Terms of Service

Terms of Service

 

Acceptance of Terms

Below Terms of Service (“ToS”) govern your use of the application or game (“Service”) and are deemed to be an agreement between you and BIGMAN Entertainment, Inc. (“Bigman”). By accessing and/or using the Service you agree to be bound by this ToS and confirm your full understanding of, and agreement with the foregoing. Bigman may, at any time and at its sole discretion, amend or terminate this ToS and your use and/or access of the Service following such amendment shall constitute your understanding and acceptance of the foregoing. You are responsible for viewing the ToS periodically.  Your continued use of the Service after the modification of these ToS has been made will constitute your acceptance of the revised ToS. At any time, your sole remedy in case of any disagreement and/or dispute with respect to this ToS and the provisions thereof shall be termination of your use of the Service. You agree that the Bigman may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability. The service is intended for use by those 21 or older for amusement purposes only. You declare that you are 13 years old or older. If you are between the ages of 13 and 18, you declare that your legal guardian has reviewed and agrees to the ToS.

1. Access to Service, Account(s)

1. During the process of creating an account to access the Service, you may be required to select a password or to allow us to access your account information from a social network, mobile device or other third party platform services (“Login Information”). The following rules govern the security of your Account and Login Information. For the purposes of these ToS, references to Account and Login Information shall include any account and account information, including user name, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service (for example, account information for a social network service account from which the Service is accessed):

2. Bigman may, at its sole discretion, provide or deny (including, without limitation, by suspending or permanently banning) access of Service to you (including, without limitation, as a remedy in case of your breach of this ToS). Denial of such access may be made for any reason whatsoever and at no obligation to you (including, without limitation, any obligation for prior notification or provision of reasoning for such denial). No provision of this ToS or any part thereto may in any way derogate from the foregoing right of the Bigman.

3. If Bigman has decided to provide access to Service to you, such access shall be provided via account(s) created in your name for the use of Service (“Account(s)”). You hereby acknowledge that the right of Bigman to deny access to Service as set forth in the previous paragraph includes the right to terminate any or all of your Accounts.

4. Each Account shall be defined by unique authentication details — login, password, security question, etc (“Authentication Details”). While you will be generally able to specify Authentication Details of each Account, Bigman hereby reserves the right to refuse or restrict acceptance of any particular information you attempt to specify as your Authentication Details for any reason whatsoever. Such right of refusal shall not give rise to any responsibility of Bigman for the essence and content (including, without limitation, appropriateness, legality and level security) of any Authentication Details accepted by Bigman and it shall be solely your responsibility to ensure that your Authentication Details are secure enough not to be discovered, intentionally or unintentionally, by any third parties.

5. You acknowledge and agree that any action performed within or in connection with the Service via use of your Authentication Details shall be deemed performed by you and you shall be fully responsible for such action. You shall keep your Authentication Details confidential and shall not provide them to any third parties. You shall at all times monitor your Account(s) to ensure absence of use of your Authentication Details by any third parties and shall promptly inform Bigman in case of any suspicion and/or detection of such unauthorized use or of the fact that any third party has become aware of your Authentication Details or any part thereto.

6. While Bigman may provide you with reasonable assistance in case of loss of Authentication Details you hereby acknowledge and agree that it is your responsibility to maintain awareness and knowledge of your Authentication Details at all times. You shall not share your Account or Login Information, nor allow anyone else to access your Account. Bigman will never ask you to reveal your password.

7. You hereby acknowledge and agree that exercise by Bigman of its rights under Clause 1.2 above may include termination and/or suspension of any or all of your Accounts.

8. You undertake to monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept the full responsibility for any unauthorized use of the Service by minors and you acknowledge that you are responsible for any use of your credit card or other payment instrument by minors.

 

2. License

Subject the provisions of this ToS and any annexes thereto and your full and unconditional compliance with the foregoing Bigman grants to you a personal, non-exclusive, non-transferable, non-sublicensable and non-assignable, revocable, limited scope license to access and use the Service (“License”). License is granted solely and exclusively for the access and use of Service for your own, private, non-commercial entertainment purposes. You hereby acknowledge that any of the following will result in an immediate and unconditional termination of the License:

1. Any breach by you of this ToS and any annex thereto or your disagreement with any of the foregoing

2. a law, decision of any governmental or other supervisory authority and/or a ruling of a court the jurisdiction of which you are subject to, which deems the Service and/or its access and/or use by you to be illegal.

3. Exercise by Bigman of its rights under Clause 1.2 above.

4. You hereby acknowledge and agree that Bigman may at any time, and at its sole discretion may revoke the License with respect to any specific element of the Service or any service related thereto without any further obligation to you (including, without limitation, any prior notice obligation).

 

3. Intellectual Property Ownership

1. As between you and Bigman, Bigman holds any and all IP Rights to the Service and any part thereto (including, without limitation, any software, designs, graphics, texts, information, pictures, video, sound, music and/or databases). For the purpose of this ToS “IP Rights” shall mean any and all intellectual property rights and any rights of a similar nature, now existing or that emerge in the future, whether registered and whether subject to registration or not. This includes, without limitation, trademarks, trade names and service marks, copyrights and adjacent rights, patent rights, know-how, trade secrets and other.

2. You may not jeopardize IP Rights of Bigman in any way whatsoever. This includes, without limitation, any actions or attempted actions (whether performed directly or through any third party) to:

1. Copy, reproduce, broadcast, publish or otherwise publicly disseminate any object of the IP Rights and any of their material manifestations.

2. Sell, rent, or otherwise commercially exploit any object of the IP Rights and any of their material manifestations.

3. Reverse-engineer, decompile, discover the source code of, create derivative works on the basis of or otherwise modify any object of the IP Rights and any of their material manifestations.

4. Register any rights, or claim any rights in or otherwise pass dispute the right of Bigman or its respective third-party licensors in any object of the IP Rights and any of their material manifestations.

5. Otherwise access and/or use the Service or any part thereto for purposes other than purpose of the License set forth in Clause 2 above.

 

4. User Content

1. You hereby represent and warranty to Bigman that your use of Service and any part thereof and any content published or used by you via Service (including, without limitation, your Authentication Details) does not breach any law or any third party rights. Without limiting the generality of the foregoing, this includes your Authentication Details not containing any information and/or element which infringes on any third party copyright, is obscene, offensive, constitutes libel and/or slander, manifests racial, ethnical, religious or any other discrimination, promotes violation of any law or any third party right protected by law, contains any virus, Trojan horse or any malicious code etc.

2. You hereby irrevocably waive any obligation Bigman may have to you (including, without limitation, under any intellectual property or similar right) with respect to any materials, text and/or other content published and/or submitted by you through Service (whether directly or through any other applications, social networks, mobile device, other third party platform such as internet portals or any other means by which Service is made available).

3. Any materials, texts and/or other content published and/or submitted by you via Service (whether directly or through any other applications, social networks, mobile device, other third party platform such as internet portals or any other means by which Service is made available) shall be so published and/or submitted at your own risk and responsibility, and may not give rise to any responsibility and/or liability of Bigman whatsoever, whether to you or to any third party. Without derogating from the foregoing, you hereby unconditionally acknowledge Bigman’s right to remove and/or alter any content submitted and/or published by you via Service at Bigman’s sole discretion and without any obligation to you (including, without limitation, obligations to provide reasoning for such actions).

4. You hereby acknowledge and agree that in the course of your access and/or use of the Service (including, without limitation, in the course of creation of an Account) you may provide your private information to Bigman. You acknowledge and agree that handling by Bigman of such private information shall be as per the provisions of Bigman’s then current Privacy Policy, as made available by Bigman at the following address: www.bigmanent.com or any other address, as may be communicated by Bigman to you (including, without limitation, via e-mail or Bigman’s website).

5. You acknowledge and agree that, regardless of any rights Bigman may have with respect to materials, texts and other content published and/or submitted via Service (whether directly or through any other applications, social networks, internet portals or any other means by which Service is made available) by other users, Bigman may not be held responsible and/or liable for such content and you hereby waive any claim, demand and/or grievance you may have towards Bigman in this respect.

 

5. Disclaimer of Warranty, Limitation of Liability and Indemnification

1. Service and any related services are provided on “as is” and “with all its faults” basis. You agree to access and/or use the foregoing at your own risk. To the maximum extent permitted by law, Bigman, its owners, subsidiaries, affiliates, directors, officers, employees and agents (jointly – “Covered Parties”) disclaim all warranties, explicit or implied, in connection with the Service and any part thereto and any service related thereto and any warranties with respect thereto, including any implied warranties of merchantability, title or non-infringement, fitness for a particular purpose, quite enjoyment, accuracy, error-free operation and any other. Without limiting the generality of the foregoing, Covered Parties expressly disclaim any responsibility for or in connection with:

1. Errors, mistakes, or inaccuracies of Service, or any part, or any service related thereto;

2. Personal injury or property damage, of any nature whatsoever, resulting from access and use of the Service;

3. Any communication errors, server failures or any unauthorized access thereto;

4. Any bugs, viruses, Trojan horses, or any other malicious code contained in or transmitted through Service or any related services;

5. Any losses and/or damages incurred in connection with any content transmitted via or in connection with Service or any related services.

2. In no event shall any of the Covered Parties be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever in connection with or arising from your use of Service, any related services or any part thereof, whether based on any implied warranty, contract, tort, or any other legal theory, and whether or not the foregoing have been or should have been aware of the possibility of such damages.

3. You hereby agree to indemnify any of the Covered Parties and hold them harmless against any costs, losses, penalties (including any amounts to be paid on the basis of any third party claim) and expenses (including legal fees) incurred by the foregoing as a result of your breach of your warranties and obligations under this ToS or otherwise as the result of your access to and/or use of Service or any related service.

 

6. Virtual Assets

1. Service may include an opportunity to purchase virtual currency ("Coins") that may be done using real currency. Bigman is under no obligation to redeem Coins for real money or any other item of monetary value. At any time Bigman may refuse request for acquisition of Coins at its sole and absolute discretion.

2. You hereby acknowledge and agree that you have no right or title to any virtual in-game assets (whether Coins or other) that may be made available to you via Service or any related service, and Bigman reserves the right to alter, limit or delete any such virtual assets at its sole discretion and without any obligation to you (including, without limitation, any prior notice obligation).

3. Coins are not refundable and not transferable or exchangeable, except if expressly allowed otherwise by Bigman in its sole and absolute discretion.

4. Coins may only be acquired from Bigman in a manner determined by Bigman in its sole and absolute discretion (as notified from time to time via Bigman’s website or otherwise). You may not purchase, sell, or exchange Coins outside of Service.

5. Coins may only be held by legal residents of countries where access to and use of Service are permitted.

6. Coins are tied to your respective Account.

7. Bigman reserves the right to apply any value added tax or other tax or levy to the purchase price of the Coins, as determined by Bigman from time to time.

8. You must report any discrepancies, errors and/or other issues with respect to purchase and/or use of Coins to Bigman as soon as practicable, but no later than 48 hours from the time such discrepancies were detected. Failing to do so shall result in you forfeiting the right to object any such discrepancies. Subject to your compliance with this ToS, Bigman will make reasonable efforts to resolve any such discrepancy if it has occurred due to its direct fault.

9. You shall reimburse Bigman for all reversals, charge-backs, fees, fines and any other costs incurred by Bigman arising out of payments that you authorized or accepted in connection with your use of Service and any related services.

 

7. Rules of Conduct

1. You represent and warrant that you have full right and authority to access and use Service and to be bound by this ToS.

2. You represent and warrant that in you access to and use of Service or any related service you will fully comply with all applicable laws and regulations of any applicable jurisdiction.

3. You represent and warrant that in your access to and use of Service or any related service you shall not defraud or attempt to defraud any person (including, without limitation, Bigman) or act in bad faith.

4. Without derogating from generality of the foregoing provisions, you expressly agree that, among other:

1. You are not under the age of 13 and, if you are under the age of 18 (or other legal age, as applicable in jurisdiction of your residence), you have obtained consent of your guardian to use Service and any related service;

2. You access and use Service and any related service and set up Account(s) on your own behalf and in your own name, and not on behalf of any third party;

3. You shall not attempt to discover any Authentication Details or any private information of any other user of Service or any related service by any means whatsoever;

4. You shall not implement (or attempt to implement), without prior express permission of Bigman, any passive or active information collection or transmission mechanism (commonly referred to as "spyware" or "passive collection mechanisms");

5. You shall not develop, use, distribute, or provide public information regarding any software programs that may be used within Service, unless such software programs are expressly authorized by Bigman for such specific use;

6. You shall use support and/or complaint functions only for their actual purpose and shall not abuse the foregoing to make false reports to Bigman;

7. You shall not attempt to exploit any error, bug or other inaccuracy in Service or any related software and/or other material which gives an unintended advantage and shall not inform any third parties of the foregoing;

8. You shall not permit use of the Account by anyone without prior express written permission of Bigman and shall not use any third party’s account within Service in such a manner;

9. You shall not engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;

10. Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service;

11. You shall not communicate any person's private information via Service or any related service;

12. You shall not attempt to interfere with any transmissions to or from the servers of Service or any related service in any way (including, without limitation, hacking and overburdening);

13. Advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;

14. Improperly use support channels or complaint buttons to make false reports to Bigman;

15. Interfere with the ability of others to enjoy using the Service, including disrupt, overburden or aid the disruption or overburdening of the Service servers, or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users.

 

8. General

1. Regardless of your location, this ToS is governed by and shall be interpreted in accordance with the laws of the State of California, without regard to principles of conflict of laws.

2. Any claim or dispute between you and Bigman that arises from or in connection with your access to and/or use of Service or any related service shall be decided exclusively by the courts of Orange County in the State of California and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in the courts of State of California – Orange County.

3. ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS TOS MUST COMMENCE WITHIN ONE (1) YEAR FOLLOWING THE EVENT WHICH IS THE CAUSE OF ACTION WITH RESPECT TO SUCH PROCEEDING. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Last Modified: September 24, 2014

© BIGMAN Entertainment, INC. All rights reserved.