TheMarriageTM Terms of Use Agreement
THE FOLLOWING DESCRIBES THE TERMS ON WHICH THEMARRIAGE.COM OFFERS YOU ACCESS TO AND THE USE OF ANY PART OF OUR WEBSITE.
This Terms of Use Agreement describes the general terms and conditions applicable to your use of our services available under the domain and sub-domains of www.TheMarriage.com and the general requirements and principles for the websites of our subsidiaries and affiliates.
You must be at least 18 years old to access or use this website and you must also read, agree with and accept all of the terms and conditions contained in this Agreement which include those terms and conditions expressly set out below as well as those incorporated by reference, before you may use, login or become an active member of TheMarriage. We strongly recommend that, after you read this User Agreement, you also access and read other pertinent pages of TheMarriage web site, as they may contain further guidelines or terms and conditions that apply to you as a TheMarriage user.
If you or your Company has been listed on this website and you would like to have the listing and everything associated with it removed then send a notice to us (see Section 8.0 below) and we shall organise for your prompt removal.
If you do not agree to be bound by the terms and conditions of this Agreement then do not use or access our website or use our services.
This Agreement is effective on September 01st, 2009 and applies to all Company Members, clients and users. We reserve the right from time to time to modify this Agreement and also to vary any other terms, conditions or guidelines listed elsewhere at any time by posting updates and amended terms on our site.
We also reserve the right to make modifications and changes to the Site. These modifications and changes may include, but are not limited to, discontinuing, temporarily or permanently, any service offered by, or through TheMarriage (or any part thereof) with or without notice.
Your continued use of our Site constitutes acceptance of any alterations.
1.0 TheMarriage is a Venue.
TheMarriageTM is a “venue” and to the fullest extent possible pursuant to the applicable law, TheMarriage disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights.
The services listed are provided on an “as is” and “as available” basis. TheMarriage is not a booking agent and we are not involved in the actual transaction between buyers and sellers. We have no control over the quality, safety or legality of any items or services which may be 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.
Additionally, TheMarriage is not a law firm and does not provide any Legal Advice, mediate or get involved in any potentially Legal Affairs. Your use of the TheMarriage web site or any TheMarriage service does not create any attorney-client relationship between you and TheMarriage.
1.1 Release.
Because we are a venue, in the event that you have a dispute with one or more of TheMarriage Company Members, clients or users, you release TheMarriage (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.
TheMarriage makes no warranty that: (i) Any services will meet any of your requirements, (ii) Services will be timely, secure or uninterrupted, (iii) The quality of the services or products listed on this website will meet your expectations.
You accept full responsibility for determining whether any document is suitable for any particular purpose and for protecting yourself against any possible consequential damages. You further agree that TheMarriage shall not be liable to you or to any other party for any changes and modifications that we may make.
Except as expressly provided in this Agreement, we are not responsible for any loss, injury, claim, liability, damage, or consequential damage related to your use of any documents, or for inaccessibility of any documents whether from errors or omissions in the content of documents or any other linked sites or for any other reason.
TheMarriage does not represent or warrant that any items, materials, services or documents, its server or any linked sites are free of any harmful materials. Material downloaded from TheMarriage.com is at your own risk and you will be solely responsible for any damage or loss that results from the download (Intentional or otherwise) of any such material. Use of our Site, and any documents, information or materials is at your own risk.
1.2 Information Control.
We do not control information provided by TheMarriage Company Members, clients or by any users that is made available through our system. You may find other Members, clients or 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. Although we do not edit the content of information, reviews or testimonials, we reserve the right to request verification and/or remove content that we determine, in our sole discretion, to be offensive, unfairly biased, inappropriate and/or contrary to any of the community network principles of TheMarriage. By using this Site, you agree to accept such risks and that TheMarriage will not be held responsible for any content provided on the Site.
1.3 Suspected Fraud.
Without limiting any other remedies, we reserve the right to decide what is counted as a client introduction to TheMarriage and to remove any benefits from client introductions or deactivate members’ accounts that we determine, in our sole discretion, to be inappropriate and/or that have been operated in violation of any of the community principles of TheMarriage. Depending on the level of offence, you may risk deactivation of your account and consequently everything associated with it, including client introductions, any information, your ranking and your profile. If you are unsure whether your actions may be inconsistent with these policies, please err on the side of caution. TheMarriage may also, but is not obligated to, suspend or terminate your account and/or Membership if we suspect that you have engaged in any other fraudulent activity, misrepresentation, or falsehoods in connection with the Site.
1.4 Feedback Integrity.
It is up to each member of the Community to help to maintain the integrity of the community's content. You may not take any actions that may undermine the integrity of the TheMarriage feedback system.
If you, as a Company Member, client or user engage in the practice of libel, slander, foul language, threats, derogatory and/or threatening language, TheMarriage has the right to remove or edit your content and/or feedback. TheMarriage also has the right not to edit or remove your feedback.
If TheMarriage deems that any feedback is unreasonable, overtly biased, and/or appears for whatever reason(s) to be unjustified or unjustifiable then TheMarriage, in its sole discretion, shall have the right, but not the obligation to remove or edit said feedback. As a general guideline, feedback, as far as practical, should always be well-researched, reasonable and constructive.
All feedback will be published live on the TheMarriage Site at the discretion of TheMarriage.
Feedback is not to be used by TheMarriage Company Members in order to threaten, harass, blackmail, or extort money, goods/services from clients. If TheMarriage concludes that feedback has been used by a Member to threaten, harass, blackmail, or extort money, goods/services from clients, TheMarriage shall have the right, but not the obligation, to divulge relevant information to TheMarriage Community and also to temporarily suspend or permanently remove said Company Member and said Company Member's details and other information from the TheMarriage website.
Feedback should not be used order to threaten, harass, blackmail, or extort money, goods/services from TheMarriage Company Members. If TheMarriage concludes that feedback has been used by a client to threaten, harass, blackmail, or extort money, goods/services from members, TheMarriage shall have the right, but not the obligation, to divulge relevant information to TheMarriage Community and also to temporarily suspend or permanently prevent said client from utilizing the TheMarriage website to contact members through the TheMarriage website.
Company Members of TheMarriage may not cancel on any client because he or she is afraid of receiving less than perfect or negative client feedback. If you ("Company Member") earn an overall net feedback rating of 1 (one), TheMarriage shall have the right, but not the obligation, to suspend your TheMarriage Company Membership.
1.5 Feedback Export.
Feedback ratings are not designed for any purpose other than for facilitating booking between TheMarriage Members and users, you agree that you shall not market or export your TheMarriage feedback rating in any venue other than a TheMarriage operated website.
1.6 Feedback Import.
We do not provide you the technical ability to import feedback from other (non-TheMarriage operated) websites.
2.0 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THEMARRIAGE 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.
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 enquiries, listing, purchase, solicitation of offers to purchase, and sale of services and other related items.
5.0 No Partnership.
You and TheMarriage are independent parties, 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 registered postal mail to TheMarriage, Attn: TheMarriage, 8B, 66 Wellington Street, Central, Hong Kong or by communication to your e-mail address (in your case). Notice shall be deemed given 48 hours after an email is sent to you, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, to your last known and confirmed current address in which case, notice shall be deemed given 3 days after the date of mailing.
7.0 Governance and Arbitration.
This Agreement shall be governed by and construed in accordance with the Jurisdiction, Laws and Courts of Hong Kong SAR.
The Parties hereby expressly agree that if any single provision of this agreement is agreed by them to be null and void then that provision shall be disregarded but all other provisions shall remain valid and of full effect. In the event any provision of this Agreement, or any other terms, conditions and agreements detailed elsewhere on this website is finally determined by a court of law or the HKIAC (Hong Kong International Arbitration Centre) to be invalid, illegal or otherwise unenforceable, the parties agree that they shall re-negotiate the subject provision to achieve a substitute which to the maximum extent possible is consistent with the original provision.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by TheMarriage to collect our fees and/or recover damages for, or obtain an injunction relating to, the TheMarriage site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Hong Kong International Arbitration Centre.
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 Hong Kong, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Either you or TheMarriage may seek any interim or preliminary relief from a court of competent jurisdiction in Hong Kong necessary to protect the rights or property of you or TheMarriage pending the completion of arbitration.
Any violation of the terms and provisions of this Agreement, or of any other terms, conditions, agreements or guidelines detailed elsewhere on this website shall be taken to be intentional and will be dealt with accordingly.
Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to USD1000.00.
8.0 Company Membership.
TheMarriage has the explicit right, but not the obligation, to suspend and/or remove any TheMarriage Company Member from the TheMarriage Web Site at any time at its sole discretion. Without limiting the previous sentence, TheMarriage has the explicit right, but not the obligation, to suspend and/or remove any TheMarriage Company from the TheMarriage website at any time for any breach or suspected breach of the terms of this Agreement.
8.1 General Rules of Conduct
You are solely responsible for the content or information you publish, display or otherwise communicate in any manner (hereinafter, "post") on the web site, or transmit to other Members or clients.
You will not post on the web site, or transmit to other Members or clients, or otherwise communicate any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Furthermore you will not take actions to promote the physical harm or harassment of another person, engage in or promote spamming, provide information that you know is illegal, false or misleading, or designed to exploit those under 18 or otherwise provide instructional information about illegal activities such as making or buying illegal weapons, violating someone else's right to privacy or providing or creating computer viruses.
You will use the web site in a manner consistent with any and all applicable local and international laws and regulations.
You will not provide inaccurate, misleading or false information to TheMarriage or to any other Member. If information provided to TheMarriage, or another Member or client, subsequently becomes inaccurate, misleading or false, you will promptly notify TheMarriage of such change.
You will not engage in advertising to, or solicitation of, other Members or clients to buy or sell any products or services other than the products and services those intended through the web site. You will not transmit any chain letters or junk E-mail to other Members or clients.
You will not post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
For all submitted content you grant TheMarriage and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sub licensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise use all such content as if it were the full owner thereof. You will defend and indemnify TheMarriage and its affiliates from any claims resulting from any content or materials you provide.
You will promptly report to TheMarriage any violation of the terms of this Agreement by other Members, clients or users.
TheMarriage reserves the right, but has no obligation, to monitor the materials posted in the public areas of the web site. TheMarriage shall have the right, but not the obligation, to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of this Agreement. Notwithstanding this right of TheMarriage, YOU REMAIN SOLELY RESPONSIBLE FOR THE ACCURACY OF CONTENT LISTED ON YOUR OWN PAGES, CONTENT OF ANY MATERIALS YOU POST IN THE PUBLIC AREAS OF THE WEB SITE AND IN YOUR PRIVATE E-MAIL MESSAGES. E-mails sent between you and other Members or clients that are not readily accessible to the general public, but via TheMarriage may be analysed, compiled, recorded or monitored from time to time as applicable.
You may not access the private areas of other members accounts or in any other way interfere with the operation of TheMarriage. You may not share or otherwise allow the use of your password or login credentials with any third parties. TheMarriage is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password
Your profile should be listed in the appropriate category. TheMarriage reserves the right to re-categorize or deactivate profiles it determines to be categorised incorrectly. Company Members are not allowed to create more than one basic listing or one profile per account and one account per category
You may not transfer your existing client introductions or account balances to other accounts, members or to your other profile listings. You may not share your referral or account balances with other members or between your own multiple listings.
You should not post similar or identical content if you list in more than one profile or category. No outgoing links (apart from a member’s genuine details or website homepage) will be displayed on TheMarriage for the purpose of directing activity, commercial or otherwise to external websites.
8.2 Not Responding To Enquiries or Client Leads.
In general any enquiries by potential clients via TheMarriage should be treated with respect and as a general rule should be responded to within 48hours of receipt. TheMarriage has the explicit right to temporarily suspend or permanently de-activate the Membership of any TheMarriage Member who fails to reply to three or more consecutive enquiries or emails.
8.3 Falsifying Information.
You may not promote or list products or services that are not part of your existing portfolio and on-going business.
You may not falsely claim credentials or expertise. You may not impersonate another Company Member, client or user. Furthermore you agree to not impersonate any person or communicate under a false name or a name you are not entitled or authorized to use.
You may not introduce false client introductions or any other mechanism for the explicit purpose of increasing your ranking or otherwise trick the ranking system.
TheMarriage has the explicit right to temporarily suspend or permanently de-activate the Membership of any TheMarriage Member who falsifies referrals, reviews, testimonials, enquiries and/or client information. Falsifying information with an attempt to deceive TheMarriage or clientele by artificially manipulating ratings and/or testimonials is not permitted.
8.4 No-Shows, Cancellations, & Client Deposit Returns.
TheMarriage has the explicit right to temporarily suspend or permanently de-activate the Membership of any TheMarriage Company Member who has been a "no-show" for more than one verifiable client booking (via TheMarriage) and/or fails to return the client's deposit for said no-show. TheMarriage has the explicit right to temporarily suspend or permanently de-activate the Membership of any TheMarriage Company Member who cancels (for any reason) a booking on a TheMarriage client and subsequently fails to return the client's deposit.
8.5 Derogatory Comments & Slander.
Derogatory and/or slanderous comments made by TheMarriage Company Members about other Company Members and/or other non-TheMarriage Members are not permitted. Derogatory and/or slanderous comments made by TheMarriage Members about other implied TheMarriage Members and/or other implied non-TheMarriage Members are not permitted.
8.6 Booking Transaction Interference.
TheMarriage users or Company Members are not permitted to attempt to interfere with another TheMarriage Company Members booking. TheMarriage users or Company Members are not permitted to email or telephone TheMarriage clients in an open or completed booking to warn them away from hiring a TheMarriage Company Member. Discouraging clients from hiring other TheMarriage Company Members is not permitted.
8.7 Farming of Client Leads.
The act of 'farming' out client leads is not permitted. TheMarriage defines 'farming' out of client leads as "to give up (as an estate or a business) to another on condition of receiving in return a fixed sum", meaning - TheMarriage' Company Members are strictly prohibited from taking client leads provided to them and transferring these client leads to non-TheMarriage members and entities. A client lead is only to be utilized by the TheMarriage Company Member who received said client lead from TheMarriage. If TheMarriage.com discovers that a particular TheMarriage Member is farming out client leads, TheMarriage reserves the right to temporarily suspend or permanently remove said TheMarriage Member from the TheMarriage website and to terminate said TheMarriage Company's Membership.
8.8 Company Member’s Portfolio, Photos, Audio, & Video.
TheMarriage is committed to providing our Members and Users with a secure, comfortable environment. Nude, obscene, sexual, or otherwise offensive photos, audio samples, or video samples are subject to potential removal. If the subject in your photo would be considered unacceptable on a family friendly public beach or not permitted to be shown on regular television, your photo will not be permitted on TheMarriage. TheMarriage reserves the right to crop or reject any photo at our discretion. TheMarriage reserves the right to reject any audio or video sample at our discretion.
9.0 Client Testimonials and Reviews.
Only past clients that have genuinely used a Company Members products or services for their completed wedding or event are allowed to post testimonials and reviews. TheMarriage reserves the right, but not the obligation to request details or any other additional confirmation to enable verification of any submitted review or testimonial. TheMarriage, in its sole discretion, reserves the right to edit or remove any submitted testimonial or review.
10.0 Wedding Referral Program
DEFINITIONS
"Affiliate" means an individual or business sending traffic to the Wedding Referral Program link. Only wedding related companies or websites can be Affiliates and participate in the Wedding Referral Program.
Payments to Affiliates are made to the Affiliates email address using PayPal. Payments are only made to Affiliates after a photographer confirms a booking to us, the booking must be for a total value of over US$1000. Referrals are only counted if they are the result of first contact between a client and a photographer, if a client had previously contacted a photographer via another method then the referral does not count.
TheMarriage reserves the right to change or cancel a photographer or an Affiliates participation in the wedding referral program at any time. TheMarriage.com is not responsible for the Photographers reporting of confirmed bookings, however we make every effort to ensure that photographers correctly report bookings resulting from the wedding referral program. Any photographer found to be incorrectly reporting bookings repeatedly will be removed from the Wedding Referral Program.
10.1 Changes To The Service
TheMarriage.com reserves the right to change, modify, suspend or discontinue the Wedding Referral Program at any time. The affiliate is responsible for determining if the Payout for a Link they have placed on their site has changed or been discontinued. In the event of any material change, TheMarriage.com will notify You via e-mail, or the TheMarriage.com Web site at least 7 days prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from the Wedding Referral Program.
10.2 Payment
Affiliates will be paid in US dollars ($US) for a confirmed referral approximately seven (7) days after referral is confirmed by a photographer. Payments shall be made by TheMarriage.com out of the funds actually collected from the photographer that received the referral. TheMarriage.com shall have no payment obligation to Affiliates where the Photographer has not remitted sufficient payments to cover the Bounties otherwise due and owing to the Affiliate. Upon termination of the Agreement, all legitimate moneys due to Affiliate that are actually collected from the applicable Photographer will be paid within thirty (30) days.
10.3 Ethics
Photographers must offer their standard pricing to clients who make enquiries through the Wedding Referrral Program. Any photographer that is found to be raising prices or incorrectly reporting bookings will be removed from the program.
Disclosure
TheMarriage.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.