Listing Terms
The agreement between your business and Choudhry Enterprise LLC when you list on the Sealed directory. Creating a listing means accepting these.
Please read section 16. It requires most disputes to go to individual arbitration and gives up the right to a jury trial and to take part in a class action.
1. Who we are
Sealed is operated by Choudhry Enterprise LLC, of 10639 E Briarwood Ave, Centennial, CO 80112. Reach us at sealedinvites@gmail.com. In these terms, “we” and “us” means Choudhry Enterprise LLC together with its owners, officers, employees and contractors.
2. What a listing is, and what it is not
A listing is a page describing your business, shown to people planning a wedding or another celebration. We provide the page and the audience.
We are not a party to anything you agree with a couple. We do not take a commission on your bookings, we do not supply your services, we do not arrange, endorse, supervise or guarantee them, and we do not guarantee enquiries, bookings, traffic, placement or revenue of any kind.
You are an independent business. Nothing here makes us partners, joint venturers, employer and employee, or either of us the other’s agent. You have no authority to make any commitment on our behalf.
3. Eligibility
You confirm that you are at least eighteen, that you are authorised to enter this agreement for your business, and that neither you nor your business is barred from receiving services under any applicable law or sanctions list.
4. You are responsible for what your listing says
Everything on your listing is yours: your description, your prices, your capacity, your photographs and the answers you give to category questions. You confirm that it is accurate and not misleading, that you keep it accurate, and that you hold every licence, permit, registration and insurance your work requires.
Prices shown are indicative unless you say otherwise. If your prices change, update them. A couple who enquires on the strength of an out of date price is your matter to resolve, not ours.
You will not post anything unlawful, deceptive, defamatory, discriminatory, obscene, or that infringes anybody’s rights; you will not impersonate another business; you will not scrape the directory, interfere with it, or use it to send unsolicited marketing.
5. Photographs and other content
You keep ownership of everything you upload. You grant us a non-exclusive, worldwide, royalty-free, sublicensable licence to host, store, display, resize, reformat and reproduce it for the purpose of operating and promoting the directory, including in search results and on social media. That licence ends when the content is removed, except for copies already made in backups or by search engines, which we cannot recall.
You warrant that you own that content or have every right and permission needed to grant this licence, including from any photographer who holds the copyright and from any identifiable person shown. Wedding photographs are usually taken by a photographer who owns the copyright, and often show people who have a say in where their picture appears. If you did not take the photograph, make sure you are allowed to use it before you upload it.
6. Copyright complaints
If you believe something on Sealed infringes your copyright, write to sealedinvites@gmail.com with: what the work is, where it appears on our site, how to reach you, a statement that you believe in good faith the use is not authorised, and a statement that the information is accurate and that you are the owner or authorised to act for them.
We will look at it and may remove the content while we do. We will tell the business whose listing it was, and they may reply explaining why they are entitled to use it. We may remove listings, and the accounts behind them, where the same business does this repeatedly.
7. Enquiries and personal information
We pass enquiries to you by email and show them in your account. An enquiry contains personal information about a real person: their name, their email address, their event date. Use it only to respond to that enquiry. Do not add them to a mailing list, sell the data, or pass it to anybody else without their consent.
Once an enquiry reaches you, you are the controller of that information and you are responsible for handling it lawfully, including under any privacy or data protection law that applies to your business. You will indemnify us under section 14 for any claim arising from how you handle it.
We do not guarantee delivery of any message, and we are not responsible for an enquiry you do not receive, do not read, or do not answer.
8. Reviewing, publishing and removing listings
Every listing is reviewed by a person before it appears. We may decline to publish a listing, ask for changes, reorder or rank listings however we choose, or take a published listing down. We will normally tell you why and give you a chance to fix it, unless waiting would cause harm.
We may remove a listing immediately and without notice if it is fraudulent, unlawful, discriminatory, infringing, or if a business is misrepresenting who it is or what it sells. We are not liable to you for removing, declining or reordering a listing.
9. What “verified” means
A verified mark means somebody at Sealed has checked that the business exists and that the listing describes it. It is not an endorsement, an inspection, a background check, a guarantee of quality or safety, and it is not a check of your insurance, licences or safety record. We show couples the same explanation wherever the mark appears.
10. Using your name
While you are listed, you allow us to use your business name, logo and listing photographs to show and promote the directory itself. If you ask us to stop using them in our own marketing, we will, though your listing will still show them for as long as it is up.
11. Paying for a listing
Listing is free at the moment. If we start charging, we will tell you first and in good time, and businesses already listed will keep whatever we promised them when they joined.
If you do take a paid listing: fees are stated before you pay, charged through Stripe, exclusive of taxes unless stated, and renew automatically until cancelled. You can cancel at any time and your listing stays up until the end of the period you have paid for. We do not refund part-used periods except where the law requires it, or where we have taken your listing down for a reason that is our fault. A failed payment does not immediately remove your listing; we will contact you first.
12. Disputes with couples and other businesses
Any dealing between you and a couple, or between you and another listed business, is between you. We are not a party to it and have no responsibility for it.
You release us from all claims, demands and damages of every kind arising out of or connected with any such dispute, including anything to do with an event that did or did not happen, a payment between you and a couple, injury, property damage, or the conduct of anybody you met through the directory.
13. No warranties
THE DIRECTORY IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE DIRECTORY WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, THAT ANY LISTING WILL PRODUCE ENQUIRIES OR BOOKINGS, OR THAT ANY INFORMATION POSTED BY ANOTHER BUSINESS OR BY A COUPLE IS ACCURATE.
14. You cover claims that come from you
You will defend, indemnify and hold us harmless from any claim, demand, proceeding, loss, liability, damage, fine, cost and expense, including reasonable legal fees, arising out of or connected with: your listing or anything in it; any content you upload; your services or your dealings with any couple; your handling of personal information; your breach of these terms; or your violation of any law or of anybody’s rights.
We will tell you promptly about any claim we expect you to cover, and you will not settle anything that imposes an obligation on us without our written agreement. We may take over the defence of any claim at our own cost. This does not apply to the extent the claim is caused by our own gross negligence or wilful misconduct.
15. Limit of our liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST BOOKINGS, LOST REVENUE, LOST DATA, LOST GOODWILL OR BUSINESS INTERRUPTION, EVEN IF WE HAVE BEEN TOLD SUCH DAMAGES ARE POSSIBLE.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE DIRECTORY IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED US DOLLARS.
Nothing in these terms limits liability that cannot be limited by law, including for death or personal injury caused by negligence, or for fraud. Some jurisdictions do not allow the exclusion of certain warranties or damages, so parts of sections 13 and 15 may not apply to you; the rest still does.
16. Arbitration and no class actions
First, talk to us. Most things are settled by email. If we cannot settle it within thirty days of you writing to sealedinvites@gmail.com, this section applies.
Any dispute arising out of or relating to these terms or the directory will be resolved by final and binding individual arbitration, administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in the State of Colorado. The arbitrator decides all questions, including whether this section applies. Judgment on the award may be entered in any court with jurisdiction.
YOU AND WE ARE GIVING UP THE RIGHT TO A JURY TRIAL AND THE RIGHT TO BRING OR TAKE PART IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION. CLAIMS MAY ONLY BE BROUGHT INDIVIDUALLY.
Either of us may bring an individual claim in small claims court instead, and either of us may ask a court for an injunction to protect intellectual property or confidential information. If the class action waiver above is held unenforceable, this whole section 16 does not apply and disputes go to the courts named in section 18.
17. Time limit for claims
Any claim relating to the directory must be brought within one year after it arises, to the extent the law allows a shorter period to be agreed. Otherwise it is permanently barred.
18. Law and courts
These terms are governed by the laws of the State of Colorado, without regard to conflict of laws rules. Where section 16 does not apply, the state and federal courts of the State of Colorado have exclusive jurisdiction, and both of us consent to that.
19. Ending it
You can remove your listing whenever you like. We can end this agreement with reasonable notice, or immediately in the circumstances in section 8. When a listing ends, we stop showing it. We keep enquiry records for as long as we need them for our own legal and accounting purposes.
Sections 5 (the licence, for content we cannot recall), 7, 12, 13, 14, 15, 16, 17 and 18 survive the end of this agreement.
20. Changes
We may change these terms. If a change materially affects you, we will tell you before it takes effect. Continuing to list after that means accepting the change.
21. The rest
If any part of these terms is unenforceable, it is severed and the rest stands. If we do not enforce something straight away, we have not given up the right to. You may not assign this agreement without our written consent; we may assign it if our business is sold, and we will tell you. Neither of us is liable for a failure caused by something outside our reasonable control. Notices to you go to the email on your account; notices to us go to sealedinvites@gmail.com.
These terms, together with anything we agree with you in writing about your listing, are the whole agreement between us about the directory and replace anything said before it.