BigPark Terms of Use

1. Introduction to the BigPark Site
This website (the "Site") provides various games, content and features as made available by BigPark ("BigPark") from time to time.

Please read these terms and conditions carefully before using the Site. These terms of use (the "Agreement") govern your access to the Site and your use of any account you create at the Site (an "Account"). If you are under the age of majority in your jurisdiction, make sure that your parent or legal guardian reads and agrees with this Agreement on your behalf. By using this Site or your Account you agree to be bound by this Agreement. Your continued use of this Site or your Account after any amendment, update or revision of this Agreement further constitutes your agreement with any such changes to the Agreement. If you do not agree to be bound by all of the terms and conditions of this or if you are under the age of 13 you are not permitted to use or access this Site. You should print or save a copy of this Agreement for your reference. You may also receive a copy of this Agreement by sending us an email at: privacy@bigpark.com

2. Licence
2.1 Grant of Licence. Provided you are in compliance with this Agreement, you may access and use games (each a "Game" and collectively, the "Games") and other content posted on this Site in accordance with these terms and conditions. This is a grant of a non-exclusive licence, not a transfer of title, and under this licence you may not do any of the following:
  1. use the Site, your Account or the Games in any manner that could damage, disable, overburden, or impair such services or interfere with any other party's use and enjoyment of them;
  2. attempt to gain unauthorized access to any service, Account, computer system or network associated with the Site;
  3. sell, license, copy or distribute copies of any Games or any parts of any Games including, without limitation, all art work, graphics, images, screen shots, text, music, sounds, shapes, animations, trademarks, brand names, photographs and video contained in the Games (the "Game Elements") by themselves or as part of any collection, product or service;
  4. license, copy or distribute any of the Game Elements that include representations of identifiable individuals, governments, logos, initials, emblems, trademarks or entities for any commercial purposes or to express or imply any endorsement or association with any product, service, entity or activity;
  5. create obscene or scandalous works, as defined by any applicable law at the time such work is created, using any Game Elements; or
  6. reverse engineer, decompile, or disassemble the Games, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

2.2 Updates and Supplements. This Agreement, and any revisions, modifications or amendments to it, apply to all updates, supplements, add-ons or additional features added to this Site or the Games, unless they are accompanied by separate terms.

3. Use of the Site, Content and Proprietary Rights
3.1 Representation. In using this Site, you represent and warrant that:
  1. you are of legal age to form a binding contract in your country of residence and you are not a person barred from receiving such services under the law of your country of residence; and
  2. your use of the Site does not violate any applicable law and regulation.

3.2 Content. Content made available on the Site and through the Site including, without limitation, any Games, Game Elements and the like (altogether, "Content"), is subject to copyright and/or other intellectual property rights of BigPark or the owners of such Content. The Content is provided AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners, or in connection with any commercial endeavours not endorsed or approved by BigPark. BigPark reserves all rights not expressly granted in and to the Site and Content. BigPark makes no warranties, express or implied, as to any Content or to the accuracy or reliability of such Content.

3.3 Prohibited Activities. The Site and any Content may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by BigPark. Any illegal and/or unauthorized use of the Site or your Account, including collecting user names and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site, is strictly prohibited. The following is a partial list of activities that are illegal or prohibited on the Site:
  1. carrying out criminal activities including, without limitation, fraud, trafficking in obscene material or child pornography, drug dealing or gambling;
  2. using any information obtained from the Site, including personal data regarding other users, in order to harass, abuse or harm another person, including, without limitation, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement or theft of trade secrets;
  3. obtaining information from the Site in order to contact, advertise to, solicit or sell to any other users without their prior explicit consent;
  4. using scripts to send comments or messages or any other automated use of the Site including, without limitation, "robots", "spiders" and "offline readers" that access the Site in a manner that sends more request messages to the Site's servers in a given period of time beyond what a human can reasonably produce in the same period by using an on-line web browser. Notwithstanding the foregoing, operators of public search engines may use "spiders" to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the Site, but not caches or archives of such materials;
  5. interfering with, disrupting or creating an undue burden on the Site or the networks or services connected to the Site, including by uploading, posting, emailing or otherwise transmitting any material that contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
  6. attempting to impersonate another user or person, using the Account, username, or password of another user at any time, or selling or otherwise transferring your Account; and
  7. using the Site in breach of any applicable law. Appropriate legal action may be taken for any illegal or prohibited use of the Site.
4. Registration for Account
4.1 Registration. In order to register for an Account, you will be required to create a username and password with the Site. If you opt to register for an Account, you represent and warrant that:
  1. the representations and warranties in Section 3.1 are true;
  2. you will provide true, accurate and complete information about yourself as prompted by the registration form ("Registration Data"); and
  3. you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

4.2 Verification. You agree that BigPark is authorized to verify Registration Data. If BigPark has reasonable grounds to suspect that any Registration Data is untrue, inaccurate or incomplete, BigPark has the right to suspend or terminate this Agreement and refuse you any further use of the Site, any Games or your Account.

4.3 Protection. You are solely responsible for maintaining the confidentiality of, and you will be responsible for any unauthorized use of, your username and password. You must immediately notify BigPark of any unauthorized use of your username and password. You also acknowledge, consent and agree that BigPark may access, preserve and disclose your Registration Data or other personal information (as defined in our Privacy Policy) if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
  1. comply with legal processes;
  2. enforce this Agreement;
  3. respond to your requests for customer service;
  4. protect the rights, property or personal safety of BigPark, our affiliates, subsidiaries, agents, services providers, other users and the public; and
  5. as otherwise permitted under the terms of our Privacy Policy, as updated, revised and amended from time to time. For additional information regarding our protection of personal information and/or data you transmit to BigPark, please refer to our Privacy Policy.

5. High Scores

5.1 Tracking and Publishing of High Scores. You acknowledge that by logging in to your Account and playing any of the Games you consent to BigPark tracking game score data and publishing your game score data in association with your username to the high score tables on the Site (the "High Score Tables"). If you do not register for an Account your game score data will not be published to the High Score Tables.

5.2 Removal of High Scores. BigPark reserves the right to remove your game score data and username from the High Score Tables for any reason whatsoever, including, without limitation: (a) if your username is deemed by BigPark staff to be offensive; (b) if your Account is terminated or if you have otherwise been banned from the Site for a violation of this Agreement; or (c) if BigPark receives complaints or information indicating that you have used any automated means, including, without limitation, the use of "robots", or any other "cheats" or "hacks" in order to obtain the game score data published on the High Score Tables.

5.3 Removal by Request. You may at any time submit a request pursuant to the terms of BigPark's Privacy Policy to have your game score data removed from the High Score Tables. Usernames and game score data will continue to be published on the High Score Tables if you voluntarily terminate your account, unless you request such information be removed.

6. Submissions
Any submissions by you, including, without limitation, ideas, suggestions, original creative works (including, without limitation, character ideas, screenplays or artwork), data, information or other communication (altogether, "Submissions"), will be considered a voluntary submission of non-proprietary information to the public domain, and BigPark will be free to copy, disclose, distribute, incorporate and otherwise use such Submissions or any part thereof for any purpose it deems fit, commercial or non-commercial, without liability or compensation to you or any other person or entity.

7. Linked Sites
Any linked sites found within this Site are not under the control of BigPark, and BigPark is not responsible for the content of any linked site or the content of any other link contained in a linked site. BigPark reserves the right, at its sole discretion, to terminate any link or linking program at any time and for any reason it deems appropriate. In providing a link, BigPark is not endorsing the owner of the linked website, and shall have no responsibility in connection with any products or services offered on the linked website.

8. Termination

8.1 Agreement. BigPark may terminate this Agreement immediately, without notice, if you fail to comply with any term or condition of this Agreement.

8.2 Site. BigPark reserves the right to modify, suspend, or discontinue the Site, or any Game, Account or other Content, or portions thereof at any time with or without notice to you. This includes, but is not limited to, the right to permanently restrict your access to the Site or your Account.

8.3 Account. You acknowledge and agree that you have no ownership rights in any Account created on the Site. Without limiting any other right of BigPark provided for in this Agreement, BigPark reserves the right to terminate your Account and delete any game score data or usernames associated with it from the High Score Tables if BigPark deems you to have violated any of the terms or conditions of this Agreement.

9. Indemnification
You agree to release, indemnify, defend and hold harmless BigPark, its affiliates, officers, directors, shareholders, contractors, agents, employees, licensors and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees, made by any third party due to, arising out of or in connection with: (a) your use of the Site, an Account or any Content; and (b) any breach by you of any terms in this Agreement.

10. Disclaimer/Limitation of Liability

THIS SITE AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, COMPLETENESS, MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL BigPark OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE AND THE CONTENT, EVEN IF BigPark HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BigPark ALSO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT. BigPark DOES NOT MAKE ANY WARRANTY REGARDING ANY CONTENT OBTAINED THROUGH THE SITE. BigPark IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE.

11. Applicable Laws
This Agreement shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Notwithstanding the above, recognizing the global nature of the Internet you agree to comply with all rules applicable in your local jurisdiction regarding online conduct and acceptable content.

12. Severability
In the event that any provisions of this Agreement are declared by any judicial, or other competent authority, to be void, unenforceable or illegal for any reason, this Agreement shall remain otherwise in full force apart from such provision, which shall be deemed deleted.

13. Updates
BigPark reserves the right to revise, change or modify the terms and conditions of this Agreement at any time by updating this posting or by inserting legal notices located on particular pages in this Site. By using this Site you are agreeing to be bound by the then current version of the this Agreement. Each time you access the Site or use your Account, please visit this page to review any amendments to this Agreement.

14. Misuse
If you are aware of any misuse of the Site, or have viewed inappropriate material, it is your responsibility to inform us as soon as possible.