"TERMS FOR USING AND/OR VISITING CONTENTS ON "www.bigflix.com"
CONTENTS, ANY SOFTWARE, PRODUCTS, AND SERVICE OFFERRED OR CONTAINED THROUGH ITS WEBSITE OF BIGFlix ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. BIGFlix, MAKES NO REPRESENTATIONS OR WARRENTIES OF ANY KIND WITH RESPECT TO ITS CONTENTS, SOFTWARE OR SUCH PRODUCTS AND SERVICES, AND DISCLAIM ALL SUCH REPRESENTATION AND WARRENTIES, INCLUDING, WITHOUT LIMITATION, WARRENTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO ITS CONTENT, SOFTWARE, TOOLS, TIPS, PRODUCT OR SERVICES.
PEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. This Agreement is made between BIGFlix and you as a site visitor and /or Member ("You").
This Agreement set forth the legally binding terms of your use of our website and
its services located at URL www.bigflix.com.
CONSENT
By using and/or visiting this website ("BIGFlix"), (collectively, including all content available through the BIGFlix.com domain name, the "BIGFlix Website", or "Website",) you signify your assent to both these terms and conditions (" Terms of Use ") and the terms and conditions of BIGFlix Privacy Policy, which are published, and which are incorporated in this website for reference. In addition, when using particular services provided by us such as viewing any clips, or participating in any contests, you shall be subject to any additional guidelines or rules applicable to such services. Kindly print these terms of use or save a copy of these terms of service for your records. If you do not agree to any of these terms, then please do not use our website.
You are only authorized to use the BIGFlix Website (regardless of whether your access
or use is intended) if you agree to abide by all applicable laws and to these Terms
of Use and the privacy policy . We reserve the right at any time to: change the
terms of this Agreement; change the Services, including eliminating or modifying
any content on or feature of the Site; or change/charge any fees or charges for
use of the Services. Any changes we make will be effective immediately on notice,
which we may give either by posting the new Agreement on the Site or via electronic
mail. Your use of the Services after such notice will be deemed acceptance of such
changes. Be sure to review this Agreement periodically to ensure your familiarity
with the most current version. You will always be able to understand when the version
was last updated by checking the "Last Revised" date in the header of this agreement.
Please note that these Terms of Use apply to all users of www.bigflix.com. Our website may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party website. By using the Website, you expressly relieve us from any and all liability arising from your use of any third-party contents . Accordingly, we encourage you to be aware when you leave the " www.bigflix.com " and to read the terms and conditions and privacy policy of each other content/ website that you visit.
PERMISSION TO USE
We hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial, legal, ethical and non vindictive, non discriminatory and non racial use; (ii) you will not copy or distribute any part of the Website in any medium without prior written authorization from us; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose, subject to restrictions by us at any time either prior to or after the use, without assigning any reasons whatsoever; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
CREATION OF ACCOUNT
In order to access some features of the Website, you will have to create an account.
You may never use another's account without permission. When creating your account,
you must provide accurate and complete information. The data you provide is deemed
to be considered as true and correct. You are solely responsible for the activity
that occurs on your account, and you must keep your account password secure. You
must notify us immediately of any breach of security or unauthorized use of your
account. Although we will not be liable for your losses caused by any unauthorized
use of your account, you may be liable for the losses and claims of BIGFlix or others
due to such unauthorized use.
You agree not to use or launch any automated system, including without limitation,
"robots,""spiders,""offline readers," etc., that accesses the Website in a manner
that sends more request messages to our servers in a given period of time than a
human can reasonably produce in the same period by using a convention on-line web
browser. Notwithstanding the foregoing, we grant the operators of public search
engines permission to use spiders to copy materials from the site for the sole purpose
of creating publicly available searchable indices of the materials, but not caches
or archives of such materials. We reserve the right to revoke these exceptions either
generally or in specific cases. You agree not to collect or harvest any personally
identifiable information, including account names, from the Website, nor to use
the communication systems provided by the Website for any commercial solicitation
purposes. You agree not to solicit, for commercial purposes, any users of the Website
with respect to their User Submissions.
INTELLECTUAL PROPERTY RIGHTS
The content on our site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to us, subject to copyright and other intellectual property rights under the laws of India and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of our website or features that prevent or restrict use or copying of any Content or enforce limitations on use of our site or the Content therein.
Any feedback, comments, requests for technical support, and other communications should be directed to us at www.bigflix.com customer service through http://www.bigflix.com/contactus@bigflicks.com
BIGFlix permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, www.bigflix.com provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to our website on the pages containing the Embeddable Player. We reserve the right to discontinue any aspect of our website at any time.
Warranty Disclaimer
You agree that your use of our website shall be at your sole risk. To the fullest extent permitted by law, our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. We make no warranties or representations about the accuracy or completeness of this website content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via our website. We do not warrant, endorse, guarantee, or assume responsibility for any content, display, product or service advertised or offered by a third party through our website or any hyperlinked website or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of content, display, products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitation of Liability
In no event shall BIGFlix or its officers, directors, employees, or agents, be liable
to you for any direct, indirect, incidental, special, punitive, or consequential
damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content,
(ii) personal injury or property damage, of any nature whatsoever, resulting from
your access to and use of our website, (iii) any unauthorized access to or use of
our secure servers and/or any and all personal information and/or financial information
stored therein, (iv) any interruption or cessation of transmission to or from our
website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted
to or through our website by any third party, and/or (v) any errors or omissions
in any content or for any loss or damage of any kind incurred as a result of your
use of any content posted, emailed, transmitted, or otherwise made available via
our website, whether based on warranty, contract, tort, or any other legal theory,
and whether or not the company/owner of our website is advised of the possibility
of such damages. The foregoing limitation of liability shall apply to the fullest
extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that we shall not be liable for user submissions, content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The website is controlled and offered by us from its facilities in India. We make
no representations that the website is appropriate or available for use in other
locations. Those who access or use the website from other jurisdictions do so at
their own volition and are responsible for compliance with local law.
Indemnity
You agree to defend, indemnify and hold harmless www.bigflix.com, its parent company, subsidiary company, associate, affiliates, partners, corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to us (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of our website.
Ability to Accept Terms of Service
You affirm that you are 18 years of age and above and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are above 18 years, as our website is not intended for individuals under 18. If you are below18 years of age, then please do not use our website;
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
General
You agree that: (i) BIGFlix shall be deemed solely based in India ; and (ii) BIGFlix shall be deemed a passive website that does not give rise to personal jurisdiction over www.bigflix.com, either specific or general,in jurisdictions other than Mumbai,India. These Terms of Service shall be governed by the internal substantive laws of India , without respect to its conflict of laws principles. Any claim or dispute between you and BIGFlix that arises in whole or in part from www.bigflix.com shall be decided exclusively by an arbitrator decided by the Bombay Chamber of Commerce under its procedures and will be decided as per the provisions of the Indian Arbitration and Conciliation Act of 1996 which will be held in Mumbai. The Courts located in Mumbai, India will have exclusive jurisdiction over any decisions of the arbitrator. These Terms of Service, together with the Privacy Policy at and any other legal notices published by BIGFlix on their Website, shall constitute the entire agreement between you and BIGFlix concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. We reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND BIGFlix AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Copyright Infringement Notification
In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification of the same to legal@bigflicks.com with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
In case of a conflict in Terms, the decision of BIGFlix shall be final and concluding, and you irrevocably withdraw your right to make any claim or demur on this ground.
