number compiled by www.youbetheweddingplanner.com , and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating booking between www.youbetheweddingplanner.com Members and users, you agree that you shall not market or export your www.youbetheweddingplanner.com feedback rating in any venue other than a www.youbetheweddingplanner.com operated website.
1.6 Feedback Import.
We do not provide you the technical ability to import feedback from other (non- www.youbetheweddingplanner.com operated) websites to www.youbetheweddingplanner.com because a composite number, without the corresponding feedback does not reflect your true online reputation within the www.youbetheweddingplanner.com community of Members and users.
2.0 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL www.youbetheweddingplanner.com BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF www.youbetheweddingplanner.com OR A www.youbetheweddingplanner.com AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
3.0 Indemnity.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
4.0 Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of live entertainment services and other related items.
5.0 No Agency.
You and www.youbetheweddingplanner.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
6.0 Notices.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Yoube Networks 81 Lady Slipper Lane Bridgewater, MA (in the case of www.youbetheweddingplanner.com ) or to the e-mail address you provide to www.youbetheweddingplanner.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to www.youbetheweddingplanner.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
7.0 Arbitration.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by www.youbetheweddingplanner.com to collect our fees and/or recover damages for, or obtain an injunction relating to, the www.youbetheweddingplanner.com site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Boston, MA, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or www.youbetheweddingplanner.com may seek any interim or preliminary relief from a court of competent jurisdiction in Boston, MA necessary to protect the rights or property of you or www.youbetheweddingplanner.com pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
8.0 Entertainer Membership.
www.youbetheweddingplanner.com has the explicit right to suspend and/or remove any www.youbetheweddingplanner.com Member from the www.youbetheweddingplanner.com Web Site at any time as circumstances warrant.
8.1 Not Responding To Client Leads.
www.youbetheweddingplanner.com has the explicit right to temporarily suspend or permanently de-activate the Membership of any www.youbetheweddingplanner.com Member who fails to reply to five or more consecutive emails.
8.2 Falsifying Bookings.
www.youbetheweddingplanner.com has the explicit right to temporarily suspend or permanently de-activate the Membership of any www.youbetheweddingplanner.com Member who falsifies bookings and/or client information. Falsifying bookings with an attempt to deceive www.youbetheweddingplanner.com clientele by artificially inflating ratings and booking totals is not permitted.
8.3 No-Shows, Cancellations, & Client Deposit Returns.
www.youbetheweddingplanner.com has the explicit right to temporarily suspend or permanently de-activate the Membership of any www.youbetheweddingplanner.com Member who has been a “no-show” for more than one www.youbetheweddingplanner.com booking and/or fails to return the client’s deposit for said no-show. www.youbetheweddingplanner.com has the explicit right to temporarily suspend or permanently de-activate the Membership of any www.youbetheweddingplanner.com Member who cancels (for any reason) a booking on a www.youbetheweddingplanner.com client and subsequently fails to return the client’s deposit.
8.4 Derogatory Comments & Slander.
Derogatory and/or slanderous comments made by www.youbetheweddingplanner.com Members about other www.youbetheweddingplanner.com Members and/or other non- www.youbetheweddingplanner.com Members are not permitted. Derogatory and/or slanderous comments made by www.youbetheweddingplanner.com Members about other implied www.youbetheweddingplanner.com Members and/or other implied non- www.youbetheweddingplanner.com Members are not permitted.
8.5 Member Press Kit Photos, Audio, & Video.
www.youbetheweddingplanner.com is committed to providing our Members and Users with a secure, comfortable environment. Nude, obscene, sexual, or otherwise offensive photos, audio samples, and/or video samples are strictly prohibited. www.youbetheweddingplanner.com reserves the right to crop or reject any photo at our discretion. www.youbetheweddingplanner.com reserves the right to reject any audio or video sample at our discretion.
9.0 Two Strike Rule.
If www.youbetheweddingplanner.com has warned any www.youbetheweddingplanner.com Member one-time about any Membership violations in this User Agreement, and said Member has corrected and resolved the violation, and then said Member violates anything contained within the www.youbetheweddingplanner.com User Agreement a second time, www.youbetheweddingplanner.com shall permanently ban said Member from www.youbetheweddingplanner.com Membership effective immediately. www.youbetheweddingplanner.com also has the explicit right to remove any www.youbetheweddingplanner.com Member at any time as circumstances warrant.
10.0 Non-Member Users & Client Memberships.
There is no charge for non-Member users to utilize the www.youbetheweddingplanner.com Web Site and contact www.youbetheweddingplanner.com entertainers.
11.0 Disclosures.
The services hereunder are offered by, Inc., located at www.youbetheweddingplanner.com 81 Lady Slipper Lane Bridgewater, MA. If you are a Massachusetts resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.