1. ACKNOWLEDGMENTS AND ACCEPTANCE OF TERMS OF SERVICE
, a concern of RED WIND BD
("Bdwedding" or "we") is a wedding website that provides valuable wedding-related information for the modern prospective couple. The services offered by us include the Bdwedding websites located at bdwedding.com
or any sub domain of bdwedding.com (the "Bdwedding Website"), and any other feature, content or applications offered from time to time by Bdwedding in connection with the Bdwedding Website whether accessed directly or through our application for mobile devices (collectively, the "Bdwedding Services").
Bdwedding may modify this Agreement from time to time and each modification will be effective when it is posted (current posting date mentioned below) on the Bdwedding Website (www.bdwedding.com). You agree to be bound to any changes to this Agreement through your continued use of the Bdwedding Services. You will not be notified of any modifications to this Agreement so it is important that you review this Agreement regularly to ensure you are updated as to any changes.
WE URGE YOU TO THINK BEFORE YOU UPLOAD, SUBMIT OR EMBED CONTENT. THIS AGREEMENT PERMITS YOU TO UPLOAD TO , SUBMIT TO OR EMBED ON THE BDWEDDING SERVICES ONLY PHOTOS OR OTHER CONTENT THAT YOU OWN THE COPYRIGHT TO OR OTHERWISE HAVE THE RIGHT TO PUBLISH. BY UPLOADING, SUBMITTING OR EMBEDDING PHOTOS OR OTHER CONTENT THAT YOU DO NOT OWN THE COPYRIGHT TO OR DO NOT OTHERWISE HAVE THE RIGHT TO PUBLISH, YOU MAY SUBJECT YOURSELF TO LEGAL LIABILITY (SEE E.G., SECTIONS 4, 5 AND 6 BELOW). IT IS YOUR RESPONSIBILITY TO ENSURE YOU HAVE ADEQUATE RIGHTS TO PUBLISH TO THE BDWEDDING SERVICES ALL PHOTOS AND OTHER CONTENT YOU POST.
Use of the Bdwedding Services is void where prohibited. By registering, you (i) represent and warrant that you have the right, authority and capacity to enter into and to fully abide by all of the terms and conditions of this Agreement, and (ii) agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Bdwedding Services.
This Agreement shall remain in full force and effect while you use the Bdwedding Services or are a User/ Vendor / Wedding Service Provider on the website. Bdwedding may terminate your use of the Bdwedding Website or the Bdwedding Services, in its sole discretion, for any reason or no reason whatsoever, at any time, without prior warning or notice to you.
You are required to register with Bdwedding if you want to write a review, create user or business profiles, create checklist, create shortlist, create lovelist and view or edit your profile. In order to register with Bdwedding you must supply a valid email address and contact number, which will be used as a unique identifier for your account, and a password.
5. USER OR VENDOR CONTENT
i) Bdwedding does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "User or Vendor Content") that you upload to, submit to, or embed on the Bdwedding Services. You represent and warrant that you own the User Content posted by you on or through the Bdwedding Services or that you otherwise have sufficient right, title and interest in and to such User or Vendor Content to grant Bdwedding the licenses and rights set forth below without violating, infringing or misappropriating the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User or Vendor Content posted by you to or through the Bdwedding Services.
ii) After posting, uploading or embedding User or Vendor Content to the Bdwedding Services, you continue to retain such rights in such User or Vendor Content as you held prior to posting such User or Vendor Content on the Bdwedding Services and you continue to have the right to use your User or Vendor Content in any way you choose. However, by displaying or publishing ("posting") any User or Vendor Content on or through the Bdwedding Services, you hereby grant to Bdwedding a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, display, reproduce, adapt, modify (e.g., re-format), re-arrange, and distribute your User or Vendor Content through any media now known or developed in the future. Photographs used on the Bdwedding Services on in any Bdwedding publication will include attribution to the photographer and/or copyright holder.
iii) Without this license, Bdwedding would be unable to provide the Bdwedding Services or its publications. For example, the license you grant to Bdwedding is non-exclusive (meaning you are free to license your Content to anyone else in addition to Bdwedding), fully-paid and royalty-free (meaning that Bdwedding is not required to pay you for the use of the User or Vendor Content that you post), sub-licensable (so that Bdwedding is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Bdwedding Services), and worldwide (because the Internet and the Bdwedding Services are global in reach).
iv) This license will terminate at the time you remove your User or Vendor Content from the Bdwedding Services except as to any User or Vendor Content that Bdwedding has sub-licensed prior to your removal of your User or Vendor Content from the Bdwedding Services, which license shall continue in perpetuity. To remove User Content, please send a request to email@example.com
and include a brief description of the item(s) to be removed along with a URL of the item(s) current location on the Bdwedding Website. We will remove the item(s) as quickly as possible.
v) The Bdwedding Services contain Content owned by Bdwedding ("Bdwedding Content"). Bdwedding Content is protected by copyright, trademark, and other laws, and Bdwedding owns and retains all rights in the Bdwedding Content and the Bdwedding Services. Bdwedding hereby grants you a limited, revocable, non-sublicensable license to view the Bdwedding Content (excluding any software code) solely for your personal use in connection with viewing the Bdwedding Website and using the Bdwedding Services. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Bdwedding Content appearing on or through the Bdwedding Services.
vi) The Bdwedding Services contain Content of other Users and other Bdwedding licensors ("Third Party Content") and you are permitted to access the Third Party Content solely for your personal use in connection with viewing the Bdwedding Website and using the Bdwedding Services. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Third Party Content appearing on or through the Bdwedding Services.
6. PROHIBITED CONTENT
Bdwedding reserves the right, in its sole and absolute discretion, to determine whether User or Vendor Content is appropriate; and to remove any User or Vendor Content, without notice or liability to you, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial list of the types of User or Vendor Content that Bdwedding deems to be inappropriate:
i) Content that criticizes a business or individual beyond that of merely offering an opinion;
ii) Content that promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
iii) Content that harasses or advocates harassment of another person;
iv) Content that solicits personal information from anyone under 18;
v) Content that exploits people in a sexual or violent manner;
vi) Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
vii) Content that includes racially, ethically, religious, political or otherwise objectionable language;
viii) Content that is libelous, defamatory, or otherwise tortious language;
ix) Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
x) Content that contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
xi) Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
xii) Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
xiii) Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
Bdwedding’s right to remove inappropriate User Content shall not be its sole right with respect to inappropriate User or Vendor Content and Bdwedding expressly reserves the right to investigate and take appropriate legal action against anyone who, in Bdwedding’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
7. PROHIBITED ACTIVITY
You expressly agree that you are prohibited from engaging in, and will not engage in, the following prohibited activities in connection with your use of the Bdwedding Services:
i) copying, modifying, translating, publishing, broadcasting, transmitting, licensing, sublicensing, assigning, distributing, performing, publicly displaying, or selling any Third Party Content or Bdwedding Content appearing on or through the Bdwedding Services;
ii) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
iii) covering or obscuring the banner advertisements on your personal profile page, or any Bdwedding page via HTML/CSS or any other means;
iv) any automated use of the system, such as using scripts to add friends or send comments or messages;
v) interfering with, disrupting, or creating an undue burden on the Bdwedding Services or the networks or services connected to the Bdwedding Services;
vi) attempting to impersonate another User, person, or representative of Bdwedding;
vii) using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
viii) selling or otherwise transferring your profile, without our permission;
ix) using any information obtained from the Bdwedding Services in order to harass, abuse, or harm another person;
x) displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Bdwedding Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
xi) using the Bdwedding Services in a manner inconsistent with any and all applicable laws and regulations.
8. COPYRIGHT POLICY
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Bdwedding or others (including without limitation Third Party Content or Bdwedding Content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information. If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user. Without limiting the foregoing, if you believe that your work has been copied and posted on the Bdwedding Services in a way that constitutes copyright infringement, please provide us with relevant proof and we will be happy to take corrective action accordingly.
9. USER DISPUTES
You are solely responsible for your interactions with other Bdwedding Users. Bdwedding reserves the right, but has no obligation, to monitor disputes between you and other Users and to immediately terminate the privileges of any User for any reason or for no reason.
and incorporated into this Agreement by this reference.
11. PROMOTIONS AND GIVEAWAYS
From time to time, Bdwedding will offer promotions or giveaways on behalf of third parties. Each promotion or giveaway will have its own rules that will disclose what information is gathered, how that information is used, and who that information shared with. Bdwedding encourages you to review such information prior to engaging with each promotion or giveaway.
12. TRANSACTIONS WITH ORGANIZATIONS OR INDIVIDUALS AND DISCLAIMER OF WARRANTIES
THE BDWEDDING SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND AND BDWEDDING EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED OR STATUTORY WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR BDWEDDING SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Without limiting the generality of the foregoing, Bdwedding is not responsible for any incorrect or inaccurate Content posted on the Bdwedding Website or in connection with the Bdwedding Services. User or Vendor Content created and posted on the Bdwedding Website may contain links to other websites. Bdwedding is not responsible for the accuracy or interactions with any merchants, retailers and/or individuals found on or through the Bdwedding.com Service or opinions contained in User / Vendor Content or on third party websites linked from User or Vendor Content. Such websites are in no way investigated, monitored or checked for accuracy or completeness by Bdwedding. Inclusion of any linked website on the Bdwedding Services does not imply approval or endorsement of the linked website by Bdwedding. When you access these third-party sites, you do so at your own risk. Bdwedding takes no responsibility for third party advertisements which are posted on this Bdwedding Website or through the Bdwedding Services, nor does it take any responsibility for the goods or services provided by its advertisers. Bdwedding is not responsible for the conduct, whether online or offline, of any User of the Bdwedding Services. Bdwedding assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User / Vendor communication or any Content. Bdwedding is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Bdwedding Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Bdwedding Services. Under no circumstances shall Bdwedding be responsible for any loss or damage, including personal injury or death, resulting from use of the Bdwedding Services, attendance at a Bdwedding event, from any Content posted on or through the Bdwedding Services, or from the conduct of any Users or Vendors of the Bdwedding Services, whether online or offline.
BDWEDDING CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE BDWEDDING SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, PAYMENT AND DELIVERY OF GOODS AND SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS. THESE DEALINGS ARE SOLELY BETWEEN YOU AND SUCH MERCHANTS, RETAILERS AND/OR INDIVIDUALS. BDWEDDING.COM IS UNDER NO OBLIGATION TO BECOME INVOLVED IN DISPUTES BETWEEN PARTICIPANTS ON THE BDWEDDING.COM SERVICE, OR BETWEEN PARTICIPANTS ON THE BDWEDDING.COM SERVICE AND ANY THIRD PARTY.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL BDWEDDING OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF BDWEDDING BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF BDWEDDING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BDWEDDING’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, PAID BY YOU TO BDWEDDING FOR THE BDWEDDING SERVICES DURING THE TERM OF YOUR USE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BDWEDDING SHALL NOT BE LIABLE FOR USER / VENDOR CONTENT OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS MAY NOT APPLY TO YOU.
14. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
15. DISPUTES; CHOICE OF LAW; VENUE
If there is any dispute about or involving the Bdwedding Services, you agree that the dispute shall be governed by the laws of Bangladesh. The prevailing party in any action brought in connection with this Agreement shall be entitled to an award of attorneys’ fees and costs incurred by the prevailing party in connection with such action.
You agree to indemnify and hold harmless Bdwedding, and any parent, subsidiary, and affiliate, director, officer, employee, licensor, distributor, supplier, agent, re-seller, owner and operator, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Bdwedding Services in violation of this Agreement and/or arising from: (i) your use of and access to the Bdwedding Website; (ii) your violation of any term of these Terms and Conditions of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User or Vendor Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions of Use and your use of the Bdwedding Website and/or the Bdwedding Services.
17. WAIVER AND SEVERABILITY OF TERMS AND CONDITIONS
The failure of Bdwedding to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
18. 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 Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
19. REVIEWS ON VENDOR PROFILES
Reviews written for vendors on their Bdwedding profile are a very important tool for new couples as well as vendors. We therefore take utmost care to uphold the integrity & credibility of reviews on our platform. You or Vendor can report a review to Bdwedding at firstname.lastname@example.org
Bdwedding activate every statement written in the reviews on vendor profiles. However, any review once reported to ensure that reviews on Bdwedding are posted by genuine clients of vendors and that they follow our terms. Bdwedding reserves the right to disable or delete any review.
20. VENDOR'S INFORMATION
Information those mention in the Vendor's Profile like Venue spaces, No. of Rooms, No. of Parking, Venue rent, Product or Service prices etc., provided by the vendors are approximate, not hundred percentage actual (may or may not). Bdwedding.com is not a eCommerce site or not to sell any product or service, so all information are just to use as publicity or to give ideas to users or clients about the regarding vendors. To inform about the actual information of any regarding product or service, please contact the vendor directly using mentioned email or contact no.
21. VIOLATIONS OR ANY QUESTIONS
Please report any violations or questions of / about these terms and conditions of Use to us by emailing us at email@example.com
Date of Last Revision: January 09, 2018