The Big Day 360 -Live Stream

Terms and Conditions

Terms and conditions

The wedding live-stream service is provided to you by The Big Day 360 on the terms and conditions set out below.

By using the link provided you agree to the following terms and conditions:

By requesting the live stream you acknowledge that your ceremony will be broadcast on the internet. You acknowledge that the service shall be for solely private and domestic purposes and not be used or permitted to be used for any commercial purpose or public showing.

You will be provided with a unique link to access the event. It is your responsibility to let your friends and families know how to access the web link for your ceremony together with the date and time. The Big Day 360 will not be responsible for doing this.

You should advise your guests to keep the link details confidential. The Big Day 360 accepts no responsibility for the link being shared more widely resulting in others being able to view the ceremony.

It is your responsibility to ensure that all guests attending in person are made aware that the ceremony will be broadcast via live stream and that they may appear in shot of the camera for all or part of the ceremony. 

It is the responsibility of you and your guests to ensure that they can access the weblink. It is recommended that all attendees test the link in advance of the event so that any issues can be rectified ahead of the ceremony. The Big Day 360 accepts no responsibility for any losses as a result of poor service which is due to external internet service providers, failure to access the web link or as a result of failure to provide the proper details for the link.

The Big Day 360 will take all reasonable steps to ensure that the webcam functions well throughout the livestream; however, no guarantee is given that audio/visual data delivered over the internet will be uninterrupted or error-free. The Big Day 360 will not be liable for any corruption to, delay in receiving or other defects relating to data dispatched over the internet.

The Big Day 360 excludes all liability for any loss of any kind whatsoever in consequence of the use of link save nothing in these terms shall affect The Big Day 360’s liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation nor any other liability which cannot be excluded or limited under English law.

This agreement shall be governed by English Law and the English Courts will have exclusive jurisdiction over any claim arising from, or related to the use of the link provided; these terms and conditions of use and any dispute or claim arising out of them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England. This agreement does not affect your statutory rights.

 Warranties and Liability

The Big Day 360 is not liable for any loss resulting from disruption of a webcast due to power outages, loss of Internet Connection, venue equipment failure or audio/video issues at the event location.

 The Big Day 360  cannot be held liable for any failure of the live stream or any other issues resulting from any disruption or non-availability of this requirement.

We warrant that we will use all due skill and care in providing you with the Service. Other than as expressly provided for in these terms and conditions no warranty, guarantee or other term relating to the provision of the Service whether implied by statute, common law or otherwise is given.

We shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any materials supplied by you to us or instructions supplied by you which are incomplete, incorrect, inaccurate or illegible, or arising from their late arrival or non-arrival, or any other fault of yours.

You agree to indemnify and hold us harmless for all liabilities, loss, claims and expenses that may arise from any breach of these terms and conditions by you, including any third party liabilities incurred by us.

Any claim that you may have against us must be notified to us in writing within 30 days of the event.

Payments:

A 100% Booking fee is required to reserve your event date. Refunds of Booking fees are applicable as in the next section below:

The Balance is payable in full on booking the event.

Cancellation Policy:

Event Dates are agreed in advance and confirmed by you. Where these dates are cancelled whether due to a request from you or due to any amendment by you that results in a cancellation the following charges will apply where the cancellation notice is given or is caused:

Cancellation Period Refunds/Penalties

30 business days or more before the event date Booking fee is fully refundable.

Between 30 and 15 business days before the event date 30% of the total paid is refunded.

15 business days or less before the event date 100% of the total paid amount is non refundable.

Our Copyright Policy

We operate a fair approach to copyright. All copyright vested in the media produced by us shall be assigned to you strictly subject to the following conditions:

a. Payment in full is received from you for all projects and all outstanding invoices;

b. You grant us a royalty free license to use all copyright in the media recorded by us for our own promotional purposes such as demos on our website or otherwise;

c. Our enforcement of the above conditions is subject to our adherence to the Storage Policy as outlined below.

Storage Policy

All media produced by us on your behalf will be delivered to you as follows:

All footage will be captured and stored on temporarily on our hard drives until we deliver the same to you on completion of all payments.

Recorded footage will be provided free of charge, unedited and exactly as captured, as an online link, as long as payment is made in full.

We will not provide any long-term storage over 6 months unless otherwise requested and we reserve the right to charge a storage fee for the same.

Assignment

We reserve the right to assign or sub-contract any or all of the rights and obligations under these terms and conditions without your further consent to such assignment or sub-contract.

Severance

If any provision of these terms and conditions (whether in part or in whole) is held by a Court or jurisdiction to be illegal, or unenforceable the parties shall agree to amend the relevant provision as shall be necessary to ensure its application and the remaining provisions of the Contract shall remain full force and effect.

Waiver

Any waiver by us of any breach of or any default under any provision of this agreement will not be deemed a waiver of any subsequent breach or default and will in no way affect the terms of this agreement.

1. Introduction

IMPORTANT, READ CAREFULLY: YOUR USE OF AND ACCESS TO THE WEBSITE AND PRODUCTS AND SERVICES AND ASSOCIATED SOFTWARE (COLLECTIVELY, THE "SERVICES") OF THE BIG DAY 360°. AND ITS AFFILIATES (“COMPANY”, “WE”, “OUR”, “US”, “THE BIG DAY 360°”) IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS, WHICH INCLUDE YOUR AGREEMENT TO ARBITRATE CLAIMS. PLEASE REVIEW THOROUGHLY BEFORE ACCEPTING.

BY CLICKING/CHECKING THE "I HAVE READ AND AGREE" BUTTON/BOX, ACCESSING THE THE BIG DAY 360° WEBSITE OR BY UTILIZING THE THE BIG DAY 360° SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL EXHIBITS, ORDER FORMS, AND INCORPORATED POLICIES (THE “AGREEMENT” OR “TOS”). THE THE BIG DAY 360° SERVICES ARE NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS OF SERVICE.

Our Privacy Policy also governs your use of our Services and explains how we collect, safeguard, and disclose information that results from your use of our web pages.

You’re not allowed to copy or modify our Services, any part of the Services, or our trademarks in any way. You’re not allowed to attempt to extract the source code of our software, and you also shouldn’t try to translate the software into other languages or make derivative versions. The software itself, the website itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, still belong to The Big Day 360°.

2. System requirement

The Big Day 360° reserves the right to make changes to the Services or to charge for the Services, at any time and for any reason. We will never charge you for the Services without making it very clear to you exactly what you’re paying for.

Our software stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the software secure. We, therefore, recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the The Big Day 360° won’t work properly or at all.

You should be aware that there are certain things that The Big Day 360° will not take responsibility for. Certain functions of the Services require compatible devices and Internet access. The connection can be Wi-Fi or provided by your mobile network provider, but The Big Day 360° cannot take responsibility for the Services not working at full functionality if you don’t have access to Internet, and you don’t have any of your data allowance left

With respect to The Big Day 360° ’s responsibility for your use of our software, when you’re using the Services, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. The Big Day 360° accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the software.

3. Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at [email protected].

Additionally, You understand and agree that The Big Day 360° may contact You via e-mail or otherwise with information relevant to Your use of the Services, regardless of whether You have opted out of receiving marketing communications or notices.

4. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. 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 of Service, Promotion rules will apply.

5. 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 Content that you post on or through Service, including its legality, reliability, and appropriateness.

By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

Under no circumstances will The Big Day 360° be liable in any way for any (a) Content that is transmitted or viewed while using the Services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. Although The Big Day 360° is not responsible for any Content, The Big Day 360° may delete any Content, at any time without notice to You, if The Big Day 360° becomes aware that it violates any provision of this Agreement, or any law. You retain copyright and any other rights You already hold in Content which You submit, post or display on or through, the Services.

You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

The Big Day 360° has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service is the property of The Big Day 360° or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

You are responsible for compliance with all recording laws. By using the Services, you are giving The Big Day 360° consent to store recordings for any or all The Big Day 360° events that you host or join, if such recordings are stored in our systems.

6. Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

0.1. In any way that violates any applicable national or international law or regulation.

0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

0.4. Use any device, software, or routine that interferes with the proper working of Service.

0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

0.8. Take any action that may damage or falsify Company rating.

0.9. Otherwise attempt to interfere with the proper working of Service.

7. Responsibility of end users

“End User” means an Event Host, a Stream Director or a Remote Guest who uses the Services.

You are responsible for the activities of all End Users who access or use the Services through your event invitation and you agree to ensure that any such End User will comply with the terms of this Agreement and any The Big Day 360° policies. The Big Day 360° assumes no responsibility or liability for violations. If You become aware of any violation of this Agreement in connection with use of the Services by any person, please contact The Big Day 360° at 360@The Big Day 360°.com. The Big Day 360° may investigate any complaints and violations that come to its attention and may take any (or no) action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or User profiles. Under no circumstances will The Big Day 360° be liable in any way for any data or other content viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.

8. Analytics

We may use third-party Service Providers to monitor and analyse the use of our Service.

9. No Use by Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

10. Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

11. Intellectual Property

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of The Big Day 360° and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of The Big Day 360°.

12. Copyright Policy

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

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, please submit your claim via email to 360@The Big Day 360°.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

13. Links To Other Websites

Our Service may contain links to third party web sites or services that are not owned or controlled by The Big Day 360°.

The Big Day 360° has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY 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 THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.

14. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

16. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

17. Governing Law

This agreement shall be governed by English Law and the English Courts will have exclusive jurisdiction over any claim arising from, or related to the use of the link provided; these terms and conditions of use and any dispute or claim arising out of them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England. This agreement does not affect your statutory rights.

18. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

19. Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

20. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

21. Contact Us

Please send your feedback, comments, requests for technical support by email: [email protected].