Terms and Conditions

Terms and Conditions

(1) Introduction

These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

You must be at least 18 years of age to use our website. By using our website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

Our website uses cookies. By using our website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

(2) Credit

These website terms and conditions were created using a terms and conditions template from Website law.

(3) Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved. You may view download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

(a) republish material from this website (including republication on another website);

(b) sell, rent or sub-license material from the website;

(c) show any material from the website in public;

(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

(e) edit or otherwise modify any material on the website; or

(f) redistribute material from this website [except for content specifically and expressly made available for redistribution (such as our newsletter).  Where content is specifically made available for redistribution, it may only be redistributed for personal use.

(4) Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent.

(5) Restricted access

Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.

We may disable your user ID and password in our sole discretion without notice or explanation.

(6) User generated content and use of our Forum

(a) User generated content – in these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

Please note that slanderous or offensive discussions, or the use of profanity will not be tolerated in this forum and will result in you being removed as a participant.  By using this Forum you are agreeing to this Forum Policy outlined in these Terms and Conditions.

(b) Use of our Forum – Your Big Day.im does not accept responsibility for any loss, expense or liability that you may incur from using or relying on the information sourced from our online forum, or any responsibility for the accuracy of third-party content or links.

The comments published on our forum represent a wide range of views and interests of the participating individuals.  Statements made during online discussions are the personal opinions of the commentators and do not reflect those of Your Big Day.im, our sponsors or affiliations.

Your Big Day.im at all times and at its absolute discretion, reserves the right to remove offensive comments.

(c) Content Standards – when posting contributions to the Forum, you must comply with the spirit of the following standards as well as the letter. These standards apply to each part of any contribution as well as to its whole.

Contributions to the Forum must:

  • Be accurate (where they state facts);
  • Be genuinely held (where they state opinions); and
  • Comply with applicable law in the Isle of Man, UK and in any country from which they are posted.

Contributions to the Forum must not:

  • Be defamatory (a defamatory comment is one that may damage the reputation of a person or organisation);
  • Be in contempt of Court (i.e. your contribution must not contain anything that risks prejudicing current or forthcoming Court proceedings);
  • Be threatening, abusive, harassing or invasive of a person’s privacy;
  • Be sexist, racist, profane, blasphemous, homophobic or otherwise discriminatory and/or offensive;
  • Promote violence or advocate, condone or assist any unlawful act;
  • Describe violent intentions towards other people or organisations;
  • Be pornographic , sexually explicit, obscene or lewd;
  • Be used to impersonate any person or to misrepresent your identity;
  • Infringe any copyright, database right, trade mark or any other intellectual property, confidentiality or privacy rights of any person or organisation; or
  • Otherwise violate any law.

In addition, your contribution must not post a link to a website that contains, or directly links to, material that contravenes any of these standards. In particular, you must not post a link to:

  • Offensive material (pornographic, discriminatory or gratuitously violent); or
  • Unlawful material (such as material that condones or encourages unlawful acts, breaches intellectual property law or encourages others to do so, hacks or causes technical disruption to online services or describes how to conduct an unlawful act).

By submitting your contribution to the Forum you warrant that such contribution fulfils the above Content Standards.  You also agree to indemnify us against all legal fees, damages and other expenses that may be named by us as a result of your breach of this warranty.

(d) Forum etiquette – participants should treat each other with respect, recognising their right to freedom of opinion and expression.  Participants should also not use multiple logins. Anyone found continuing to use multiple logins after a warning from us will have their profiles suspended.

(e) Advertising, promotion and commerce within the Forum – advertisements, chain letters, pyramid schemes and solicitations are unacceptable entries on our discussion forum.  You may not use the discussion forums for commercial purposes or for making a profit or for a profitable venture.

(f) User generated audio-visual content – all user generated audio-visual content should conform to the following standards:

  • It should be a maximum of three minutes long;
  • If the content is made by someone else, you must have that person/organisation’s permission for it to be used on the Forum. Submission of the content to the Forum constitutes your acknowledgement that you possess all appropriate permissions;
  • Audio-visual content should comply with the Content Standards set out above;
    You should not endanger yourself or others in the making of your content;
  • Audio-visual content should not breach copyright. You should not make unauthorised use of trademarks, logos or any other protected content owned by a third-party. Unofficial use will disqualify your content from being shown;
  • You must get permission from the people you record. If you are recording children, get permission from their parents or guardians as well as them. Submission of content to the Forum constitutes your acknowledgement that you possess all appropriate permissions.

Contributors submitting media content to the Forum should not place themselves in danger while creating their material or expose themselves unnecessarily to unassessed and inappropriate risks.

(g) Forum Security – if you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.

We do not endorse and are not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material.

Users of the Forum must create and use a secure password and must not share this password with anyone else.

When using the Forum, please do not provide personal details, either your own or those of someone else.

Impersonation or adopting an inappropriate or offensive user name will not be accepted on the site.

Be aware at all times that this is a public site and anybody can read your entries.

Assume that what you publish on the Web is permanent. Anyone on the internet can easily print out a submission or save it to a computer.

We will determine, in our discretion, whether there has been a breach of this Policy. When a breach of this Policy has occurred we may take such action as we deem appropriate, which includes the immediate removal of any objectionable material, even in the absence of a complaint, without prior contact with you.

If you have breached this Policy you will receive an email warning. If you continue to breach the Policy after a second warning we will suspend your account.

If you believe that a posted message is objectionable or in breach of this Policy then please contact us on laura@yourbigday.im immediately. If a formal complaint is made against you, we reserve the right to suspend your account and only reinstate it if the complaint is resolved.

The responses described in this Policy are not limited and we may take other action we reasonable deem appropriate and reserve the right to suspend or terminate your account at any time.

(7) Limited warranties

We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(8) Limitations and exclusions of liability

Nothing in these terms and conditions will:

(a) limit or exclude our or your liability for death or personal injury resulting from negligence;

(b) limit or exclude our or your liability for fraud or fraudulent misrepresentation;

(c) limit any of our or your liabilities in any way that is not permitted under applicable law; or

(d) exclude any of our or your liabilities that may not be excluded under applicable law. The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (i) are subject to the preceding paragraph; and (ii) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

(9) Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

(10) Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

(11) Variation

We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.

(12) Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

(13) Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(14) Exclusion of third party rights

These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.

(15) Entire agreement

These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(16) Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Manx law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of the Isle of Man.