Terms And Conditions

Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site. Welcome to MyWeddingDressforSale.com™. MyWeddingDressforSale.com™ is an online listing service. We facilitate sales and purchase only and possess no retail store. All transactions through MyWeddingDressforSale.com™ are strictly confidential between the buyer and seller, as are the terms of the sale. MyWeddingDressforSale.com™ assumes no liability for any transaction that takes place between buyer and seller.

 

MyWeddingDressforSale.com™ is currently being provided free-of-charge to potential buyers. The terms "you", "your", and "yours" refer to the customer/purchaser utilizing our Site. The terms " MyWeddingDressforSale.com™", "we", "us", and "our" refer to MyWeddingDressforSale.com™. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. If you violate the terms of this Agreement you will have your access canceled and you may be permanently banned from using the Site and any interactive services. You should check these terms and conditions periodically. By using the Site after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you actually reviewed them.

 

LISTINGS

 

It is free to view listings if you are a potential buyer. Sellers of wedding dresses will be charged a $9.95 listing fee for each item they wish to post on the site. In addition, sellers have the option of posting for free using TrialPay. All fees are payable, in US dollars, upon your initial listing and is not refundable once an item has been posted to MyWeddingDressforSale.com™, regardless of whether you sell your item(s). MyWeddingDressforSale.com™ makes no guarantee that your item will sell. All postings are for unlimited listings, either until dress sells or seller decides they wish to take dress posting down.

 

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).

 

MyWeddingDressforSale.com™ reserves the right to adjust listing and other prices in its sole discretion.

 

MyWeddingDressforSale.com Dress Purchases

 

If a seller lists a dress on MyWeddingDressforSale.com and that dress doesn´t sell within 6-months of listing, MyWeddingDressforSale.com may decide to purchase dress from buyer and resell to our network of potential buyers directly. MyWeddingDressforSale.com makes no claim that we will purchase any sellers dress after initial 6-month period without dress becoming sold on our network. In the event that MyWeddingDressforSale.com decides to purchase dress, an offer will be made based on available supply and demand of dress and other factors at the sole discretion of MyWeddingDressforSale.com. Offers will be made to sellers in the event MyWeddingDressforSale.com seeks to purchase wedding dress(s) from applicable sellers. If sellers decide they do not wish to sell at offered price, they may continue to list dress on network for an unlimited time until dress sales directly from our network.

 

 

Updated Terms of Agreement as of October 1, 2010

 

As of October 1, 2010, MyWeddingDressforSale.com will discontinue its Sales Guarantee feature. All premium users will be transitioned into new premium features at a time determined by MyWeddingDressforSale.com. MyWeddingDressforSale.com is under no obligation to return posting fees or provide offers for dresses from users under the previous Sales Guarantee program.

 

SellMyDress™ Premium Membership

 

Registered users who sign up for the SellMyDress Premium Membership will have their dresses directly promoted to retail buyers by agents of MyWeddingDressforSale.com. MyWeddingDressforSale.com offers a 30-day Trial period for new users who sign up for the SellMyDress Premium Membership. This trial period comes with a money back guarantee of the $19.95 fee. Refunds will only be administered upon the written request of registered users. All cancellation and refund requests must be made within 48-hours of 30-day membership date to be eligible for full refund. If a request is not made for a refund, MyWeddingDressforSale will transition users into a full SellMyDress Premium Membership until users dress(s) are sold and no refunds will be administered at that time. Any Refunds that are processed by users who request such during the applicable time period may take between 10-14 business days to process. All registered users and SellMyDress Membership participants acknowledge their acceptance of the above terms and conditions.

 

Copyright

 

You acknowledge that the Site contains information, data, photographs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. 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 propriety 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.

 

Intellectual Property Infringement

 

MyWeddingDressforSale.com™ relies upon a network of independent Associates and vendors who supply some of the goods advertised on the site and ship them directly to our customers. MyWeddingDressforSale.com™ is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Site, or items advertised on the Site, by its Associates. 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.

 

Trademarks

 

All trademarks, service marks and trade names of MyWeddingDressforSale.com™ used in the site are trademarks or registered trademarks of MyWeddingDressforSale.com™. MyWeddingDressforSale.com™ trademarks and trade dress may not be used in connection with any product or service that is not MyWeddingDressforSale.com™, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MyWeddingDressforSale.com™ .All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MyWeddingDressforSale.com™.

 

Content

 

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.

 

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 MyWeddingDressforSale.com™ listings. You may not use catalog content in a way that infringes or violates anyone´s proprietary rights.

 

Usage Policy:

 

While using MyWeddingDressforSale.com™, you will not: post content or items in an inappropriate category or areas on our sites and services; post brand new items that aren't discounted by at least 20% or more violate any laws, third party rights, or MyWeddingDressforSale.com™ policy; use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites; 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; fail to deliver items purchased from you, unless the Buyer fails to meet the posted terms, or you cannot authenticate the Buyer'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 MyWeddingDressforSale.com™ 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 MyWeddingDressforSale.com™, or the interests or property of MyWeddingDressforSale.com™ users; copy, modify, or distribute content from the Sites and MyWeddingDressforSale.com™'s copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent.

 

You agree to use MyWeddingDressforSale.com™ only for lawful purposes. You are prohibited from posting on or transmitting through MyWeddingDressforSale.com™ any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat or online review), MyWeddingDressforSale.com™ may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate MyWeddingDressforSale.com™; or (iii) to protect the rights or property of MyWeddingDressforSale.com™, its Associates, and you.

 

We reserve the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be unlawful or harmful to you, MyWeddingDressforSale.com™, the communities that make up MyWeddingDressforSale.com™, or any rights of MyWeddingDressforSale.com™ or any third party. Notwithstanding the foregoing, neither MyWeddingDressforSale.com™ nor its Associates can ensure prompt removal of questionable Content after online posting. Accordingly, neither MyWeddingDressforSale.com™, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Associates assumes any liability for any action or inaction with respect to conduct, communication, or Content on MyWeddingDressforSale.com™

 

Termination of Usage

 

We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, Associates, or MyWeddingDressforSale.com™. In addition, we reserve the right to refuse an order from any customer at our sole discretion.

 

Warranty Disclaimer

 

You expressly agree that use of MyWeddingDressforSale.com™ is entirely at your own risk. Items purchased and sold via the Site are provided on an "as is" or "as available" basis. To the fullest extent permissible pursuant to applicable law, MyWeddingDressforSale.com™ disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights. MyWeddingDressforSale.com™ does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. MyWeddingDressforSale.com™ disclaims any warranties, express or implied, regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

 

Limitations of Liability

 

Under no circumstances shall MyWeddingDressforSale.com™ or its Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to 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 MyWeddingDressforSale.com™ records, programs or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence, or other tortious action, even if an authorized representative of MyWeddingDressforSale.com™ 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.

 

Applicable law

 

By visiting the Site, you agree that the laws of the State of Tennessee, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and MyWeddingDressforSale.com™ or its affiliates and subsidiaries.

 

Disputes

 

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 Memphis, Tennessee except that, to the extent you have in any manner violated or threatened to violate MyWeddingDressforSale.com™´s intellectual property rights, MyWeddingDressforSale.com™ may seek injunctive or other appropriate relief in any state or federal court in the State of Tennessee, 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.

 

DISPUTES BETWEEN SELLERS/VENDORS AND CUSTOMERS/PURCHASERS

 

Any disputes in connection with merchandise between any Seller or Vendor and any Customer, remain solely between said Seller or Vendor and said Customer. You acknowledge that MyWeddingDressforSale.comTM will not be a party to any such dispute. MyWeddingDressforSale.comTM will not be obligated to take any other action or refrain from taking any other action toward resolving any such dispute.

 

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).

 

Indemnification

 

You agree to indemnify, defend, and hold harmless MyWeddingDressforSale.com™, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

 

Third-Party Links

 

In an attempt to provide increased value to our visitors, MyWeddingDressforSale.com™ may link to sites operated by third parties. However, even if the third party is affiliated with MyWeddingDressforSale.com™, MyWeddingDressforSale.com™ has no control over these linked sites, all of which have separate privacy and data collection practices, independent of MyWeddingDressforSale.com™. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, MyWeddingDressforSale.com™ seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

 

Contact

MyWeddingDressforSale.com™ can be reached as follows

By mail:

Attention Customer Service

8430 Shady Elm Dr.

Cordova, TN 38018

By email:

info@MyWeddingDressforSale.com.com

T&C REVISED AND UPDATED AS OF 2/15/10