- Acceptance of Terms
As mentioned above, My Wedding Treasures is an online social marketplace in which users can list and sell their new and used wedding related products. My Wedding Treasures merely facilitates these transactions and possesses no retail store or merchandise inventory. All transactions through My Wedding Treasures™ are made directly between the Buyer and Seller and are strictly confidential, as are the terms of the sale. My Wedding Treasures™ assumes no liability for any transaction that takes place between buyer and seller. We do not offer refunds for item listing fees or upgraded listing fees.
2. Registration Data and Privacy
In order to access some of the services on this site, you will require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
If you contract for a listing on this site, you are solely responsible for the accuracy of the information provided and for any liability stemming from copy, images or other descriptions provided in the listing. You agree to check your listing once posted for accuracy and completeness. You agree to give MyWeddingTreasures.com license to use the content you upload, anywhere, and anytime without charge, liability or additional compensation.
Fees: Registering for the Service is free; however, MyWeddingTreasures.com charges certain fees for certain transactions listed below. Unless otherwise stated, all fees are quoted in U.S. dollars, are payable upon your initial listing and are not refundable once an item has been posted to MyWeddingTreasures.com, regardless of whether you sell your item(s). MyWeddingTreasures.com makes no guarantee that your item will sell.
(i) All standard listings on the site are listed for free. *
(ii) You can upgrade your item as a “featured item” for an additional charge of $2.10 per item, per day, or a flat fee of $50 per month*. Featured Items will rotate on the MyWeddingTreasures.com home page, appear on the Featured Items page and are listed first in category and potential buyer searches.
(iii) Commission: A 10% commissions fee will be deducted from the final order price after your item sells.
*MWT reserves the right to adjust listing and other prices in its sole discretion.
- As a Seller, you may create a Sales Listing for each sale of Goods. By listing on this site, sellers agree that:
- the Seller is responsible for the accuracy and content of the Sales Listing and Goods offered.
- The seller is solely responsible for managing their sale. MyWeddingTreasures.com has no involvement or liability within the item transaction.
- No refunds will be given once a listing has been posted.
- the Seller will include the condition of the Goods to be sold, complete and accurate details of the Goods and describe any defects and/or flaws in the Goods.
- the Seller must only include one item in one Sales Listing and must not change the listing to another item.
- the Seller will include large and clear photographs of the actual Goods for sale and of any defects and/or flaws in the Goods.
- the Seller must not use copyright photographs without permission or use photographs that do not accurately represent the item for sale.
- the Seller must provide an accurate retail price of the Goods, minus taxes and alterations.
- the Seller must not provide an inflated retail price to increase the discount offered or increase the asking price unless this is to fix an error or list any item for more than 90% of the retail price.
- the Sales Listing may not be immediately searchable for several hours;
- any Member Content which violates these terms and conditions, or any Policies may be modified and/or deleted at My Wedding Treasures’ sole discretion.
- For transactions via our site or services, we will enable purchasers to pay for sellers’ items or services using credit cards (currently Mastercard and Visa and American Express) via Paypal.
4. User Conduct:
You are solely responsible for all descriptions, pictures of items, listings, information, data, text, software, music, sound, graphics, video, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "post") or otherwise transmit via the Service, and for all items that you sell or purchase via the Service. The following are examples of the kind of items, content and/or use that is illegal or prohibited by My Wedding Treasues. MyWeddingTreasures reserves the right to investigate and take appropriate legal action against anyone who, in MyWeddingTreasures's sole discretion, violates this provision, including without limitation, removing the offending items or content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
- sell, post or otherwise transmit any item or content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to sell or transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) 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; or (vii) in the sole judgment of MyWeddingTreasures, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose MyWeddingTreasures or its users to any harm or liability of any type;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services other than those items intended to be sold and purchased through the Service;
- Post items that don't fit into one of these categories:
- Item is pre-owned or gently used
- Item is new and discounted
- Item is a sample or a discontinued item
- Item is handmade (handmade items do not need to be discounted)
- Fail to deliver items purchased from you, unless the Buyer fails to meet the posted terms, or you cannot authenticate the Buyer's identity;
- Fail to deliver payment for items purchased by you, unless the Seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
- manipulate the price of any item or interfere with other user's listings;
- circumvent or manipulate our fee structure, the billing process, or fees owed to MyWeddingTreasures
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- distribute or post spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm MyWeddingTreasures, or the interests or property of MyWeddingTreasures users;
- copy, modify, or distribute content from the Sites and MyWeddingTreasures's copyrights and trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- violate any applicable local, state, national or international law, MyWeddingTreasures policy or any regulations having the force of law;
- engage in any activities that violate the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. and its regulations at 47 C.F.R. § 64.1200; the Do-Not-Call Implementation Act, 15 U.S.C. § 6101 et seq.; or any similar consumer protection, anti-spam, data protection, or privacy legislation in any jurisdiction;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
5. Product Descriptions
MyWeddingTreasures.com requires sellers to provide accurate information on the Site. However, MyWeddingTreasures.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by MyWeddingTreasures.com itself is not as described, your sole remedy is to deal with the seller directly to resolve your dispute. MyWeddingTreasures.com is not involved in or in any way liable for any portion of the sale.
COLOR - We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor.
6. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
7. Intellectual Property Information
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. If you believe that your rights under United States or international copyright laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site.
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
Copyrights: All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications, which are provided by third-parties. While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date. If you choose to include catalog content in your listings, you will be responsible for ensuring that your listings are accurate and do not include misleading information. You agree that you will not hold our catalog providers responsible for inaccuracies in their catalogs. The catalogs may include copyrighted, trademarked or other proprietary materials. You may use the catalogs only for informational purposes and only in connection with your MyWeddingTreasures listings. You may not use catalog content in a way that infringes or violates anyone’s proprietary rights.
9. Use of Your Materials
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site.
Pursuant to the Digital Millennium Copyright Act,17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
109 Tanglewood Manor Drive, Silver Spring MD 20904
10. Disclaimer of Warranties
All materials and services on this site are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that: (a) the services and materials will meet your requirements, (b) the services and materials will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the services or materials will be effective, accurate or reliable, or (d) the quality of any products, services, or information purchased or obtained by you from the site from us or our affiliates will meet your expectations or be free from mistakes, errors or defects.
This site could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the materials and services at this site, including the prices and descriptions of any products listed herein, at any time without notice. The materials or services at this site may be out of date, and we make no commitment to update such materials or services.
The use of the services or the downloading or other acquisition of any materials through this site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you.
Any warranty that is provided in connection with any products, services, materials, or information available on or through this site from a third party is provided solely by such third party, and not by us or any other of our affiliates.
Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.
11. Limitation of Liability
In no event shall my wedding treasures or our affiliates be liable to you or any third party for any direct, indirect, special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or of any web site referenced or linked to from this site. This includes but is not limited to any damages based on reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to My Wedding Treasures’ records, programs or services.
Further, we shall not be liable in any way for third party goods and services offered through this site or for assistance in conducting commercial transactions through this site, including without limitation the processing of orders. The foregoing limitation of liability shall apply whether in an action of contract, negligence, or other tortious action, even if an authorized representative of My Wedding Treasures has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the Site. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages. In such states liability is limited to the fullest extent permitted by law
Notwithstanding the preceding paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
You agree to release, indemnify and hold My Wedding Treasures and its affiliates and their officers, employees, directors and agents (collectively, "Indemnitees") harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service (including any sale or purchase of any items through the Service), any User Content, your connection to the Service, your violation of these Terms or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
13. Third Party Links
Our Service may contain links to third-party web sites or services that are not owned or controlled by My Wedding Treasures. My Wedding Treasures has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that My Wedding Treasures shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
14. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
15. International Use
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
16. Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. In addition, we reserve the right to refuse an order from any customer at our sole discretion. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
17. Governing Law
18. Dispute Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting MyWeddingTreasures.
Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential arbitration in Seattle, Washington except that, to the extent you have in any manner violated or threatened to violate MyWeddingTreasures’s intellectual property rights, MyWeddingTreasures may seek injunctive or other appropriate relief in any state or federal court in the State of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration.
Limitation on Time to File Claims
19. User Disputes (Between Buyers, Sellers)
You agree that you are solely responsible for your interactions (including any purchase and sale transactions) with any other user in connection with the Service and My Wedding Treasures will have no liability or responsibility with respect to any such disputes. My Wedding Treasures reserves the right, but has no obligation, to take any action toward resolving any such dispute or become involved in any way with disputes between you and any other user of the Service.
UNIFORM COMMERCIAL CODE
We do not transfer legal ownership of items from the Seller to the Buyer, and nothing in this agreement shall modify the governing provisions of the Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the Buyer by the Seller. Unless the Buyer and the Seller agree otherwise, the Buyer will become the item's lawful owner upon physical receipt of the item from the Seller, in accordance with the Uniform Commercial Code § 2-401(2).
20. Entire Agreement
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
22. Contact Information
Except as explicitly noted on this site, the services available through this site are offered by My Wedding Treasures, a Maryland company, located at 109 Tanglewood Manor Drive, Silver Spring MD 20904. Our telephone number is 202-276-7644. All feedback, comments, concerns, requests for technical support and other communications relating to the Website should be directed to this email: email@example.com