ACCEPTANCE OF TERMS : Wedding Tales welcomes you. Wedding Tales provide the Services (defined below) to you (its users) subject to the following Terms of Service ("TOS"/ "Agreement"), which may be updated from time to time without any prior notice.These TOS describe the terms and conditions (the "Terms") applicable to all the users, whether directly or indirectly using/availing services of Wedding Tales. ("Wedding Tales" or "We"), available at weddingtales.club (the "Site"). By accessing and using the Wedding Tales Services, you (user) accept and agree to be bound by the terms and provision of the TOS.
If you do not agree to these terms, please do not use this Site. Wedding Tales reserve the right to amend these Terms from time to time without notice. All modified terms and conditions shall take effect immediately after posting to the Wedding Tales Website. User shall review this page periodically as any amendments or modification shall be binding on the user. This Agreement may not be modified, amended, and/or changed by you in any manner; however, you may choose to terminate your membership at your choosing. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using services from weddingtales.club, you acknowledge that you have read, understood and agree to these terms and conditions of use.
DESCRIPTION OF WEDDING TALES SERVICES : Wedding Tales provides users with access to a rich collection of resources, including various communications tools, sharing pre-wedding/post-wedding albums, downloading pictures, guest access, managing invites, map navigation,personalized content and exclusive programming by professionals through its network of properties which may be accessed through any various medium or device. You also understand and agree that the Wedding Tales Services may include advertisements and that these advertisements are necessary for Wedding Tales to provide its Services. You also understand and agree that the Wedding Tales Services may include certain communications from Wedding Tales, such as service announcements andadministrative messages and that these communications are considered part of Wedding Tales membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Wedding Tales Services, including the release of new Wedding Tales properties, shall be subject to the TOS. You understand and agree that the Wedding Tales Services is provided "AS-IS" and that Wedding Tales assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You understand that the technical processing and transmission of the Wedding Tales Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Users themselves are held solely responsible for transmitting or sharing information/ photos and albums/ video clips/ sharing invites and transmitting of any information from weddingtales.club; and that in furtherance of such transmission of information, the terms and policies of such other networks shall also be made applicable and that Wedding Tales hold no responsibility of any such activities of the user.
YOUR REGISTRATION OBLIGATIONS : In consideration of your use of the Wedding Tales Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Wedding Tales Services under the Indian Law or other applicable jurisdictional law. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Wedding Tales registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Wedding Tales has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, Wedding Tales has the right to suspend or terminate your account and refuse any and all current or future use of the Wedding Tales Services or any portion thereof. You must be aged 18 or over to use the Services. If you have a pre-existing Family Account covering children aged under 18 then you have an ongoing responsibility to determine whether any of the Wedding Tales Services areas and/or Content (as defined in Section 8 below) are appropriate for your child.
CHANGES TO SITE : Weddingtales.com may change, suspend or discontinue any portion of the Site at any time, including the availability of any Site feature, functionality, database, or Content. Weddingtales.com may also impose limits at any time on certain features and services or restrict your access to parts or all of the Site without notice or liability.
FEATURE DEVELOPMENT NOTICE : The design of the Site, its Services and Features may be changed, enhanced or modified at any time without prior notice, and Weddingtales.com does not guarantee maintaining compatibility of Site or App with subsequent versions of Site or the App. Wedding Tales reserves the right to withdraw any part of the site without prior notice. The site is provided "AS IS" without warranty, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. The User remains solely responsible for the design and its results. In no event will weddingtales.club be liable for any damages under this agreement, including but not limited to any loss of profits, revenues or data, financial losses or indirect, special, incidental, consequential, exemplary or punitive damages, even if notified of the possibility of such damages, or for any claim by the user based on a third party claim. The User understands and agrees that weddingtales.com makes no representation or warranties regarding use of the Site. The User shall have sole responsibility for adequate protection and backup of their data or equipment used in connection with the Site and shall not claim against Wedding Tales for loss of data or any other damages arising from use of the Site. The user agrees to cooperate when the site is technically low or under modification or construction and shall not claim Wedding Tales under such conditions.
CUSTOM DESIGNS & ADDED UTILITIES :Custom designs and added utilities are available under Advance and Professional Plans and are chargeable and licensed to the customer for use. Wedding Tales may add designs or a modified version to the catalogue at any time and use the design for promotional purpose. The Plans description is as provided on the weddingtales.club and its designs, features, price are subject to revision, modification or alteration. Menu style and typography is based on the selected design style. Custom fonts are not available. Any designs and artwork created by Wedding Tales are the property of Wedding Tales and are licensed to the customer for use.
Wedding Tales may offer premium services and content through Wedding Tales Services for a fee. Payment and other applicable purchase terms will be as disclosed or displayed on the site at the time you sign up for any fee-based service and you will be subject to those additional terms which shall supplement this Agreement.
MEMBER ACCOUNT, PASSWORD AND SECURITY :You will receive a password and account designation upon completing the Wedding Tales Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Wedding Tales of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Wedding Tales shall not be liable for any loss or damage arising from your failure to comply with this Section.
MEMBER CONDUCT :You understand that all information, data, text, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Wedding Tales, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via Wedding Tales Services. Wedding Tales does not control the Content posted via Wedding Tales Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Wedding Tales be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Wedding Tales Services.
You agree to not use the Wedding Tales Services to:
a. upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. upload, post, email, transmit, or otherwise make available any 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);
c. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, right of privacy or other proprietary rights ("Rights") of any party;
d. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials or any other form of solicitation, except otherwise then with the prior authorization of sub-user or client( as accessible under professional plan of Wedding Tales);
e. any purpose other than planning and managing wedding, events/occasions or contain any information, software or other material of a commercial nature other than managing professional photography, videography or documentary data;
f. contain a virus or other harmful component;
g. "stalk" or otherwise harass another; and/orcollect or store personal data about other users in connection with the prohibited conduct and activities;
h. intentionally or unintentionally violate any applicable local, state, national or international law.
You acknowledge that Wedding Tales may or may not pre-screen Content, but that Wedding Tales and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Wedding TalesServices. Without limiting the foregoing, Wedding Tales and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Wedding Tales or submitted to Wedding Tales, including without limitation information in Wedding TalesGallery and in all other parts of the Wedding Tales Services.
You acknowledge, consent and agree that Wedding Tales may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Wedding Tales, its users and the public.
You must not attempt to override or circumvent any of the usage rules embedded into the Wedding Tales Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Wedding Tales Services, in whole or in part, is strictly prohibited.
In case of Advance or professional plan, Wedding Tales shall not be held responsible for promotional practice including marketing, advertising, publicizing, or such persuasive practiceundertaken by professional users with regard to use of photographs, graphics, audio-visual clips or such personal information of sub-user/client/third party and such practices may solely be undertaken under mutual understanding or indenture between sub-user/client/third-party and professional user. Wedding Tales strictly forbids such unauthorized use or unlawful bearing of third party information by professional planners/ professional users and shall not be held responsible in case whatsoever.
INFORMATION PROVIDED BY USERS :Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by Wedding Tales, are those of their respective authors. Such authors are solely responsible for such content.
Wedding Tales does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the
Service. Under no circumstances will Wedding Tales or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service.
INDEMNITY :You agree to indemnify and hold Wedding Tales and its officers, directors, owners, agents, employees, information providers, affiliates, licensors (collectively, the "Indemnified Parties")harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Wedding Tales Services, your use of the Wedding Tales Services, your connection to the Wedding Tales Services, your violation of the TOS, or your violation of any rights of another.Users further agree to hold Wedding Tales and Affiliate harmless from any claim arising from a third party's use of information or materials of any kind that users post to the Site.
NO AGENCY :You hereby agree and acknowledge that your use of the site, does not confer or imply any contract (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship and that no affiliation, association or connection exists between you and Wedding Tales. In no event shall you have authority to bind, commit, contract for, or otherwise obligate Wedding Tales in any manner whatsoever. We are not responsible for expired invitation codes or any such code handing out during beta transfer.
TERMINATION :You may terminate your Wedding Tales Account, any associated email address and access to the Wedding Tales Services by submitting such termination request to Wedding Tales.
You agree that Wedding Tales may, without prior notice, immediately terminate, limit your access to or suspend your Wedding Tales account, any associated email address, and access to the Wedding Tales Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Wedding Tales Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) non-payment of any fees owed by you in connection with the Wedding Tales Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Wedding Tales' sole discretion and that Wedding Tales shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Wedding Tales Services.
Termination of your Wedding Tales account includes any or all of the following: (a) removal of access to all or part of the offerings within the Wedding Tales Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Wedding Tales Services.
PAYMENT AND REFUND POLICY :The services of Wedding Tales shall be charged at the amount stated on the site for the chosen plan. No refunds or credits will be provided after 7 days of the account billing date. Custom orders are not refundable. At Wedding Tales sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by Wedding Tales.
GENERAL PRACTICES REGARDING USE AND STORAGE :You acknowledge that the Wedding Tales may establish general practices and limits concerning use of the Wedding Tales Services, including without limitation the maximum number of days gallery data, message board postings or other uploaded Content will be retained by the Wedding Tales Services, the maximum number or size of data that may be sent from or received by an account on the Wedding Tales Services, the maximum disk space that will be allotted on Wedding Tales' servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the service in a given period of time. You agree that Wedding Tales has no responsibility or liability for the deletion or failure to store any photos/Videos and other communications or other Content maintained or transmitted by the Wedding Tales Services. You acknowledge that Wedding Tales reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Wedding Talesreserves the right to modify these general practices and limits from time to time.
RECORD KEEPING/AUDIT :Wedding Tales reserves the right to keep all records of any and all communications between you and other Users (including guests) for administration purposes.
DEALINGS WITH ADVERTISERS :Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Wedding TalesServices, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Wedding Talesshall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Wedding TalesServices.
CONFIDENTIALITY/NON-DISCLOSURE :As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, We may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and shall be vigorously challenged in the court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
WEDDING TALES' PROPRIETARY RIGHTS :You acknowledge and agree that the Wedding Tales Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Wedding Tales Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Wedding Tales or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Wedding Tales Services or such Content, in whole or in part.
Wedding Tales grants you a personal, non-transferable and non-exclusive right and license to use the object code of this Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right on the Site. You agree not to modify the Site in any manner or form, including (without limitation) for the purpose of obtaining unauthorized access to the Wedding TalesServices.You agree not to access theWedding TalesServices by any means other than through the interface that is provided by Wedding Tales for use in accessing the Wedding Tales Services.
DISCLAIMER OF WARRANTIES :
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE WEDDING TALES SERVICES ARE AT YOUR SOLE RISK. THE WEDDING TALES SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WEDDING TALES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WEDDING TALES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEDDING TALES SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE WEDDING TALES SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEDDING TALES SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEDDING TALES SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS ON THE SITE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEDDING TALES SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEDDING TALES OR THROUGH OR FROM THE WEDDING TALES SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY :YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEDDING TALES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, OR OTHER INTANGIBLE LOSSES (EVEN IF WEDDING TALES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE WEDDING TALES SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEDDING TALES SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE WEDDING TALES SERVICE.
TRADEMARK INFORMATION :You agree that all of Wedding Tales' trademarks, trade names, service marks and other Wedding Taleslogos and brand features, and product and service names are trademarks and the property of the Wedding Tales. Without Wedding Tales' prior permission, you agree not to display or use in any manner the Wedding Tales Marks.
NOTICE OF COPYRIGHT :The Site is protected by copyright as a collective work and/or compilation, pursuant to Indian copyright laws, international conventions, and other copyright laws. The contents of the Site (the "Content") are only for your personal, non-commercial use. All materials contained on the Site are protected by copyright, and are owned or controlled by Wedding Tales or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Site. You may download and make copies of the Content and other downloadable items displayed on this Site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Wedding Tales or the copyright holder identified in the individual Content's copyright notice.
COPYRIGHT AGENT, NOTICE, AND TAKE DOWN PROCEDURES :If you believe any materials accessible on or from Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Wedding Tales copyright agent (identified below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed.
Identification of the material that you believe to be infringing and its location.
Your name, address, telephone number and email address.
A statement that you have a good faith belief that the use of materials is not authorized by the copyright owner.
A statement that the information that you have supplied is accurate.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Wedding Tales agent for copyright issues relating to this Site is as follows: weddingtales.club Legal Department Attn: Copyright Agent, Email: firstname.lastname@example.org
NON-CONFIDENTIALITY NOTICE :You acknowledge that transmission to and from this Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Wedding Tales, no confidential, fiduciary, contractually implied or other relationship is created between you and Wedding Tales other than pursuant to these Terms.
SECURITY :Wedding Tales uses industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers. We utilize several different security techniques to protect data from unauthorized access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our Site can be interrupted by numerous factors outside of our control.
SUBMISSIONS :We always want to receive messages and feedback from Wedding Tales users and welcome any comments regarding the Site. However, please be aware that any ideas, suggestions comments or proposals you send to Wedding Tales (collectively, "Submissions") are non-confidential, shall become the sole property of Wedding Tales, and you hereby assign all right, title and interest in such Submissions. To the extent Submissions cannot be assigned to Wedding Tales, you hereby grant and agree to grant to Wedding Tales all rights needed for Wedding Tales to incorporate and commercialize the Submissions at no charge or encumbrance to Wedding Tales and you agree that Wedding Tales may disclose the Submissions to any third party in any manner and you agree that Wedding Tales has the ability to sublicense all Submissions in any form to any third party without restriction. Wedding Tales shall own all rights therein, including all intellectual property rights. Wedding Tales shall be entitled to use and/or disseminate the Submissions in any manner and for any purpose whatsoever, commercial or otherwise, without compensation or credit to you.
REMEDIES :Remedies for user that violate this Agreement include, but are not limited to, the immediate termination of membership, notifying Wedding Tales of your actions, issuing a warning (including a public warning), temporarily suspending your membership and monetary compensation.
ARBITRATION :Disputes between you and Wedding Tales regarding the Site or services should be reported to email@example.com. We will attempt to resolve any disputes you have with Wedding Tales. Being a neutral venue, we shall not be responsible for resolving any disputes between User and Professional Users regarding services or transactions. Any claim or controversy arising out of or relating to your use of this Site, to the goods or services provided through Wedding Tales, this Agreement, or to any acts or omissions for which you may contend Wedding Tales liable, including but not limited to any claim or controversy as to arbitrary "Dispute", shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator and the dispute shall be settled by arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration. The seat, or legal place of arbitration shall be Ahmedabad, India. The arbitrator shall be selected pursuant to The Arbitration Law of India. In any arbitration, the parties will split the cost of the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party, provided, however, that in any cost to the consumer shall be limited to the cost of filing a court case. To begin the arbitration process, a party must make a written demand therefore.
GENERAL INFORMATION : Entire Agreement. The TOS constitutes the entire agreement between you and Wedding Tales and governs your use of the Wedding Tales Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Wedding Tales services, affiliate services, third-party content or third-party software.
This TOS may not be modified, supplemented, qualified, or interpreted by any trade usage or shall not be used or interpreted in prior course of dealing in a manner not expressly mentioned. The invalidity or un-enforceability of any provision of this TOS shall not affect its validity as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by Wedding Tales to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other or any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of arbitration or litigation involving the enforcement or interpretation of this Agreement. You agree that other than affiliates or subsidiaries of Wedding Tales, there are no intended third-party beneficiaries of this Agreement. The section headings used herein are for convenience only and shall not be given any legal importance. Choice of Law and Forum. You and Wedding Tales each agree that the TOS and the relationship with respect to any dispute or claims not subject to arbitration between the parties shall be governed by the laws of the State of Gujarat, India without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Wedding Tales, shall be brought exclusively in the courts located in the state of Gujarat, India. Waiver and Severability of Terms. The failure of Wedding Tales to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your Wedding Talesaccount is non-transferable and any rights to your Wedding TalesID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Force Majeure. Any delays in or failure of performance by either party under this Agreement shall not constitute default hereunder if and to the extent caused by Force Majeure, which is defined to be occurrences beyond the control of the party effected, including but not limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection, sabotage and non-cooperation of third parties. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Wedding Tales Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.