WeddingDonkey Terms of Service

By using weddingdonkey.com, weddingdonkey.co.nz, weddingdonkey.de, weddingdonkey.ch, weddingdonkey.at, dreamstartwedding.com, glamday.com, livedhappilyeverafter.com, wanna-marry.com, we-said-yes.com, wanna-marry.de, tauschenringe.de, hightime.ch, immerundewig.ch, traumstart.ch or happy-ending.ch web sites (hereinafter referred to as "Service"), all services of codeplant GmbH (hereinafter referred to as "WeddingDonkey"), you are agreeing to the following terms and conditions (hereinafter referred to as "Terms of Service").

WeddingDonkey reserves the right to revise the Terms of Service without notice. Any new features that enhance or augment the current Service shall be subject to the Terms of Service. Your continued use of the Service after any such changes constitutes acceptance of such changes. You can review the most current version of the Terms of Service at any time at:
http://weddingdonkey.com/terms.html

Violation of the Terms of Service will result in the termination or suspension of your account. While WeddingDonkey prohibits such conduct, you understand and agree that WeddingDonkey cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such content. You agree to use the Service at your own risk.

General Terms
  1. You understand that WeddingDonkey uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the Service.
  2. The Service is provided on an "as is" and "as available" basis.
  3. You must not modify, change or hack the Service or modify another website to imply that it is associated with the Service.
  4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service including the HTML, CSS and Javascript code unless WeddingDonkey has given you written permission to do so.
  5. WeddingDonkey may remove content and accounts containing content that WeddingDonkey considers as unlawful, offensive, threatening, pornographic or otherwise objectionable or violates any intellectual property, copyright laws or the Terms of Service.
  6. You agree that your content may be transferred unencrypted and involve transmissions over various networks.
  7. You must not transmit any code of a malicious nature, especially viruses or worms.
  8. WeddingDonkey does not guarantee that (a) the Service will meet your specific requirements, (b) the Service will run uninterrupted, secure or error free and (c) any errors in the Service will be corrected.
  9. You understand and agree that WeddingDonkey shall not be liable for any direct, indirect, incidental or consequencial damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if WeddingDonkey has been advised of the possibility of such damages), resulting from (a) the use or the inability to use the Service, (b) unauthorized access to or alteration of your transmissions or data, or (c) any other matter relating to the Service.
  10. Technical support is only available via email.
Account Terms
  1. You must be 18 years or older to create an account on the Service and you must agree that you are legally entitled to enter into the present contract in your country of origin.
  2. You agree that the content created or uploaded through your account shall be related to a specific wedding ceremony. WeddingDonkey reserves the right to terminate or disable your account if you are misusing the Service to create and publish content with another purpose, e.g. if the created website is used for advertisement to promote a service or product.
  3. You must provide a valid email address and any other information requested in order create an account.
  4. You agree that you have the needed and required rights and permissions, including but not limited to, copyrights, on all the content you create or upload through the Service.
  5. Your are responsible for all the content and activity that occurs under your account.
  6. Accounts registered by so called bots or other automated methods are not permitted.
  7. It is your own responsibility to prevent access the the Service through your username and password by anyone than yourself. WeddingDonkey cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  8. You may not use the Service for any illegal or unauthorized purpose. Your use of the Service must not violate any laws in your jurisdiction.
  9. You agree to comply with all legal requirements pertaining to the provision of contact details or any equivalent legislation in the country of use.
  10. If your monthly bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by WeddingDonkey) of other customers, WeddingDonkey reserves to right to immediately disable your account until you can reduce your bandwidth usage.
Payment, Refund, Upgrading and Downgrading Terms
  1. WeddingDonkey provides a free trial period of 30 days for all accounts.
  2. You do not need to provide a valid credit card during the free trial period.
  3. You choose a plan and provide a valid credit card during or at the end of the free trial period if you want to keep your account.
  4. A valid credit card is required for all accounts once the free trial period has ended.
  5. If you do not choose a plan after the free trial period your account will be disabled upon the expiration of the free trial period and will be terminated 7 days after the expiration date.
  6. If you choose a plan during or at the end of the free trial period, the trial period ends and your billing cycle starts immediately. You will be billed for your first billing cycle immediately after choosing a plan.
  7. The Service is billed in advance on the first day of your billing cycle. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. No exceptions will be made. However, you are eligible for a refund of the fee you paid for the first billing cycle if you cancel your account within 30 days after the end of the trial period. The refund will not happen automatically, you have to request it by contacting WeddingDonkey.
  8. There are two subscription types available: monthly subscription or annual subscription.
    Monthly subscription
    1. Your account will automatically be renewed at the end of your billing cycle unless you cancel your account before the end of your billing cycle.
    2. Upgrade or downgrade happens immediately, i.e. you enjoy more features and file storage space (upgrade) or have to cope with less features and file storage space (downgrade) immediately. Upgrading or downgrading starts a new billing cycle.
    3. Upgrading: When you upgrade your account during a billing cycle, you will be billed the new amount immediately and we will refund you the partial amount that you have not used in your last billing cycle. The refund will be subtracted from your first payment of your new plan.
    4. Downgrading: When you downgrade your account during a billing cycle, you will be billed the new amount immediately. No refund will be given on any payments that have already been processed related to your old subscription.
    5. Downgrading: You can only downgrade your account if your using only those features and your data is within the file storage space limits of your target plan. It is your responsibility to change your content and reduce your file storage space to meet these limitations before you downgrade.
    6. Downgrading your account may cause the loss of content, features or capacity of your account. WeddingDonkey does not accept any liability for such loss.
    Annual subscription
    1. The Service is billed in advance for 12 months on the first day of your billing cycle.
    2. Your account will automatically be renewed at the end of your billing cycle unless you cancel your account before the end of your billing cycle.
    3. Upgrading: When you upgrade your account during your first billing cycle, you will be billed the new amount immediately and we will refund you the partial amount that you have not used in your last billing cycle. The refund will be subtracted from your payment of your new plan. Upgrading does not extend your account runtime, i.e. the account expiration date stays the same.
    4. Downgrading: Downgrading annual accounts is not possible.
Cancellation and Termination Terms
  1. You are solely responsible for properly canceling your account. You can cancel your account at any time by clicking on the account button in the top navigation, then heading to the 'Subscription' subnavigation. An email or phone request to cancel your account is not considered cancellation.
  2. If you cancel your account before the end of your current billing cycle, your account will be fully functional until the end of the current billing cycle. You will not be charged again. There will be no refunds for partial billing cycles of service.
  3. All of your content will be immediately deleted from the Service upon cancellation and the end of the current billing cycle. This content cannot be recovered once your account is cancelled.
Prices and Modifications to the Service
  1. WeddingDonkey reserves the right at any time to modify or discontinue, temporarily or permanently, the Service with or without notice.
  2. Prices of the Service may be quoted in different currencies in different countries. Those prices do not necessarily reflect exact or current exchange rates.
  3. Prices of the Service are subject to change upon 14 days notice from us, either by listing those changes on the Service website or the WeddingDonkey website.
  4. WeddingDonkey shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
Content Ownership
  1. We do not claim intellectual property rights over any material you create or upload through the Service. However, by setting your pages to be public or shared, you agree to allow others to view and share your content.

Only Swiss law is applicable to the legal relationship between you and WeddingDonkey. The exclusive place of jurisdiction is Zurich.

The Terms of Service constitutes the entire agreement between you and WeddingDonkey and govern your use of the Service, superceding any prior agreements between you and WeddingDonkey (including, but not limited to, any prior versions of the Terms of Service).

The Service is provided by codeplant GmbH, CH-8630 Rüti, Switzerland.

If you have any questions about the Terms of Service, please do not hesitate to contact us.