Effective date: March 21, 2020
Your Acceptance of the Terms
The Services and Users of the Services
Through our Services we offer a one-stop platform for couples planning South Asian inspired weddings in Texas to find quality vendors through honest reviews and transparent pricing. We have also launched our Wedding Venue Concierge, where we connect the client with venues that fit their event requirements. Our Services are only available to business entities and individuals at least 18 years of age who can form legally binding contracts under applicable law. Users of our Services include individual users such as prospective brides and grooms, newlyweds, people hosting an event, cohabitants of a residence, and expectant parents (collectively, “Members”), and companies and other third parties offering products and services related to weddings or other important life events (collectively, “Vendors”) (all of the foregoing, including Members and Vendors, are referred to collectively, herein as “Users”). Certain areas of the Services may provide a place for Members to interact with Vendors and book services that a Vendor offers.
Children Under Thirteen
TDB does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use TDB only with permission of a parent or guardian.
As a Member, you acknowledge that while we use techniques to help verify the identity of Vendors when they register for memberships or subscriptions on our Services, we cannot and will not guarantee each Vendor’s identity, capabilities, that it has obtained all required permits, licenses or consents, or that it complies with all applicable laws. We do not endorse any particular Vendor nor do we guarantee the quality of their goods or services. You should use our Services as a starting point for identifying organizations that provide the products and services you need, then conduct your own research to ensure the service providers you choose to do business are appropriate for you.
If you are agreeing to the Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Terms and, in such event, “you” and “your” refer to that company or other entity.
As a Vendor you acknowledge that we will not endorse you or your products or services. We are in no way responsible for assisting you in reaching an agreement with Members. We are not responsible for assisting you in providing goods and services to Members. Your membership or subscription to our Services may not be transferred or sold to another party.
As a Vendor you must list the true and correct name of your business on the Services. If there is a change to that business name, Vendors must promptly update the Services and may need to provide additional documentation for proof of name change. Vendors who engage in the sale of goods and services must have a valid business operations license, as applicable. If you or your company experiences a dissolution, merger or other significant change in personnel (e.g., sale of company), then we, in our sole discretion, have the right to determine whether to keep active, transfer or terminate your account, including all content previously associated with such account.
We may offer different types of paid and free memberships or subscriptions. For instance, we may offer “Basic,” “Free Trial", or other unpaid vendor memberships. These unpaid Vendor memberships do not guarantee any advertising placement or other benefits. We reserve the right to modify the terms of or cancel any such unpaid vendor memberships. We may also offer memberships or subscriptions for which a Vendor pays (“Paid Subscriptions”). Additional terms and conditions apply to such Paid Subscriptions, and are made a part of the Terms by reference. If there is a conflict between the Terms and the terms for any service offered on or through the Services, such as Paid Subscriptions, the latter terms shall control with respect to your use of that portion of the Services.
As a Vendor, please note that The Desi Bride may reach out to your clients without informing you for an anonymous review. There is no action required on your behalf.
We Are a Neutral Entity and Digital Meeting Place
As a User, you acknowledge that we are not a product or service provider, vendor, or an agent representative for any Vendor. We and the Services function solely as a neutral entity and digital meeting place where Users may connect for particular types of services or products. We are not involved in or a party to the actual transaction between Users. As a result, we have no control over the existence, quality, accuracy, safety, or legality of the transactions that take place on our Services or the accuracy of any Vendor listings. We have no control over the ability of Vendors to provide items or perform services or the ability of Members to pay for any goods and services. We make no representations or warranties and are not liable or responsible for the actions or inactions of our Users.
Visiting TDB or sending emails to TDB constitutes electronic communications. By providing us with your email address, emailing TDB, or visiting TDB, you consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Account Confidentiality and Security
When using the Services, you agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date (this includes your contact information, so that we can reliably contact you)
If you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that TDB is not responsible for third party access to your account that results from theft or misappropriation of your account.
TDB and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Links to Third Party Sites/Third Party Services
TDB may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of TDB and TDB is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TDB is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TDB of the site or any association with its operators.
Certain services made available via TDB are delivered by third party sites and organizations. By using any product, service or functionality originating from the TDB domain, you hereby acknowledge and consent that TDB may share such information and data with any third party with whom TDB has a contractual relationship to provide the requested product, service or functionality on behalf of TDB users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use TDB strictly in accordance with these Terms. As a condition of your use of the Services, you warrant to TDB that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
All content included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Services, is the property of TDB or its vendors / suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on in the Services. TDB content is not for resale. Your use of the Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of TDB and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of TDB or our licensors except as expressly authorized by these Terms.
Using the Services
You must comply with all applicable laws and contractual obligations when you use the Services. In using the Services, you also agree to abide by the rules outlined below.
As a User of the Services, you expressly agree not to:
If you are a Vendor, you further expressly agree not to:
We reserve the right to suspend any User’s access to the Services and/or cancel the contract of any User that violates these rules.
Use of Communication Services
The Services may contain reviews, chat areas, news groups, forums, communities, personal web pages, and/or other message or communication facilities designed to enable you to submit content and communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
TDB has no obligation to monitor the Communication Services. However, TDB reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. TDB reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
TDB reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TDB’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. TDB does not control or endorse the content, messages or information found in any Communication Service and, therefore, TDB specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized TDB spokespersons, and their views do not necessarily reflect those of TDB.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to TDB or Posted on Any TDB Web Page (Submissions)
TDB does not claim ownership of the materials you provide to TDB (including feedback and suggestions) or post, upload, input or submit to any TDB Services or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting, and represent and warrant that you have the right to grant to TDB, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission. Additionally, by providing Submissions, you authorize us to use the names, voices, photographs, likenesses, performances, and biographical data included in or associated with any materials in connection with the advertising, promotion, trade and other exploitation of the Submissions and the rights granted herein. You acknowledge that we may retain archived copies of your Submissions and may continue to use your Submissions in connection with any materials that were created prior to your removal of Submissions, in accordance with the license described above
No compensation will be paid with respect to the use of your Submission, as provided herein. The Desi Bride is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The Desi Bride's sole discretion.
Third Party Accounts
You will be able to connect your TDB account to third party accounts. By connecting your TDB account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by TDB from our offices within the USA and intended for use within the U.S. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the TDB Content accessed through TDB in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless The Desi Bride, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Desi Bride reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Desi Bride in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and The Desi Bride agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE DESI BRIDE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE DESI BRIDE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE DESI BRIDE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
The Desi Bride reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Desi Bride as a result of this agreement or use of the Site. The Desi Bride's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Desi Bride's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The Desi Bride with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Desi Bride with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Desi Bride with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Governing Law; Venue and Jurisdiction
By using the Services, you agree that the laws of the State of Texas, without regard to principles of conflict of laws of any state or jurisdiction, will govern the Terms and any dispute of any sort that might arise between you and us or any of our affiliates. With respect to any disputes or claims not subject to arbitration, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Texas, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Texas.
Claims of Copyright Infringement — DMCA Notice
We take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials from the Services by submitting written notification to us at firstname.lastname@example.org.
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”) the written notice (the “DMCA Notice”) must include substantially the following:
Completed notices should be sent by email to: email@example.com or by mail to: 806 Cheshire Drive, Coppell, TX 75019.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
Completed Counter-Notices should be sent by email to: firstname.lastname@example.org or by mail to: 806 Cheshire Drive, Coppell, TX 75019.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. If you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
The Desi Bride welcomes your questions or comments regarding the Terms at email@example.com.