Terms & Conditions
THIS WEBSITE IS OWNED AND OPERATED BY “BiGA Games, LLC”, a California Company,
doing business in California as BiGA Games, LLC and related entities
(“BiGA Games”).
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE
OR PERMITTING YOUR CHILD TO USE THIS SITE. Your use of this Web site constitutes
acceptance of these terms and conditions of use. Your continued use of this Web
site is subject to the following terms and conditions.
User Conduct
As a condition of your use of these services, you expressly agree that you
and/or you child will not use the Web site or other internet services provided
by BiGA Games for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You agree to abide by all applicable local, state,
national, and international laws and regulations and are solely responsible for
all acts or omissions that occur under your member name, including the content
of your transmissions through the service.
The Web site is intended for entertainment and educational purposes and for the
use and enjoyment of families, parents, and children. You agree to use the Web
site only for such purposes. Any unauthorized commercial use of the Web site,
BiGA Games's servers or Internet infrastructure, or its related services, or the
resale of its related services, is expressly prohibited. Without BiGA Games's
prior written consent you may not reproduce, distribute, modify, display
derivative works based on, repost or otherwise use the content of this Web site.
Nothing contained herein shall be construed as conceding any license or right
under any copyright or other intellectual property right.
BiGA Games reserves the right to monitor, review, retain, and/or disclose any
information necessary to satisfy any applicable law, regulation, legal process
or legitimate governmental request.
Disclaimers/Limitation of Liability
Your use of and any browsing in this Web site and related Internet services is
at your risk. Neither BiGA Games nor any other party involved in creating,
producing, or delivering the Web site is liable for any direct, indirect,
incidental, consequential or punitive damages arising out of your access to, or
use of, the Web site or related services. The material contained in this Web
site may contain inaccuracies and errors. BiGA Games does not guarantee that the
functional aspects of the Web site will be uninterrupted or error-free or that
this Web site or the server that provides it are free of viruses or other
harmful components. Everything on the Web site is provided to you “AS IS”
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. Some states do not allow the exclusion of implied
warranties, so some of these exclusions may not apply to you. Check your local
laws for any such exclusions.
BiGA Games also assumes no responsibility and shall not be liable for any damages
to, or viruses that may infect, your computer equipment or other property on
account of your access to, use of, or browsing in this Web site (or related
services) or your downloading of any materials, data, text, images, video, or
audio from this Web site.
Links
It is forbidden to create a hyperlink to the Site or any part of the Site
without our prior written consent. Although we may have linked the Site to other
people’s Websites, we have not reviewed the contents of those other sites and do
not necessarily endorse their contents. If you access any such linked site, you
do so at your own risk.
Unsolicited Materials
All suggestions, ideas, photos, drawings etc. submitted to us by any means,
including e-mail, shall become the property of BiGA Games, LLC, and not be
treated as confidential or proprietary in any regard vis-ŕ-vis the person or
entity making the submission.
Modification of Terms
BiGA Games may at any time revise these Terms and Conditions by updating the same
at its Web site(s). You are bound by any such revisions and you should therefore
review this page periodically to ensure your understanding of the terms and
conditions of your use.
General
This agreement is governed by the laws of the United States of America and the
State of California. Use of this Web site is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. These terms and conditions will be
governed by and be construed in accordance with the laws of the United States of
America and the State of California without regard to its conflicts of law
provisions. If you use this website from other locations you are responsible for
compliance with local laws and regulations. BiGA Games products are available in
other parts of the world; however, this website may describe products that are
not available in your jurisdiction.
This agreement constitutes the entire agreement between user and BiGA Games with
respect to this Web site and related services and supersedes all prior or
contemporaneous terms or conditions, oral or written, between user and
BiGA Games. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject to the
same conditions as other business documents and records originally generated and
maintained in printed form.
Any cause of action arising out of or related to this Web site or its service
must commence within one (1) year after the cause of action arose; otherwise,
such cause of action is permanently barred.
Termination
If you are dissatisfied with any portion of the service, or with any of these
terms of use, your sole and exclusive remedy is to discontinue using the Web
site.
This agreement is effective until terminated by either party. You may ask us to
end your membership at any time by emailing
webmaster@BiGAGames.com. (You will
be required to provide your member name and password). This agreement will
terminate immediately without notice from BiGA Games if you fail to comply with
any term or provision of this agreement.
Copyright
You should assume that everything you see or read on this Web site, receive
through related services, or download from our servers, is protected by
copyright unless otherwise stated and may only be used according to these Terms
and Conditions. BiGA Games does not warrant or represent that your use of
materials displayed on this Web site will not infringe rights of third parties
whom are not owned or affiliated with BiGA Games. Images are either BiGA Games’s
property or used by BiGA Games with another party’s permission. The use of these
images by you, or anyone else authorized by you, is prohibited unless
specifically permitted by these Terms and Conditions. Any unauthorized use of
such images may violate copyright laws, trademark laws, the laws of privacy and
publicity, as well as other communications regulations and statutes.
Trademarks
The trademarks, logos, and service marks (collectively the “Trademarks”)
displayed on this Web site are registered and unregistered trademarks of
BiGA Games, LLC, its affiliates and others. Your misuse of the Trademarks
displayed on this Web site, or any other content on the Web site, except as
provided herein, is strictly prohibited. Nothing contained on this Web site
should be construed as granting any license or right to use any Trademark
displayed on this Web site without the written permission of BiGA Games or such
third party that may own the Trademark.
Trademark Legend
BiGA, BiGA Games, GRON, KRAAS YOLLIE, BINTI, and all related logos and
characters are trademarks or registered trademarks of BiGA Games, LLC.
All other trademarks are properties of their respective owners.
THIS NOTICE MAY BE AMENDED FROM TIME TO TIME. CONTINUED ACCESS TO THE SITE IS
SUBJECT TO THE TERMS THAT APPLY AT THE TIME OF ACCESS. IT IS THEREFORE YOUR
RESPONSIBILITY TO INFORM YOURSELF OF THE CURRENT TERMS OF THIS NOTICE.
© 2005 BiGA Games, LLC. All rights reserved.