These Terms of Service (“Terms”) constitute a legally-binding agreement between you and Wedit LLC, a Michigan limited liability company (“Wedit,” “we,” or “us”). These Terms contain the terms and conditions upon which we will provide you with the services described below (“Services”). By purchasing, accessing, or using the Services, you agree to be bound by all of the provisions set forth in these Terms, including the provisions covering the use of Wedit.com (“Site”).
You represent that you are at least 18 years of age and are lawfully able to enter into a binding agreement.
2. Description of Services
Wedit’s camera rental Services include the following:
- Wedit provides customers with a “do-it-yourself” wedding videography service. We will rent to you cameras, chargers, and or USB’s (“Equipment”) for you and your guests to use at the wedding. After the wedding, you will send the Equipment back to us, we will host the wedding footage online at the Site, and you will have rights to access, and download, the wedding footage from the Site. The Equipment rental and rights provided to you by Wedit shall be in accordance with the fees set forth on the Site. Wedit will host your content for the period of time set forth on our Site and communicated to you at the time of purchase (“Hosting Period”). Footage will be hosted for one year and after said year will be deleted.
- Additionally, you may choose to obtain editing services from our network of experienced editors. However, such editing services are not included in the price of your original wedding videography services and are subject to separate fees as set forth on the Site.
Wedit’s USB/ Editing Services include the following:
- Wedit provides customers with a way to gather and host their wedding footage. We will rent to you USB’s and table tents (“Equipment”) for you and your guests to gather your wedding footage. After the wedding, you will send the Equipment back to us, we will host the wedding footage online at the Site, and you will have rights to access, and download, the wedding footage from the Site. The Equipment rental and rights provided to you by Wedit shall be in accordance with the fees set forth on the Site. Wedit will host your content for the period of time set forth on our Site and communicated to you at the time of purchase (“Hosting Period”). Footage will be hosted for one year and after said year will be deleted. Once all appropriate forms are completed our editors will create an edited video of your footage.
- Wedit retains all rights, title and interest in the Equipment we rent to you and you must return the Equipment to us after the wedding within the timeframe set forth on the Site. The failure to do so will result in additional fees charged to you as provided on the Site. If Equipment is not returned within two weeks of rental date conclusion, the card on file will be charged a $125.00 non refundable fee. If Equipment is returned unused, Wedit cannot be held responsible. If Equipment is return damaged or missing Wedit cannot be held responsible. You, at your sole expense, are responsible for the equipment, software, telecommunications connections and any other materials necessary to for you access the Site.
Unless the context requires otherwise, the term Services shall be deemed to include your access to and use of the Equipment and the Site.
3. Account Registration
In order to use the Services and obtain access to the wedding footage, you must provide us with your name, e-mail address, mailing address, credit card information, telephone number, and the date of your wedding. Wedit will use that information to create a username and password, which you will use to access your account.
You agree to: (i) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Site; and (ii) maintain the security of your password and identification. You are responsible for safeguarding and maintaining the secrecy of your password and identification at all times. You shall notify us promptly of any unauthorized use of your password and identification. You accept responsibility for all activities that occur under your account or password and such use shall be deemed to be use by you.
You agree to pay, and authorize Wedit to charge using your selected payment method, all fees associated with your purchase, access and use of the Services. The payment, shipping, and billing information you provide us with will be stored on Authorize.net.
When placing a reservation for a price as indicated by us, the remaining balance will be charged automatically 60 days before the wedding, unless you notify us otherwise. We will only cancel your order and you will only be entitled to a partial refund if you notify us of the cancellation at least 60 days before the wedding date. All packages are subject to a $50.00 non refundable deposit.
5. Use of the Services
In exchange for the applicable fees, Wedit grants you a limited, non-sublicensable, non-exclusive and revocable license during the Hosting Period to access the Site and make use of the applicable Services solely in accordance with, and subject to, these Terms and any of our other policies that may exist from time to time. Except as otherwise expressly permitted by these Terms, you may not: (i) collect, use, copy or distribute any portion of the Site; (ii) use the Service for any commercial use; (iii) alter, modify or otherwise make any derivative uses of any portion of the Site; (iv) use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of the Site; (v) circumvent, disable, or otherwise interfere with any of the security related features of the Site, or (vii) use the Site or any content therein other than for their intended purposes and in accordance with these Terms.
Without limiting the foregoing, you may not use, or instruct, help or permit others to use the Site or Services for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful or offensive. Such prohibited activities include, without limitation:
- Advertising, transmitting or otherwise making available or disseminating or promoting materials that are unlawfully pornographic or indecent.
- Sending, uploading, distributing or disseminating any defamatory, harassing, abusive, fraudulent, obscene or otherwise objectionable content.
- Engaging in activities that may be deceptive or harmful to others or to Wedit’s operations or reputation.
- Using, storing, disseminating or accessing content that infringes or misappropriates the intellectual property or proprietary rights of others.
- Wedit may, but is not obligated to, investigate any violation of these rules or misuse of the Site and Services. Wedit may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties and may cooperate with those entities or individuals to help with an investigation or prosecution of illegal conduct. Wedit may use or disclose any user information, personal information or network and systems information related to alleged violations of these rules to law enforcement officials, regulators or other appropriate third parties.
6. Disclaimer of Representations and Warranties
YOU AGREE THAT YOUR USE OF AND ACCESS TO THE SERVICES, EQUIPMENT AND SITE SHALL BE AT YOUR SOLE RISK AND THAT WEDIT PROVIDES THE SERVICES, EQUIPMENT AND SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WEDIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, EQUIPMENT AND SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION: (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE; AND (IV) THAT THE SERVICES, EQUIPMENT AND SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES.
7. Limitation of Liability
IN NO EVENT SHALL WEDIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS, OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, EQUIPMENT OF SITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, EQUIPMENT OR SITE EXCEED THE FEES PAID BY YOU TO US.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR ANY OFFERS MADE BY THIRD PARTIES THROUGH THE SITE, INCLUDING THE FAILURE OF VIDEO EDITORS TO MEET YOUR EXPECTATIONS OR DELIVER THEIR SERVICES. YOU RELEASE US FROM ANY LIABILITY ARISING FROM FAILURES OF THIS INFORMATION OR THESE SERVICES TO BE DELIVERED OR TO MEET YOUR EXPECTATIONS, OR FROM ANY FRAUDULENT, NEGLIGENT, OR OTHERWISE ACTIONABLE WRONGS COMMITTED BY THESE THIRD PARTIES.
WEDIT SHALL NOT BE LIABLE FOR, AND YOU WILL NOT BE ENTITLED TO A REFUND FOR, YOU OR YOUR GUEST’S FAILURE TO OPERATE THE EQUIPMENT PROPERLY.
8. Wedit’s Intellectual Property
Other than the content you provide to us that we host on our Site (as discussed below and for which you retain all of your ownership rights), all other content and other materials on the Site, including, but not limited to, the Wedit effects, our logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software and the selection and arrangement thereof are the property of Wedit or our licensors and are protected by applicable intellectual property laws. Therefore, you agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our Site, or the Site itself, without our prior written permission.
9. Your Content
Our website model is based on the uploading, editing, production and publication on the Site of content that you provide to us (i.e., your wedding footage). You understand that you are solely responsible for your own content and the consequences of submitting and publishing your content on the Site. You affirm, represent and warrant that you own or have the necessary licenses, rights, permissions and/or consents to publish such content.
By submitting your footage or other content to Wedit, you are granting Wedit a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content solely in connection with: (i) providing and promoting the Site and/or the Services; and/or (ii) exercising the rights granted in these Terms. Furthermore, you grant Wedit and its affiliates and sublicensees the right (but, not the obligation) to use the username that you submit in connection such content.
10. Digital Millennium Copyright Act (“DMCA”)
Wedit understands the value and importance of intellectual property rights and makes every effort to observe and respect the valid intellectual property rights of others. Wedit does not review all of the material posted on or submitted through the Site and has no responsibility for any content that you may find or access when using the Site or Services, or the Services provided on the Site. Wedit takes all concerns related to intellectual property seriously and it is Wedit’s policy, at its discretion and in appropriate circumstances, to cancel, disable or terminate any user’s account if such user infringes or appears to infringe the intellectual property rights of others
If you are a copyright owner (or an agent of a copyright owner) and believe that any content provided on the Site infringes upon your copyrights, you may submit a notification to us by providing our Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works provided on the Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Wedit to locate the material;
- Information reasonably sufficient to permit Wedit to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Wedit’s designated Copyright Agent to receive notifications of claimed infringement is:
|By Mail:||By E-Mail:|
29630 Orchard Lake Rd..
Farmington Hills, MI 48334
Due to information technology concerns, attachments cannot be accepted on notices sent via e-mail. Accordingly, any DMCA notification submitted electronically with an attachment will not be received or processed.
Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Wedit’s customer service at firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section 10, your DMCA notice may not be valid.
You will indemnify, defend and hold us and our, officers, directors, affiliates, subsidiaries, licensors, partners, licensees, consultants, contractors, agents, and employees (collectively, the “Indemnified Parties”) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney and expert fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action, or proceeding against an Indemnified Party, whether successful or not, resulting from or arising in connection with: (i) your use of the Site, and/or the Services; (ii) your conduct; (iii) any breach by you of these Terms (including, but not limited to, any breach of any of your representations or warranties); (iii) your infringement of a third party’s copyrighted material, trademark material or other intellectual property rights; and/or (iii) any content you upload to, posted on, created on, transmitted through or linked from the Site.
12. Choice of Law and Venue
These Terms are made and will be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflicts of law provisions. You and Wedit agree that the venue for any dispute, obligation or action of any kind arising under these Terms will be in the state or federal courts located in Michigan, and you and Wedit irrevocably consent to the exclusive jurisdiction of the state and federal courts of the State of Michigan for any dispute, obligation or action hereunder. YOU AND WEDIT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
13. Force Majeure
If the performance of the Services or any other of Wedit’s obligations under these Terms is prevented, restricted, interfered with or delayed (either totally or in part) by reason of any cause beyond our reasonable control (such as acts of God, disease, weather, war, terrorism, insurrection, civil strike, riots or power failure), then we shall be excused from such performance to the extent of such prevention, restriction, interference or delay.
14. Amendment To Terms; Changes to Service
We reserve the right to change or modify any provisions of these Terms, which govern your access and use the Services, at any time in our sole discretion. Any such changes or modifications will be effective immediately upon posting of the revisions on the Site. Your continued use of the Services following the posting of such changes or modifications constitutes your acceptance of the changes/modifications. Therefore, you should frequently review these Terms on the Site in order to understand the terms and conditions applicable to your use of the Services. If you do not agree to any changes or modifications to these Terms, your sole recourse is to stop using the Services.
15. Suspension, Limitation, and Termination
Notwithstanding any other provision to the contrary in these Terms, Wedit reserves the right, without liability to you, to suspend, limit, or terminate your access to the Site or use of the Services if you breach any provision included in these Terms.
These Terms, together with any policies referenced herein, constitute the entire agreement between you and Wedit concerning the Services (including the Equipment and the Site). These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Wedit without restriction. If any part of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and Wedit’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to these Terms. Provisions surviving these Terms or your use of the Services are those which on their face affect rights and obligations after termination or expiration, including, without limitation Sections 6, 7, 8, 11, and 12.
17. Shipping/Return Shipments
Wedit is not liable for stolen packages. Wedit will provide a prepaid shipping label to return the Equipment. You may use your own shipping carrier or purchase additional insurance, however Equipment must arrive back in the office by said return date. If packages are dropped off in a drop box we are not liable. We suggest using a physical UPS store. If package is never scanned into UPS’s system we are not liable. You are responsible for the Equipment until said Equipment arrives back in our office.