THE AGREEMENT: The use of this website and services on this website provided by Social Butterfly 360, LLC (hereinafter referred to as “Website”) are subject to the following Terms & Conditions, all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “Website”) and any services provided by or on this Website (“Services”).

DEFINITIONS

“Agreement” denotes these Terms and Conditions and the Privacy Policy and other documents provided to you by the Website.

“We,” “us,” and “our” are references to SOCIALBUTTERFLY360.COM.

“User,” “You,” and “your” denotes the person who is accessing the website for taking or availing of any service from us. User shall include the company, partnership, sole trader, person, body corporate, or association taking services of this Website.

“Agreement”     Terms and Conditions and the confirmation email

“Service”            Supply of the photo booth hire at the event outlined in the confirmation email

“Booking Fee”   Fee agreed in the confirmation email for the Service

“Event”              Event date, location, and hire period specified in the confirmation email

” Website” shall mean and include socialbutterfly360.com and any successor Website of the Company or any of its affiliates.

Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.

Agreement to Terms & Conditions

PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE “TERMS”) CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT. FOR EXAMPLE, THE TERMS INCLUDE:

• YOUR OBLIGATION IS TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
• LIMITATIONS OF OUR LIABILITY TO YOU; AND

A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

YOUR ACCESS TO AND USE OF THE SERVICES ARE CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS. If you do not agree to these Terms or our Privacy Policy, then please cease using the Services immediately. We reserve the right to change these Terms at any time (see “Changes to these Terms” below.) By accessing, browsing, and/or using the Services after updates to these Terms have been posted, you agree to be bound by the updated Terms. THESE TERMS AND OUR PRIVACY POLICY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND SOCIAL BUTTERFLY 360, LLC.

1. By signing and returning a quotation from Social Butterfly 360, LLC that includes a reference to these Terms and Conditions.
2. Completing a purchase or rental order or request, or accepting a quote or estimate from Social Butterfly 360, LLC (each, an “Order”) for the purchase, rental, or licensing of Equipment or Services.
3. Paying a deposit or making a payment on one or more of the Equipment or Services.
4. enrolling in or utilizing one or more of the Equipment or Services; and
5. Accepting or receiving delivery, shipment, or performance of Equipment or Services from us.
6. By accepting these Terms and Conditions, you represent and warrant that you are at least 18 years old and, if accepting on behalf of a company or other legal entity, that you have the authority to bind that company or entity to these Terms and Conditions. If you or your company/entity cannot agree on any aspect of these Terms and Conditions, a separate written agreement outlining revised terms and conditions must be executed by Social Butterfly 360, LLC and you (or your company/entity) prior to entering any of the forms of acceptance listed above, or these Terms and Conditions will apply.
7. By accepting these Terms and Conditions, you acknowledge that Social Butterfly 360, LLC may modify or amend them at any time.

Orders, Prices, and Payment

All orders placed with Social Butterfly 360, LLC for Equipment or Services are subject to acceptance by Social Butterfly 360, LLC and product or service availability. Notably, certain Equipment and Services may be purchased, rented, licensed, or otherwise included as part of other Equipment and Services (e.g., a software license included with Social Butterfly 360, LLC’s Video Booths).

All prices are in US Dollars and are subject to change without notice. No refunds will be made for any amounts paid by you, including deposits. Social Butterfly 360, LLC does not guarantee or match prices.

Your Order for Equipment and Services will be followed by an order confirmation in the form of an invoice or Order acknowledgment (a “Confirmation”), indicating that the ordering process has been completed. If you place an Order through a method other than our Website, your Confirmation will include instructions on how to make full Booking Fees. Unless otherwise specified, payment terms begin upon Social Butterfly 360, LLC’s receipt of your order. If you place an Order through our Website at Socialbutterfly360.com, you will be asked to pay by credit/debit card or bank transfer at the end of the process. Unless otherwise specified in writing signed by Social Butterfly 360, LLC, the purchase price, rental fee, or License Fee applicable to your order must be paid in full before we ship, deliver, or provide the ordered Equipment or Services to you.

The total amount due on Orders includes a sales tax on purchases of Equipment or Services in accordance with applicable state/local regulations based on your shipping address or the location of Service delivery. The amount of applicable sales tax is displayed on the payment page of your online cart (if you order online) and on your Order Confirmation (if you order offline).

ACCURACY OF INFORMATION

Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to user descriptions, pricing, availability, promotions, and offers. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and conditions at any time and for any reason. We undertake no obligation to update, amend or clarify information on the Website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated. Please ensure that you check the applicable Terms every time you use our site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms and conditions by your continued use of the site after the date such revised Terms and conditions are posted.

CLIENT OBLIGATIONS

• The Client must provide a solid, flat empty cubic space of 2.5M (L) x 1.5M (W) x 2.1M (H) and access to a 120V mains socket within 6 feet. If the photo booth is to be in the middle of an open area, extension leads may be required. The Client agrees to supply the extension leads and tape to the floor. The Supplier accepts no responsibility for accidents.
• The Client must provide Social Butterfly 360, LLC access to the venue 1 hour prior to the photo booth hire start time.
• The Client must provide the Supplier with a suitable parking space. The Client must pay for any parking or congestion charges.
• The Client is responsible for any damage caused to the Supplier’s equipment. The Client will be charged the full cost of any repair or replacement required should the damage be due to the negligence of the Client or their guests.
• If the Social Butterfly 360, LLC’s performance of any of its obligations under the Agreement is prevented or delayed by an act or omission by the Client, the Client shall reimburse the Social Butterfly 360, LLC for any costs or losses sustained or incurred by the Social Butterfly 360, LLC, arising directly or indirectly from the act or omission by the Client.

EQUIPMENT IS COVERED BY A LIMITED WARRANTY; ALL SALES ARE FINAL

• The limited warranty contained in this clause is the sole and exclusive warranty applicable to purchased or rented equipment. This limited warranty is non-transferable, non-applicable, and not extendable to unauthorized Users or third parties. Social Butterfly 360, LLC retains the right to modify this limited warranty unilaterally at any time.
• Social Butterfly 360, LLC warrants that any purchased or rented equipment will operate in accordance with its specifications at the time of delivery. All sales of purchased equipment are final, and any malfunction or failure of the equipment to perform as specified must be addressed in accordance with the procedures. For equipment rentals, the Customer must notify Social Butterfly 360, LLC within 24 hours of the equipment’s delivery of any malfunction or failure to perform as specified. Social Butterfly 360, LLC is not liable for any malfunction or other failure of rental equipment reported more than 24 hours after delivery.
• You are not permitted to attempt to service or repair any of the equipment, and any such attempt, service, or repair will void the limited warranty provided by Social Butterfly 360, LLC. The limited warranty does not cover any malfunction caused by improper handling or operation of, or damage to, the Equipment following Delivery.

LIABILITY EXCLUSION FOR EQUIPMENT

1. Social Butterfly 360, LLC expressly disclaims liability for any loss or damage caused by your failure or inability to properly operate the equipment.
2. Your use of the equipment, or you’re allowing others to use it (or failing to prevent others from doing so) in an unsafe manner or under unsafe conditions, including but not limited to situations in which the user of the equipment may have impaired motor skills, vision, or judgment, as a result of drug or alcohol use or another physical or mental condition.
3. You fail to properly monitor, supervise, or instruct users on how to use the equipment properly, including but not limited to instructing Users not to twist on or around the equipment or to jump or fall off any elevated part of the equipment.
4. At any time, you may leave Social Butterfly 360, LLC unattended.
5. You fail to secure equipment (or other equipment supplied by you, such as a camera) properly to the arm of a Social Butterfly 360, LLC unit, resulting in injury or damage to any person or property: or you do not read the written materials included with the delivery of the ordered equipment prior to using any of the equipment, or you cause damage to the Equipment after Delivery.

GENERAL

The photo booth attendant will not tolerate violent, aggressive, or abusive behavior under any circumstances. He/she reserves the right to terminate the Service at any time if they feel their personal safety is at risk or the equipment supplied is in danger of getting damaged or has been damaged due to unruly behavior by the Client or their guests. No refund will be provided.

• The equipment supplied always remains the property of the Supplier.
• All digital images always remain the property of the Supplier.
• The Client’s rights as a statutory consumer are not affected.
• The 1988 Copyright Design & Patents Act – sections 77 & 80 assigns copyright of all digital images to the Supplier. It is contrary to the act to copy or allow to be copied photographs captured by the Supplier by any means.
• Unless otherwise agreed in writing prior to the event, the Client grants the Supplier full rights to use any digital images taken at the event (inside or outside of the photo booth) on the Supplier’s website, social media platforms, and other marketing material without limitation.

Social Butterfly 360, LLC reserves the right to terminate this Agreement at any time if the Customer violates these Terms and Conditions.

USER CONTENT

Content Responsibility.

The website permits you to share content, post comments, feedback, etc., but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.

When posting content to the website, please do not post content that:

• Contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, and inflammatory attacks of a personal, racial or religious nature.
• It is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, and contains exaggeration or unsubstantiated claims.
• Violating the privacy rights of any third party is unreasonably harmful or offensive to any individual or community.
• Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability or refers to such matters in any manner prohibited by law.
• Violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance.
• Uses or attempts to use another’s account, password, service, or system except as expressly permitted by the Terms of Use uploads or transmits viruses or other harmful, disruptive, or destructive files.
• Sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.
• Any submitted content that includes, but is not limited to, the following, will be refused. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.

IFRAMES

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

ACCEPTABLE USE

You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of socialbutterfly360.com.

• You further agree not to use the Website or Services:
• To harass, abuse, or threaten others or otherwise violate any person’s legal rights.
• To violate any of our intellectual property rights or any third party.
• To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
• To perpetrate any fraud.
• To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.
• To publish or distribute any obscene or defamatory material.
• To publish or distribute any material that incites violence, hate, or discrimination towards any group.
• To unlawfully gather information about others.

HYPERLINKING TO OUR CONTENT

• Without prior written approval, the following organizations may link to our site:
• Government agencies.
• Search engines.
• News organizations.
• Online directory distributors, when they list us in the directory, may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
• Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups that may not hyperlink to our Web site.
• We allow these links if the link: (a) is not misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party or its products or services; and (c) is appropriate to the linking party’s site.
• We may consider and approve in our sole discretion other link requests from the following types of organizations:
• Commonly-known consumer and business information sources such as Chambers of Commerce and Consumers Union.
• com community sites.
• Associations or other groups representing charities, including charity giving sites
• online directory distributors.
• Internet portals.
• Accounting, law, and consulting firms whose primary clients are businesses; and
• educational institutions and trade associations.

We will approve link requests from these organizations if we determine that the link will not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, are not permitted to link); (b) the organization does not have an unsatisfactory record with us, and (c) the benefit to us from the increased visibility associated with the hyperlink outweighs the cost of the link.

We allow these links if the link: (a) is not misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party or its products or services; and (c) is appropriate to the linking party’s website.

If you are one of the organizations listed in paragraph 2 and would like to link to our website, please contact us at [email protected]. List any URLs from which you intend to link to our Web site, along with the URL(s) on our site to which you would like to link. Response time is 2-3 weeks. Those approved may link to our site as follows:

• By using our company name, the URL (web address) being linked to, or any other description of our website or material that makes sense within the context and format of the linking party’s site.

No use of the Social Butterfly 360, LLC logo or other artwork will be allowed for linking absent a trademark license agreement.

INTELLECTUAL PROPERTY

You agree that the Website and all Services provided by us are the property of Social Butterfly 360, LLC, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Our IP”). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.

INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Social Butterfly 360, LLC and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former, or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by Social Butterfly 360, LLC. Social Butterfly 360, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Social Butterfly 360, LLC in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.

BINDING ARBITRATION

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The arbitration will take place in India. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.     

If for any reason, the Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in India, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in such state and federal courts.

In no event shall any Dispute brought by either party related in any way to the site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

EXCLUSION OF LIABILITY

You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties, and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the socialbutterfly360.com Website, including loss of data or information or any kind of financial or physical loss or damage.

In no event shall Social Butterfly 360, LLC, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content attained from the service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.

MODIFICATION & VARIATION

We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

NO WARRANTIES

You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. We hereby expressly disclaim any express or implied warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to you through your computer system or because of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.

LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you because of your use of the Website or Services to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

GOVERNING LAW AND JURISDICTION

This website originates from United States. The laws of United States. Without regard to its conflict of law, principles will govern these terms to the contrary. You hereby agree that all disputes arising out of or in connection with these terms shall be submitted to the exclusive jurisdiction of the United States. By using this website, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of these terms. You hereby waive any right to trial by jury arising out of these terms.

SEVERABILITY

If any provision of these Terms and conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

CONTACTING US

If you would like to contact us to understand more about terms or wish to contact us concerning any matter, you may do so via the contact us or email us at [email protected].

This document was last updated on September 1, 2022