Service Terms

These Terms apply to On Air Weddings Website & On Air Database

1. Introduction

This is a legal agreement between you (a single end user) and On Air Weddings, its owners, officers, directors, shareholders, employees, agents, subsidiaries, and affiliates of any kind ("us," "we," or "the Company"). Please read this agreement carefully. Your access to On Air Weddings, all data on onairweddings.com, and any information provided through email or phone conversation (collectively, "the product") is subject to the terms, limitations, and exclusions outlined below.

2. Product

The Company offers a distinct Product:

"Data": This includes all data and information of any kind contained on https://www.onairweddings.com, and/or on https://www.onairdb.com, provided through email, phone conversations, automated submissions and parsing, or any other means, including reports, statistics, research, and other data (the "Product" or the "Data").

3. License

The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Product is licensed non-exclusively, not sold. By accessing and/or subscribing to On Air Database or purchasing a report or any other Data from On Air Weddings, you obtain a limited license to use the Product, subject to the terms of this agreement.

4. Single User or Delegate

Only individual people may obtain a license to the Product, and such license may only be used by that person. Licenses cannot be shared or transferred in any way. Companies and organizations must purchase a separate license for each person who needs access to the Product. However, you may purchase a license on behalf of someone at your company, and they may use the license as your delegate.

5. Data Use License

You may use licensed Data or other information from the Product for personal use, internal business use, internal business and marketing plans, and internal business and marketing plan presentations that are not presented to participants for a fee. Distribution and citing data (in any form, including but not limited to blogs, social networks, etc.) without written permission is restricted to single-sentence references, must be cited verbatim, properly credited to On Air Weddings, and must include a hyperlink to the Company's website.

6. Exclusive Access

You may not use Data or other information from the Product for any other purpose except those mentioned in this Terms without prior written permission from On Air Weddings.

7. Payment and Personal Data Processing

When you make a payment on On Air Weddings, we use Stripe, a secure and trusted third-party payment processor, to handle your transaction. Your payment information, including sensitive personal data such as credit card details, is processed and stored securely by Stripe. We do not have access to your complete payment details. Stripe's handling of your personal data is governed by their own Terms.

8. Initial Verification (Corporate Clients)

There may be an initial verification email sent to validate your access to this site or any affiliated site. After that, we only contact OPT-IN registered users via email with industry updates, special events, newsletters, survey participation requests, or other notices. All emails originate solely from us. You can OPT-OUT of these emails at any time by using the unsubscribe link contained in each email or by contacting us directly.

9. Termination

You can terminate your License(s) at any time. Termination at your direction will take effect at the end of the current paid period; you will not receive a refund of any monies paid to the Company before or after termination.

You agree that we can terminate your access and/or License(s) if you violate this agreement in any way without further explanation. Termination due to violations of these Service Terms will take effect automatically and immediately. Such automatic termination shall not preclude the Company from pursuing all available legal remedies, the rights to such legal remedies being specifically reserved.

10. Disclaimer

The Product is provided "as-is" and the Company disclaims any and all representations and/or warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement. The Company cannot guarantee and does not promise any specific results from the use of the Product or any data or information. The Company does not represent or warrant that content or data within the Product is accurate, complete, reliable, current, or error-free.

11. Limitation of Liability

In no event will the Company or its owners, officers, directors, shareholders, employees, agents, subsidiaries, and/or affiliates or others be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, or punitive damages, including but not limited to damages for any lost profits or lost data arising from your use of the Product or any of the data or information from the Product, even if the Company is aware or has been advised of the possibility of such possible harm. Notwithstanding anything to the contrary contained herein, the Company's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Company for the service/the Product/the Data at any time. You acknowledge that if no fees are paid to the Company, you shall be limited to injunctive relief only and shall not be entitled to damages of any kind from the Company, regardless of the cause of action.

12. Governing Law, Venue, and Jurisdiction

By using the Company's product, you agree to the following:

  • The laws of the State of Wyoming without regard to principles of conflict of laws shall govern any dispute over these Service Terms and/or any dispute between you and the Company arising from any use of the Company's product.
  • You agree not to commence or prosecute any action against the Company except in a state or federal court located in SheridanCounty, WY.
  • You consent to exclusive personal jurisdiction over you by the WY courts for any legal dispute between you and the Company arising from any use of the Company's product and/or arising from these Service Terms.
  • You agree that the exclusive venue for any legal dispute between you and the Company arising from any use of the Company's product and/or arising from these Service Terms shall be Sheridan, WY.
  • You waive all defenses of lack of personal jurisdiction in Wyoming and/or forum non conveniens in Sheridan, WY as to any legal dispute arising from any use of the Company's product and/or arising from these Service Terms.

13. Resolution of Disputes (Arbitration/Mediation)

The following terms governing the resolution of disputes shall survive any termination of this Agreement. Any dispute arising from this agreement shall be resolved as follows:

Notice of Dispute and Demand for Mediation: Any party may provide any other party with a written notice of dispute and demand for mediation at any time.

Mediation: Upon delivery of a notice of dispute and demand for mediation, unless otherwise agreed by all parties in writing, the parties shall participate in good faith in mediation before a mediator having experience in commercial disputes. Mediation shall occur within 60 days of service of the notice. The mediator shall be an attorney and/or retired judge to be agreed upon by the parties in Sheridan County, WY. If the parties or their representatives do not agree on a mediator within ten days of the notice, any party may send a letter to the presiding civil judge of the Wyoming Superior Court in and for the County of Sheridan requesting appointment of a mediator. The judge's appointment shall be final and not subject to any challenge or appeal. The parties shall share the mediator's costs evenly, except that in the event of a failed mediation and subsequent arbitration, the arbitrator shall award the prevailing party its mediator's fees and all other costs and expenses associated with mediation, including but not limited to attorney's fees and other professional fees.

Arbitration: In the event that the parties are unable to resolve their dispute through mediation, any party may proceed to file an arbitration claim. Arbitration shall be before a single arbitrator who shall be a retired judge to be agreed upon by the parties in Sheridan County, WY. If the parties or their representatives do not agree on an arbitrator within ten days of service of the claim, any party may send a letter to the presiding civil judge of the Wyoming Superior Court in and for the County of Sheridan requesting appointment of a retired judge to be appointed arbitrator. The arbitrator shall have plenary decision-making authority, including authority to decide whether any issue is subject to this arbitration provision. The arbitration shall be conducted in accordance with the Wyoming Rules of Civil Procedure applicable to civil actions in the Wyoming Superior Courts. The arbitrator's decision on all matters shall be final, binding, and non-appealable. An award in the arbitration may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall award reasonable attorney's fees, costs, and all other expenses to the substantially prevailing party.

Exclusive Venue: The exclusive venue and jurisdiction for mediation and arbitration for any dispute arising from this agreement shall be Sheridan County, WY. The parties waive any and all objections to venue and personal jurisdiction and stipulate to exclusive personal jurisdiction in the Wyoming Superior Court.

14. All Sales Final

Due to the nature of information provided in the Product, all sales are final. No refunds are provided in any scenario.

15. Notice of Change

Terms, conditions, and pricing are subject to change without notice. Any changes to these Service Terms will be posted online at onairweddings.com/service-terms.

By using our website, databases and/or services, you explicitly agree to these Terms.



Instagram, Facebook, Youtube, Pinterest

support@onairweddings.com

Privacy Policy, Service Terms

Ā©2024. On Air Weddings LLC.