Bustld Terms and Conditions
Last Revised February 23, 2016
Thanks for coming to Bustld! Please read these Terms and Conditions carefully and completely (“Terms”).
Bustld is owned and operated by bustld, LLC, and/or its subsidiaries and affiliates (collectively referred to herein as “we”, “us” or “our”).
By accessing or using the Bustld website, online services, social media platforms and other applications (each a “Site”), you accept these Terms. Certain features, products, and services may be subject to additional terms and conditions presented elsewhere. By using this Site, you agree to accept these Terms, that you are of legal age to form a contract or have obtained the necessary parental or guardian consent to do so. If you do not agree to the Terms, you may not use the Site. We reserve the right to amend these Terms without notice, though we will include the last revision date.
1.0 Overview: Bustld is a community and marketplace website for the wedding industry that includes prospective couples (“Couples”), and companies and other third parties offering products and services for weddings (“Creative Teams”). Collectively Couples and Creative Teams shall be known as (“Users”). Bustld is not a wedding product or service provider, wedding vendor, or an agent or representative of any User. We have no control over the accuracy of listings on our Services page or any actual knowledge of the ability of Creative Teams to provide such items or services. We are not involved in, or a party to, any interaction or transaction that may occur between Users. We do not attempt to confirm, and do not confirm, any User’s purported identity. We do not investigate any User’s reputation, conduct, morality, and criminal background, or verify the information that any User submits to the Site.
2.1 If you are a Couple you acknowledge and agree that: (i) we do not provide any of the products or services advertised or offered by Creative Teams; (ii) we do not endorse any Creative Team, nor do we guarantee the quality of their goods or services; (iii) any and all communications (verbal or written), correspondence , or any warranties or representations, made with regard to products and services identified through the Services page are not provided by us and are specifically and exclusively between you and the Creative Team; (iv) any transaction you enter into with a Creative Team is strictly between you and the Creative Team, and we are not a party to that transaction; (v) any dispute you have with a Creative Team is between you and the Creative Team, and we will not be a party to that dispute; and (vi) you consent as part of the Bustld Rating (Section 5.1) to be anonymously rated by Creative Teams you review.
Our Services include the display of Reviews (defined below) to help you evaluate Creative Teams with whom you are considering transacting business, but we do not and cannot guarantee that information provided by or about Creative Teams on the Site is accurate (including in Reviews). You should use Bustld as a starting point for identifying Creative Teams to provide the products and services you need for your wedding, and then conduct your own research to ensure that the Creative Teams you choose to do business with are appropriate for you.
2.2 If you are a Creative Team, you acknowledge and agree that:
2.2.1 We will not endorse you or your products or services;
2.2.2 We are in no way responsible for assisting you in reaching an agreement with Couples;
2.2.3 We are not responsible for assisting you in providing goods and services to Couples;
2.2.4 While all Couples are required to give us accurate information about themselves, we cannot and will not verify this information;
2.2.5 Any transaction you enter into with a Couple is strictly between you and the Couple, and we are not a party to that transaction;
2.2.6 Any dispute you have with a Couple is between you and the Couple, and we will not be a party to that dispute.
2.2.7 You are solely responsible for complying with all applicable laws, rules, regulations and local ordinances, including without limitation, necessary permits, or other taxes and payments which may be applicable to jobs (collectively, “Regulations”).
2.2.8 You are solely responsible for your jobs and agree to indemnify, defend and hold harmless Bustld from any claims, suits, losses, damages, costs and expenses (including reasonable attorneys’ fees) relating to or arising from your jobs, including any violation of any Regulations, or other taxes and payments which may be applicable to your job.
2.3 Prohibited Actions: Couples and Creative Teams using the Site may not:
When posting to the Site, such as Reviews, Profiles or other submitted content, you may not:
2.4 Right to Remove Users: We reserve the right to remove or reject Couples or Creative Teams for any reason, including but not limited to, violations of these Terms, unpaid fees, inappropriate use of the Site and harassment of other users.
3.0 Fees: There are no minimum fees to join Bustld for Couples or Creative Teams. Paid Premium Services are available but not required to use the Site. Premium Services and fees will be outlined in a separate required vendor contract. Typically, fees are charged in advance for Premium Services using the customer’s selected Payment Method (Section 3.1). Following the end of the initial contract term the subscription will automatically renew on a month-to-month term. We require a minimum of 30 days written notice to terminate the contract following the completion of the term. We reserve the right to change fees, the fee structure and create or remove any services.
3.1 Payment Method: Currently the only accepted Payment Method is by credit or debit card, but this is subject to change at our sole and absolute discretion. We will process the customer’s chosen Payment Method at the beginning of each billing cycle as stated in the vendor contract. If the customer would like to change their Payment Method, we require at least 7 days’ written notice to make the change.
3.2 Authorization to Credit/Debit Accounts: You authorize Bustld to charge your preferred payment method for services outlined in the agreed upon contract and terms and conditions and any other subsequent amendments or schedules that may apply. You agree to update Bustld of any changes in Payment Method resulting from new accounts or expired credit or debit cards. In the event of an auto-renewal, you agree to allow Bustld to charge your Payment Method until we either enter a new contract or until you terminate the agreement in writing. We reserve all rights to pursue or recoup unpaid balances that are agreed upon in the vendor contract. In the circumstance where Bustld has charged you by mistake, please reach out to firstname.lastname@example.org within 90 days of the charge. Refunds will not be provided following the 90-day period.
4.0 Content: You acknowledge and agree that the information, data, text, software, sound, photographs, videos, logos, graphics, messages, and other materials (“Content”) accessible through the Site is the responsibility of the party who created or provided the Content. You are responsible for all uploaded, posted, emailed, and any other provided Content, not us. You will ensure you have the right to add any Content you might provide. By submitting Content, you expressly acknowledge and agree to the following: (i) you are the owner, with all rights to any and all communication, content and/or information that you post on the Site; or (ii) you are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such Content. You further represent and warrant that all persons and entities connected with the Content, and all other persons and entities whose names, voices, photographs, likenesses, works, services and materials have been used in the Content or its exploitation, have authorized the use of their names, voices, photographs, likenesses, performances, and biographical data in connection with the advertising, promotion, trade and other exploitation of the Content and the rights granted herein. By posting to the Site, you are responsible for the accuracy of the Content (Reviews, storefront details, etc.), not us.
4.1 License to Your Content: You grant to us a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such Content in any form, media, technology or any other way. You warrant and represent that the owner of the Content has completely waived any and all copyrights or intellectual property rights that would prohibit you from submitting Content on the Site.
5.0 Reviews: Our Reviews will include a Couple’s overall opinion of the Creative Teams they worked with throughout the wedding process. As part of the Review process, we will not make comments or remove posts, whether they are positive, neutral or negative in nature. However we reserve the right to remove Reviews if any of the below criteria are met:
5.1 Bustld Rating: The Bustld Rating is an objective score made up of multiple components designed to provide an unbiased and honest assessment of a Creative Team. All components will be kept anonymous and only the overall score, not the individual score for each wedding, will be displayed in the Creative Team’s storefront.
6.0 Intellectual Property: The Site contains or uses copyrighted material, inventions, know how, potentially patentable business method material, design logos, phrases, names, logos, code and/or other computer code and/or scripts (collectively "Intellectual Property Content"), all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property, and we retain all applicable rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of this Site, including but not limited to its color combinations, sounds, layouts and designs. You agree and acknowledge that your use of this Site does not give you any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, including but not limited to submitted Content contributed by you or any other Member, or use our Intellectual Property Content in any other way for public or commercial purposes. All other trademarks, service marks and copyrights are held by their rightful owners. You may not frame or link to the Site without our prior written permission. Unless otherwise agreed to in writing, you agree that no right, property, license, permission or interest of any kind in is intended to be given or transferred to or acquired by you pursuant to the execution, performance or non-performance of these Terms or any part thereof.
7.0 Feedback: You agree that we may use any ideas, suggestions, documents or proposals that you submit to us in any form at no cost. You grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub- licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Site.
8.0 Copyright Infringement: By using this Site, you certify you will not infringe on any third party’s copyrighted material including that of Couples, Creative Teams, Bustld or any other individual or entity. You will also not remove or destroy any copyright notices or proprietary labels within the Site. Any violation of this clause shall result in removal from the Site and possible legal action. If you believe any materials or Content accessible on or from the Site infringe your copyright, you may request removal of those materials from the Site by submitting written notification to our Copyright Agent (designated below). 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 the following:
Please send all notices to email@example.com.
10.0 Indemnification You agree to indemnify, defend and hold us and our affiliates, and our respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use of the Site, your submissions to the Site, or any violation of these Terms, or applicable law, by you or by someone accessing the Site via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms and the termination of your use of the Site.
11.0 No Warranty: BUSTLD, OUR EMPLOYEES, AND OUR SUPPLIERS PROVIDE THE SITE AND THE SERVICES THEREON "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESSED, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BUSTLD FURTHER DOES NOT WARRANT THAT THIS SITE OR ANY INFORMATION, SERVICES OR TOOLS OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, COMPLETE OR CURRENT, OR WILL GIVE ACCURATE, COMPLETE OR CURRENT RESULTS; THAT OPERATION OF THE SITE, INCLUDING TOOLS OR OTHER SERVICES OFFERED ON THE SITE, WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY ERRORS ON THE SITE WILL BE CORRECTED. BUSTLD DOES NOT REPRESENT OR WARRANT THAT DATA YOU STORE ON THE SITE (FOR EXAMPLE, IN CONNECTION WITH TOOLS) WILL BE SECURE, AVAILABLE OR PRESERVED. BUSTLD DOES NOT REPRESENT OR WARRANT THAT ALL TOOLS OR OTHER SERVICES ON THE SITE WILL CONTINUE TO BE OFFERED.
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THE SITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THE SITE, WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE SITE, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC SITE FEATURE OR SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
13.0 Links: This Site may contain links to other sites which are provided solely as a convenience to you, or which are provided by other Users. We are not responsible for the availability of external sites or resources linked to the Site, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and such third-party sites are strictly between you and the third party and are not our responsibility. Because we are not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours.
14.0 Arbitration: Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (AAA). The number of arbitrators shall be one. The place of arbitration shall be Mecklenburg County, North Carolina. North Carolina law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding North Carolina selection of an arbitrator be in effect, the User shall select an arbitrator from a panel of arbitrators acceptable to Bustld. In any arbitration, the parties shall split the cost of the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore.
Any judgment upon an award rendered by the arbitrators may be entered in any court of competent jurisdiction in Mecklenburg County, North Carolina. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTION LAWSUITS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using our goods and services or the Site, you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Bustld, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state courts sitting in Mecklenburg County, North Carolina and federal courts sitting in Mecklenburg County, North Carolina. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys' fees.
15.0 Governing Law: By visiting or using the Site, you agree that the laws of the State of North Carolina, without regard to principles of conflict of laws of any state or jurisdiction, will govern these Terms and any dispute of any sort that might arise between you and us. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Mecklenburg County, North Carolina, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to, venue and jurisdiction in the state and federal courts of Mecklenburg County, North Carolina.