Terms and Conditions

Terms of use

The following terms and conditions govern all use of the weddingcaption.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Fotonetics LLC ("Fotonetics"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein (the "Agreement"). Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access our use the Website.

Your Account

To access some portions of the Website you are required to create an account. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Fotonetics may alter or remove any uploaded content that it considers inappropriate or unlawful. You must immediately notify Fotonetics of any unauthorized use of your account or any other breaches of security. You agree to indemnify Fotonetics from any damages, including attorney fees, resulting from the use of your account.

Paid Services

Fotonetics offers, through the Website, a photographic storage and display service. The service includes storage for your wedding related photos, including engagement and honeymoon photos, as well as methods to view and download the stored photos. By purchasing the service you agree to the following:

that you have accurately specified the date of your wedding
that you will either:
- download a copy of any images that you wish to keep before one year past the date of your wedding, or
- purchase an extended service agreement for an additional term of storage
that you permit others who have your album code to view and upload images to your album

Fotonetics guarantees that the service will operate during your wedding and reception, or we will offer you a full refund. Fotonetics does not guarantee that you will be able to access the service, and you agree that you are responsible for verifying that you have the necessary access to the service at your wedding or reception location. Fotonetics does not guarantee that the service will be operable at all times, only during your wedding and reception. We will perform maintenance and updates that may disrupt the availability of the Website.

Fees for the service are payable at the time that you order the service. Fees are not refundable except as provided by our guarantee.

Fotonetics may offer you services provided by third parties. If you make use of these services you agree to allow these third parties access to your album for the purpose of providing you the service. You also agree to abide by the term and conditions of the third party services. Fotonetics does not guarantee the services of any third party.

Limitation of Liability

Fotonetics liability under this Agreement is limited to the amount paid to Fotonetics by you. The foregoing shall not apply to the extent prohibited by applicable law.

Uploading Materials

By uploading materials to the Website you agree that:

you have the necessary rights to upload the content to the Website
the content uploaded does not advertise any service
the content does not contain any malware, including but not limited to viruses, worms or Trojan horses
Fotonetics has the right to remove any content that it considers inappropriate or unlawful
the content uploaded may be reproduced by others for personal use

Viewing Materials

Fotonetics cannot and does not review all materials uploaded to the Website, and therefore cannot be responsible for the content of materials uploaded to the Website. By viewing materials on the website you agree that you are above the age of 18, or are being supervised by an adult who is responsible for evaluating the materials before you view them.

Changes

Fotonetics reserves the right to modify this Agreement. It is your responsibility to check this Agreement when using the Website. Your continued use of the Website following the posting of an updated Agreement constitutes acceptance of those changes.

Copyright and Notification of Copyright Infringement

The images used in the Sample album are copyright Abigail Thompson, and used with permission. Materials uploaded to user albums are copyright the image up-loader, and used with permission. Copyright for logo's of third party services are owned by those service providers The Website, excluding the elements declared preceding, are copyright Fotonetics LLC.

Fotonetics is committed to complying with U.S. copyright laws, such as DMCA and other applicable laws, and requires all of its users to comply with these laws. If we receive a notice that content uploaded by you is claimed to be infringing, we will make a good-faith attempt to contact you so that they may make a counter notification, also in accordance with the DMCA.

Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws.

If you believe your copyright material is being used on the Website without permission, please notify the designated agent at:

Attn: Copyright Infringement Notification
Fotonetics LLC
279 Zandale Dr
Lexington, KY 40503

Your notice of alleged copyright infringement should include:

a description of how your copyrighted work or other intellectual property has been infringed;
where the infringing material is located on the Website (please provide a full URL to the material);
contact information where we can contact you and, if different, an e-mail address where the alleged infringing party can contact you;
a statement that you believe that the use of the material is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
a statement, under penalty of perjury, that the information in the notification is correct and that you are authorized to act on behalf of the owner of the right that is alleged to be infringed;
your signature;

You are responsible securing delivery of your notice via physical mail. You may wish to use a signature delivery method to insure that your message is received.

If you receive a notice that content you uploaded is claimed to be infringing, or material you upload has been taken down due to a copyright infringement notification you may file a counter notification with the designated agent at:

Attn: Copyright Infringement Counter Notification
Fotonetics LLC
279 Zandale Dr
Lexington, KY 40503

Your counter notification should include:

a description of the material that has been removed or to which access has been disabled;
a statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
your contact information;
a statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Fotonetics LLC may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;

You are responsible securing delivery of your notice via physical mail. You may wish to use a signature delivery method to insure that your message is received.

Please be advised that under the DMCA anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Fotonetics LLC, the alleged infringer and/or the affected copyright owner for any damages incurred in connection with the removal, blocking and/or replacement of allegedly infringing material.

Privacy

When using the Website we collect a variety of data. We collect the IP address of the computer accessing the Website, as well as information about how you are connecting to the Website. We also track what pages you view. If you are accessing a portion of the Website that requires an account we also collect other data to setup your account. Some of this data, but not your email address, will be used as part of the Website interface.

We use the information we collect in a variety of ways. We use the information you provide to, among other things, improve the Website, as part of the user interface of the Website, and to notify you about the service.

We categorize data into two types personally identifiable information and non-personally identifiable information. Personally identifiable information includes your name, email address, physical address, and phone number. Non-personally identifiable information includes your IP address, information about how you are connecting to the Website, and other information that is not directly linked to you.

We will release data we collect about you in in the following cases:

as required by law
to investigate or resolve abuse complaints
if necessary to defend legal claims against us

Not withstanding the above, except as presented in the Website user interface we will not share your personally identifiable information with others, with the exception of services that we may use. Services that we provide your personally identifiable information to will be under an agreement at least as restrictive as this one regarding the use of the information we provide them. We may also transfer your information in the case of the sale of Fotonetics LLC or the Wedding Caption business unit. In this case the purchaser will be bound by this Agreement.

For non-personally identifiable information we may share that information with third party service providers. These third party service providers may make use of cookies or other means to track your behavior across multiple websites.

Miscellaneous

By using the Website, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Kentucky, excluding its choice of law rules.

A waiver by either party of any term or condition of this 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 this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Fotonetics may assign its rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

This Agreement constitutes the entire agreement between Fotonetics and you.