1. Acceptance of Terms
SmartBride Boutique is an online resource connecting users who wish to buy or sell wedding-related goods and services, as well as share and exchange wedding-related information. As such, SmartBride Boutique's content is almost entirely user-owned and generated. By accessing SmartBride Boutique, you are agreeing to comply with the following terms and policies. SmartBride Boutique reserves the right to change these terms and policies (the "Terms") from time to time without notice, any such changes becoming effective immediately upon their publication at: http://www.smartbrideboutique.com/about/terms.html
All postings, messages, advertisements, files, images, photos, video, sounds, or material in any other media ("Content") posted on, transmitted through or linked from SmartBride Boutique are the sole responsibility of the individual or entity from whom such Content originated. SmartBride Boutique does not control, and is not responsible for Content made available through its website, and by accessing SmartBride Boutique, you understand that you may be exposed to Content that is offensive, obscene, inaccurate, misleading, or otherwise objectionable. Under no circumstances will SmartBride Boutique be liable in any way for any Content or for any loss or damage of any kind related to the use of, reliance on or exposure to any Content posted, emailed or otherwise made available through SmartBride Boutique.
By posting Content on SmartBride Boutique, you agree to grant, and you represent and warrant that you have the right to grant to SmartBride Boutique, an irrevocable, perpetual, non-exclusive, fully paid, royalty-free, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses of the foregoing. By posting Content on SmartBride Boutique, you further represent and warrant that you have all necessary rights and permissions to post said Content, and that you are not violating the proprietary rights of any party by posting said Content.
If you believe that your work has been copied in a manner that violates your intellectual property rights, please notify SmartBride Boutique's agent for intellectual property infringement claims at email@example.com
You agree that SmartBride Boutique may establish limits concerning your Content and your use of SmartBride Boutique's website, including the maximum number of days that Content will be retained by SmartBride Boutique, the maximum number and size of postings or email messages, and the frequency with which you may access SmartBride Boutique. SmartBride Boutique reserves the right in its sole discretion to remove or delete any Content that violates the letter or spirit of these Terms, or for any other reason. SmartBride Boutique shall not be liable for any removal, deletion or failure to store Content.
3. Third Party Content
SmartBride Boutique and Content available through SmartBride Boutique may contain links or provide access to third party content that is completely independent of SmartBride Boutique. You agree that SmartBride Boutique shall not be responsible or liable for any damage or loss of any kind relating to the use of or reliance on any such third party content.
You agree not to post, email or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, pornographic, obscene, defamatory, libellous, or invasive of another's privacy;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- that impersonates any person or entity, or misrepresents an affiliation with any person or entity;
- that includes personal or identifying information about another person without that person's explicit consent;
- that is false, deceptive, misleading, deceitful or misinformative;
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
- that 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;
- that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to SmartBride Boutique, or that otherwise negatively affects other users' ability to use SmartBride Boutique; or
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the service.
Additionally, you agree not to:
- copy, modify or distribute any other User's Content;
- use automated means, including spiders, robots, crawlers, data mining tools, or any other means to download data from SmartBride Boutique, unless expressly permitted by SmartBride Boutique;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on SmartBride Boutique's infrastructure;
- post the same item or service in more than one classified category or forum, or in more than one metropolitan area ("City Section");
- use any form of automated device or computer program that enables the submission of postings on SmartBride Boutique without each posting being manually entered by the author thereof;
- use a third-party agent, service or intermediary that offers to post Content to SmartBride Boutique on your behalf; or
- post Content to SmartBride Boutique as an agent, service or intermediary for a User unless granted specific permission by that user such as a consignment agreement.
5. Free and Premium Services
Individual Buyers and Sellers: Using SmartBride Boutique is free for all individuals buying and selling wedding related items. Individual sellers can elect to add premium services ("Premium Listings" or "Premium Services") to their basic (free) listing for a fee. If the service a user elects to add to their basic listing requires a fee, the user will be able to review and accept that charge within the shopping cart. Our fees are quoted in U.S. Dollars, and may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees or provide discount codes for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and individuals are responsible for paying them when they're due. If a payment transaction is unsuccessful, we may limit an individual's ability to use the services until a successful payment transaction is made.
Retailers and Consignors ("Retailers"): Retailers wishing to sell items on SmartBride Boutique require a monthly subscription. Retailers can change or cancel their subscription at any time without losing their account settings and history. When signing up for a monthly subscription package, a Retailer can review and accept that charge within the shopping cart. Our fees are quoted in U.S. Dollars, and may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees or provide discount codes for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and Retailers are responsible for paying them when they're due. If a Retailer payment transaction is unsuccessful, we may limit their ability to use the services until a successful payment transaction is made.
6. Listing by Retailers
If you operate a retail or consignment business selling wedding-related clothing or accessories that fall within SmartBride Boutique's listing categories (wedding gowns, bridesmaids, shoes, veils, jewelry, decorations, mother of the bride, ring bearer, flower girl, free), you may list for sale discounted, discontinued, or sample items, or items with slight damage or irregularities that are not part of your regularly-priced inventory (hereinafter "Retail Items"). You agree to list such Retail Items in only one City Section, and agree to provide potential buyers with physical access to inspect such Retail Items in said city prior to purchase if they so choose. You also agree to publish the true regular retail price of the item along with the sale price of the item.
SmartBride Boutique suggests that all new, sample or used items listed by retailers items be priced at a minimum of 30 percent of the original retail price. SmartBride Boutique reserves the right to, at its sole discretion, limit the quantity of or remove any Listings for any reason.
7. Delivery of Services
Individual Sellers: Your Premium Listing will be published on the SmartBride Boutique website immediately after your credit card transaction is complete. Should there be any problems with the payment transaction, your listing will be published on the SmartBride Boutique website as a basic listing. Please contact us immediately by e-mail at firstname.lastname@example.org to rectify the issue.
For all other Premium Services such as a Listing Critique or Google Adwords Campaign, you will be contacted by e-mail within 2 business days of your successful transaction with notification that your service has been delivered and/or we need additional information to complete the Premium Service. It is your sole responsibility to ensure that your e-mail address is up to date within your 'My SmartBride' dashboard under the 'My Account' tab and that you check your spam/junk folder regularly for misdirected communications.
Retailers: Your paid retailer listings will be published on the SmartBride Boutique website immediately after you choose a retailer package and your credit card transaction is complete. Should there be any problems with the payment transaction, your listings will be saved, however, temporarily remain unpublished on the SmartBride Boutique website. Please contact us immediately by e-mail at email@example.com to rectify the issue.
Once your transaction is successfully processed, you can publish your listings immediately from the 'My Items' tab of the 'My SmartBride' dashboard.
For all other Premium Services such as a Google Adwords Campaign, you will be contacted by e-mail within 2 business days of your successful transaction with notification that your service has been delivered and/or we need additional information to complete the Premium Service. It is your sole responsibility to ensure that your e-mail address is up to date within your 'My SmartBride' dashboard under the 'My Account' tab and that you check your spam/junk folder regularly for misdirected communications.
8. Payment Schedule and Refund Policy
For Individual Sellers: SmartBride Boutique does not offer refunds for services rendered. Services such as Listing Critiques and Google Adwords Campaigns are billed on a one-time basis. Premium Listings are billed on a monthly subscription basis beginning with a 3-month minimum initial subscription. As a seller, it is your responsibility to ensure that you promptly delete your item to trigger the cancellation of monthly subscription fees by either:
- Clicking the 'this item has sold' link within the 'My Items' tab of your 'My SmartBride' user dashboard, or
- Clicking the 'delete' link within the 'My Items' tab of your 'My SmartBride' user dashboard, or
- Clicking the 'unfeature this item' link within the 'My Items' tab of your 'My SmartBride' user dasboard.
SmartBride Boutique will not refund any pro-rated portion of a monthly subscription should you:
- Sell, delete or unfeature an item before the 3-month minimum subscription period expires, or
- Sell, delete or unfeature an item in the middle of the month (after the 3-month minimum subscription), or
- Fail to promptly delete your item before the beginning of the next billing cycle.
For Retailer Sellers: SmartBride Boutique does not offer refunds for services rendered. A retail subscription fee is charged from the time you process your 3-month minimum subscription fee until you elect to cancel your subscription regardless of the number of items you currently have listed for sale. As a retailer, it is your responsibility to ensure that you cancel your subscription to trigger the cancellation of your monthly subscription fees by:
- Clicking on the change account type within the 'My Account' tab of your 'My SmartBride' user dashboard.
SmartBride Boutique will not refund any pro-rated portion of a monthly retailer subscription should you elect to cancel or downgrade your subscription in the middle of the month or before the 3-month minimum subscription period expires. SmartBride Boutique does not automatically re-assess your retailer subscription package based on the number of items you have posted at any given time. It is the sole responsibility of the retailer to change their subscription package if they reduce the number of items they have listed for sale and are subsequently eligible to use a smaller retailer subscription package.
If you believe you have been billed in error, please contact us without delay by one of the methods below:
- E-mail: firstname.lastname@example.org
- Telephone: 888-307-0937
- Fax: 888-307-0937
- Mailing Address:
- 157 Adelaide Street West
- Suite 728
- Toronto, Ontario
- M5H 4E7
9. RSS Feeds
SmartBride Boutique permits you to display, excerpt from and link to SmartBride Boutique's RSS feeds on your website, provided that:
- Each title is correctly linked back to the original post on SmartBride Boutique and redirects the user to the post when the user clicks on it,
- You provide, adjacent to the link or RSS feed, proper attribution to "SmartBride Boutique" or "smartbrideboutique.com" as the source,
- Your use or display does not suggest that SmartBride Boutique promotes or endorses any third party causes, ideas, websites, products or services,
- You do not redistribute the RSS feed, and
- Your use does not overburden SmartBride Boutique's systems. SmartBride Boutique reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Please report any violations of these Terms by flagging the posting(s) for review, or by emailing to: email@example.com
SmartBride Boutique may, in its sole discretion, take any steps to remedy violations of these Terms, including but not limited to restricting or terminating service, removing hosted content, or initiating legal action. SmartBride Boutique's failure to act with respect to any breach does not waive SmartBride Boutique's right to act with respect to subsequent or similar breaches.
11. Termination of Service
You agree that SmartBride Boutique, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of SmartBride Boutique (or any part thereof), immediately and without notice, and remove and discard any Content within SmartBride Boutique, for any reason whatsoever. Further, you agree that SmartBride Boutique shall not be liable to you or any third-party for any termination of your access to SmartBride Boutique. You agree not to attempt to use SmartBride Boutique after said termination.
12. Interactions and Disputes Between Users
Your interactions with organizations and/or individuals found on or through SmartBride Boutique, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. SmartBride Boutique does not make any representations, warranties or guarantees regarding the Content posted by such organizations and/or individuals. You agree that SmartBride Boutique shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users on this site, or between users and any third party, you understand and agree that SmartBride Boutique is under no obligation to become involved.
In the event that you have a dispute with one or more other users, you hereby release SmartBride Boutique, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or SmartBride Boutique's service.
14. Intellectual Property
SmartBride Boutique is protected to the maximum extent permitted by copyright laws, trademark laws and international treaties. Content displayed on or through SmartBride is protected by copyright as a collective work and/or compilation, pursuant to copyright laws and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site of the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of SmartBride Boutique or its assigns and successors. You further agree not to reproduce, duplicate or copy Content from SmartBride Boutique without the express written consent of SmartBride Boutique or its assigns and successors, and agree to abide by any and all copyright notices displayed on SmartBride Boutique. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in SmartBride Boutique. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of SmartBride Boutique.
15. Limitation of Liability
You agree that the use of SmartBride Boutique is entirely at your own risk. SmartBride Boutique is provided on an "as is" or "as available" basis, without any warranties, representations, conditions or guarantees of any kind, whether express or implied, including but not limited to those pertaining to quality, merchantability, durability, fitness for a particular purpose, and those arising by statute.
As SmartBride Boutique's content is almost entirely user-owned and generated, SmartBride Boutique disclaims any liability for monitoring SmartBride Boutique or for unauthorized or unlawful content posted on SmartBride Boutique.
Under no circumstances shall SmartBride Boutique, its assigns or successors be liable for direct, indirect, incidental, special, consequential, exemplary or punitive damages resulting from any aspect of your use of SmartBride Boutique, whether the damages arise from the use or misuse of SmartBride Boutique, from inability to use SmartBride Boutique, or the interruption, suspension, modification, alteration, or termination of SmartBride Boutique or its services. This limitation applies even if SmartBride Boutique receives notice that any such damages are reasonably foreseeable. You further agree that this limitation will also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with SmartBride Boutique or any links on SmartBride Boutique.
You agree to hold SmartBride Boutique, its directors, officers, subsidiaries, affiliates, successors, assigns, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through SmartBride Boutique, your use of SmartBride Boutique, any violation of these Terms, or your violation of any rights of another individual or organization.
These Terms constitute the entire agreement between you and SmartBride Boutique, superseding any prior agreements. These Terms and the relationship between you and SmartBride Boutique shall be governed by the laws of the Province of Ontario, Canada. You and SmartBride Boutique agree to submit to the personal and exclusive jurisdiction of the courts located in the Province of Ontario, Canada. The failure of SmartBride Boutique to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
SmartBride Boutique may automatically assign these Terms in its sole discretion. SmartBride Boutique reserves the right at any time to modify or discontinue SmartBride Boutique (or any part thereof) with or without notice.