Terms of Service
At Wedtron our goal is to make weddings and events better, by making them more interactive and participatory. So many parties are celebrations that we host to remember the milestones of our lives. They often bring together friendly strangers who share the community where the hosts are the connectors. But because parties bring strangers together, we hope to create tools that help those strangers leave as friends. We hope you love our services and that you and your guests enjoy using them.
By purchasing a product from Wedtron, you acknowledge that you accept these Terms of Service (“Terms”) that describe our commitments to you and it also describes your obligations when using our services. Please read them carefully and reach out to us if you have any questions.
These terms of service cover the following high level area:
- What we offer
- What you and your guests are responsible for
- You and your responsibilities concerning content.
- Cancellation policies
- Technical support available when applicable
- Warrantees and Guarantees
Acknowledgement: These Terms of Service utilize the Terms that the company Automattic has created and generously made available for others to build on. We have done our best to modify them to be applicable for the services that Wedtron offers. Wedtron is offering these terms to others who would like to use them as a template so . we’ve decided to make these Terms available under a Creative Commons Sharealike license that Automattic has used.. You can grab a copy of these Terms and other legal documents on our website. You’re more than welcome to copy them, adapt them, and repurpose them for your own use. Just make sure to revise the language so that your Terms reflect your actual practices. Also, if you do use these Terms, we’d appreciate that you credit and link to Automattic somewhere on your website.
Terms of Service
Updated: June 4, 2020
These Terms govern your access to and use of Wedtron, as well as all content and Wedtron products and services (for example, ecommerce services as outlined below in Section 7 available at or through the website, Wedtron mobile applications, Wedtron telecommunications services (collectively, “Services”). These Terms also apply to those who contract the use of Wedtron Services (“Customer”) and those who use the contracted service as provided by Customer collectively referred to as Guests (“Guests”). These Terms also govern visitors’ access to and use of any Customers that use our Services, such as telecommunication messaging services operated by Wedtron that are operated by our Customers.
Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity.
What we offer
The primary offering of Wedtron is the Wedtron photo sharing service. This service is comprised of:
- A dedicated mobile phone number that is configured to receive text messages and photo messages for a specific date. The number of guests senders and messages permitted is dependent on the subscribed package. The phone number may be deactivated 3 days after the established date of the event. Wedtron will reasonably work with customer to find an agreeable available U.S. based phone number.
- An account code that can be used with the “Wedtron Viewer” application
- Up to 25 simultaneous operations of the “Wedtron Viewer” applications
- Within five days after the event, Wedtron will send a digital archive of collected photos and messages to the purchasing customer via electronic delivery mechanisms. Wedtron will delete photos associated with an event within 60 days after the event is held.
- Wedtron will not distribute phone number information to anyone beyond the host and any legal authorities if legally obligated.
Customer and Guests responsibilities
Customer of the Wedtron acknowledges the following:
- Customer and Guests are aware that mobile data communication charges for sending and receiving messages to the Wedtron Service are the responsibility of the Customer and their guests. Those charges are determined and set by customer and guests telecommunication providers. Standard rates apply, including, but not limited to SMS/MMS and data charges associated with sending and receiving messages A Guest (“Guest”) is defined as any individual that has obtained the phone number for the event and sent a message to that phone number.
- Customer acknowledges that Wedtron will provide a digital copy of submitted photos at the resolution at which the Guest sent photo was received by Wedtron communications partners. Telecommunications providers in the course of sending photo and video messages may reduce or alter the resolution of the image in the process of delivering the message.
- Customer acknowledges the ability for Guests to share photos and messages is dependent on telecommunication wireless coverage at the event location. Customer is responsible for purchasing Wedtron photo viewing service with the knowledge that telecommunications coverage is sufficient subject to Wedtron Cancellation policies.
- Customer is responsible for establishing connectivity between tablets running the wedtron viewer and the internet in order for successful operation of the Wedtron photo viewing service.
- Customer is responsible for publishing the preconfigured private phone number with appropriate discretion. Customer acknowledges that widely publishing Customer’s allocated Wedtron Photo Sharing phone number may lead to receiving unsolicited messages and photos.
Customer and Guest responsibilities concerning content.
Due to the nature of the content originating from Customer and Guests. The following acknowledgements are in effect by using the Wedtron service:
- Guest asserts that Guest has the copyright and/or permission to submit photos and other content to the Wedtron photo sharing service..
- Guest grants Wedtron the right to provide host/”Customer” of the event a copy of any content submitted to the Wedtron service and their associated phone number information. Host is defined as the Customer has purchased the Wedtron service.
Wedtron has not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to our Services by Customers and Guests or anyone else (“Content”) and are not responsible for any use or effects of such Content. So, for example:
- We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
- Guest who posts Content, comment on a website, or otherwise make (or allow any third party to make) Content available on our Services, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct.
- We disclaim any responsibility for any harm resulting from anyone’s use, purchase, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- Any Content offered for sale through any of our Services are the seller’s sole responsibility, and you agree that you will look solely to the seller for any damages that result from your purchase or use of Content.
- We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
- Please note that additional third party terms and conditions may apply to the downloading, copying, purchase, or use of Content.
We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites, mobile applications, and web pages that link to, or are linked from, Wedtron Photo Sharing Services. For example:
- We do not have any control over those websites and are not responsible for their contents or their use.
- The existence of a link to or from one of our Services does not represent or imply that we endorse such website.
- You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- We disclaim any responsibility for any harm resulting from non-Wedtron Services.
Copyright and DMCA Compliance
Wedtron does not publicly display images outside of the Wedtron Viewer or Moderation tools, therefore Wedtron is not subject to the Digital Millennium Copyright Act (“DMCA”). However, if notified of a potential violation Wedtron will mark suspected violating content as not to be displayed in the Wedtron Viewer within 7 days of the notice and notify the Customer of the copyright violation claim. It is the responsibility of the Customer to follow up as is necessary. Suspected violations can be reported to Wedtron by sending an email to email@example.com with the Subject “Suspected DMCA Violation” and providing the event phone number and description of the suspected content.
We will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the Customer and/or Guest is determined to be a repeat infringer of the copyrights or other intellectual property rights of Wedtron or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
The cancellation policy for the Wedtron Photo Sharing service is based on whether a phone number has been issued for your event. The date of the event is based on the original planned date, not any date changes made after the time of purchase.
Mobile Phone Number has NOT been reserved
- Cancellation is 90 days or more prior to event: 100% of purchase price refund
- Cancellation is 31 days - 89 days prior to event: 100% of purchase price - $50
- Cancellation of 30 days or less: Consult Phone Number has been reserved pricing.
Mobile Phone Number has been reserved
- Cancellation is 90 days or more prior to event: 100% of purchase price - $50 refunded
- Cancellation is 31 days - 89 days prior to event: 50% of purchase price refunded
- Cancellation of 30 days - 8 days prior to event: 25% of purchase price refunded.
- Cancellation of 7 days or less prior to event: No refund available.
Cancellation for non Wedtron Photo Service products and service, please consult product listing.
Disclaimer of Warranties
Our Services are provided “as is.” Wedtron and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Automattic, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain applications or services through, our Services at your own discretion and risk.
The Agreement does not transfer from Wedtron to you any Wedtron or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Wedtron. Wedtronand all other trademarks, service marks, graphics, and logos used in connection with Wedtron or our Services, are trademarks or registered trademarks of Wedtron or Wedtron licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Wedtron or third party trademarks.
For various reasons we may need to update these Terms of Service and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of Wedtron, or by the posting by Wedtron of a revised version. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. If you choose to stop using our service as a result of a change to these Terms of Service and your event date has not occurred, you are entitled to request a full refund of your purchase price and are not bound to the terms of the Cancellation that were in effect at time of purchase. Otherwise, your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your service event code or service phone number due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any Wedtron policy or is in any way harmful or objectionable, (iii) ask you to make some adjustments, restrict the resources your website uses, or terminate your Services, if we believe your website’s storage or bandwidth usage is out of hand and/or burdens our systems (which is rare and typically only occurs when clear abuse is occurring), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.
If you wish to terminate the Agreement or your use of Wedtron, you may simply discontinue in accordance with our cancellation policy outlined in the Terms of Service, or, if you are using a paid service, you may cancel at any time, subject to the Fees, Payment, and Renewal section in these Terms.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
General Representation and Warranty
You represent and warrant that your use of our Services:
- Will be in strict accordance with these Terms;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and the transmission of technical data exported from the United States or the country in which you reside);
- Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of any third party;
- Will not overburden Automattic’s systems, as determined by us in our sole discretion;
- Will not disclose sensitive personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network; and
- Will not be used to create, distribute, or enable material that is - or that facilitates or operates in conjunction with - malware, spyware, adware, or other malicious programs or code.
Jurisdiction and Applicable Law.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in San MateoFrancisco County, California.
Limitation of Liability
In no event will Wedtron, or its suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Wedtron under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Wedtron shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Wedtron, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement, Content that you post, and any ecommerce activities conducted through your or another user’s website.
The Agreement constitutes the entire agreement between Wedtron and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Automattic may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.