Terms of Use

Last updated: May 04, 2015

These Terms of Use (“Terms”, “Terms of Use”) govern your relationship with http://www.eWedding.com website (eWedding) operated by Swing Industries, Inc. (“us”, “we”, or “our”).

Please read these Terms of Use carefully before using eWedding.

Your access to and use of eWedding is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use eWedding.

By accessing or using eWedding you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use eWedding.

Purchases

If you wish to purchase any service made available through eWedding (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card and your billing address.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.

Cancellation Policy

Canceling your subscription can be done at any time through your account. Just go to your Dashboard then Billing page and click the ‘Downgrade’ link. You will have to check the appropriate boxes and submit. Your account will be downgraded in real time and you will receive an email confirmation as well. Cancellations cannot be completed via email as the account owner has to login to verify they are the account holder. Only the account holder can cancel the account.

Refund Policy

We offer a 30 day satisfaction guarantee on Premium account upgrades from date of upgrade. Cancellation of your eWedding account is also completed at time of refund.

Refunds are not given on additional months subscription payments, only from the original upgrade date.

There are no refunds inferred or available on any eWedding website add-on services.

Domain Names

eWedding retains ownership of custom domain names chosen during upgrade to Premium account.

Domain names cannot be edited after selected and upgrade completed. New domain names can be registered for a fee of $25 for Premium accounts. Domain names for Free accounts can be registered for $25 per year.

If you require ownership of the domain name we can offer a domain transfer for a $37 fee. This requires you to create a free account at enomcentral.com so that the domain can be pushed to your account after successful payment. You will then be responsible for all technical setup and renewal fees. eWedding cannot aide in the management or cost of the domain once transferred.

Availability, Errors and Inaccuracies

In order to provide exceptional service, and accuracy, we regularly update the services on eWedding.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Despite our best efforts, the services available on eWedding may have an error regarding the price, be inaccurately described, or be unavailable.

We may experience delays in updating information on eWedding and in our advertising on other websites.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through eWedding may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Promotions may be available for a limited time.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to eWedding, including its legality, reliability, and appropriateness.

By posting Content to eWedding, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through eWedding. You retain any and all of your rights to any Content you submit, post or display on or through eWedding and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through eWedding does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.

You acknowledge that, by providing you with the ability to view and distribute user-generated content on eWedding, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on eWedding.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access eWedding and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on eWedding infringes the copyright or other intellectual property infringement (“Infringement”) of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through eWedding, you must submit your notice in writing to the attention of “Copyright Infringement” and include in your notice a detailed description of the alleged Infringement and submit at https://www.ewedding.com/contact-us.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

Intellectual Property

eWedding and all contents, including but not limited to text, images, graphics or code are the property of Swing Industries, Inc. and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of eWedding only for your own non-commercial use, or to place an order with Swing Industries, Inc.. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Swing Industries, Inc., eWedding.com, or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from eWedding.

Links To Other Web Sites

eWedding may contain links to third-party web sites or services that are not owned or controlled by Swing Industries, Inc..

Swing Industries, Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Swing Industries, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination, your right to use eWedding will immediately cease. If you wish to terminate your account, you may simply discontinue using eWedding by deleting your account through your website builders ‘Settings’ page.

Indemnification

You agree to indemnify, defend and hold harmless Swing Industries, Inc., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.

These include but are not limited to: (a) legal and accounting fees resulting from your use of eWedding; (b) your breach of any of these Terms; (c) anything you post on or upload to eWedding; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing eWedding using your account whether such access is obtained via fraudulent or illegal means.

Limitation Of Liability

Swing Industries, Inc., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of eWedding; (ii) your inability to access or use eWedding; (iii) any conduct or content of any third-party on or related to eWedding; (iiv) any content obtained from or through eWedding; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer And Non-Waiver of Rights

Swing Industries, Inc. makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of eWedding is at your sole risk. eWedding is provided on an “AS IS” and “AS AVAILABLE” basis. eWedding is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.

Swing Industries, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) eWedding will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) eWedding is free of viruses or other harmful components; or d) the results of using eWedding will meet your requirements.

If you breach any of these Terms and Swing Industries, Inc. chooses not to immediately act, or chooses not to act at all, Swing Industries, Inc. will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Swing Industries, Inc. does not waive any of its rights. Swing Industries, Inc. shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

Exclusions

As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.

Governing Law

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding eWedding.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use eWedding after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and eWedding.

Contact Us

If you have any questions about these Terms, please contact us. https://www.ewedding.com/contact-us