Terms, Conditions and Community Guidelines
TERMS AND CONDITIONS FOR USE OF THE BIGWIGG NEWS AND SOCIAL NETWORK
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING BIGWIGG AND THE ASSOCIATED MATERIALS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS THIS SITE. YOUR USE OF THE SITE AND ASSOCIATED MATERIALS INDICATES YOUR AGREEMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS.
The web site at https://bigwi.gg and/or the associated mobile application are owned and operated by BIGWIGG. BIGWIGG reserves the right to revise these terms and conditions from time to time by updating this page located on the BIGWIGG website. Use of the information, services and products offered on the BIGWIGG web site and through its mobile app is expressly conditioned upon acceptance of this agreement. By continuing to access the BIGWIGG Site, you represent that you have the authority and capacity to enter into this agreement and to abide by all of the most recent terms and conditions of this agreement. You also agree to abide by the BIGWIGG Code of Conduct.
BIGWIGG grants you a non-exclusive, non-transferable, limited right to access, use and display the materials available on the BIGWIGG Site (“Materials”). In exchange, you agree that BIGWIGG has only limited liability for damages you may incur as a result of visiting the BIGWIGG Site. You may use the Materials only in accordance with the terms and conditions set forth herein. You may not remove any proprietary notices from the Materials at any time. You may make no use of Materials not expressly authorized herein or by prior express written authorization from BIGWIGG. This license does not grant you any rights to any software enhancements or updates of any kind. All Materials included at this web site are for the private use by visitors only. BIGWIGG intends no other uses and any other use is strictly prohibited.
Prohibited Uses, Persons or Organizations
BIGWIGG is a site for families and law-abiding citizens. BIGWIGG retains the right to refuse to provide its services to any site or user that seeks to or does: victimize or harass; infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party; upload nudity, violent material, offensive subject matter or a link to an adult website; use software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; constitute, encourage or provide instructions for a criminal offense, violate the rights of any person (including without limitation rights of privacy and publicity), or otherwise create liability or violate any local, state, national or international law; use content the user or site does not have a right to access under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or use content that is, in BIGWIGG’s sole judgment, objectionable, or which may expose BIGWIGG, its owners, agents, users or members to any harm or liability of any kind.
Specific Prohibitions (violators subject to removal and banning):
- Terrorists and/or terrorist organizations (recognized domestic or foreign terrorist organizations)
- Incitement to violence, doxing, human trafficking, animal cruelty
- Defamation, Libel and Slander
- you can attack actions, but not insult the person
- you cannot lie with the intent to harm someone
- Pornography, Obscenity or Indecency
- Intellectual Property Violations (copyright, trademark, etc)
- Glorification of illegal drug use
- Encouragement of any other criminal activity
- SPAM and/or unsolicited advertisement
Agreement to Hold Harmless
You agree to indemnify and hold BIGWIGG , its members, subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth within.
You agree that BIGWIGG does not have any liability for any delays, omissions, inaccuracies or failures relating to products or services not directly provided by BIGWIGG. You agree that access and use of BIGWIGG Site and the Materials is at your own risk and that you will be solely responsible for information transmitted. Neither BIGWIGG nor any other party involved in providing the BIGWIGG Site to the Internet community shall be liable for any direct, incidental, consequential, indirect or punitive damages or damages of any kind arising out of any access, use or inability to use the BIGWIGG Site, or any errors or omissions in the content found therein, whether alone, or with or under the authority of, any other person, including, without limitation, any governmental agency or agencies. In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, BIGWIGG total liability to any one user for all damages, losses, or causes of action shall not exceed $100.00. You agree to indemnify and hold harmless BIGWIGG , its owners and agents from and against any and all liability and costs incurred in connection with any claim arising out of any breach by you, including, without limitation, loss of revenue, loss of property, fines, and/or attorneys’ fees and costs, including, without limitation, damages resulting from government prosecution, seizure, forfeiture, and/or injunction. BIGWIGG is not responsible for any damages, including damages that result from, but are not limited to, negligence.
BIGWIGG will use reasonable efforts to include only accurate and up to date information on this web site, but it makes no warranties or representations about accuracy. Neither BIGWIGG nor any of its agents makes any warranties, express or implied, about results obtained from use of any information found on this web site. You agree that BIGWIGG does not have any liability for any delays, omissions, inaccuracies or failures relating to products or services not directly provided by BIGWIGG. Neither BIGWIGG nor any of its online service providers shall have any liability for the actions of advertisers, partners or users of the site, or for the contents of any advertisements, or for assertions or omissions therein. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
Other Terms
THIS SERVICE IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT.
BIGWIGG offers no assurance of uninterrupted or error free service. BIGWIGG does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained on this web site. BIGWIGG may change any of the information found at this site at any time without notice. BIGWIGG makes no commitment to update the information found at this site. BIGWIGG may provide you with notices by email or postings on the BIGWIGG Site.
You acknowledge and agree that all Materials contained at this web site are proprietary and constitute valuable intellectual property. You acknowledge and agree that as such, you may only access, view, download, receive and otherwise use the Materials available at this web site only as authorized by BIGWIGG.
Interpretation and enforcement of this agreement shall be governed by the laws of the state of California. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You consent to personal jurisdiction in the federal and state courts of Santa Clara County, California, for any action arising out of or relating to your use of the BIGWIGG Site. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorneys’ fees.
In the event any portion of this agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
You agree to use the BIGWIGG Site services and Materials in a manner consistent with any and all applicable laws and regulations.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy web pages or the content contained therein without the prior expressed written permission of BIGWIGG. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the BIGWIGG Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the BIGWIGG Site.
Access to the site beyond the landing page of https://bigwi.gg is restricted to those who have received log-in credentials directly from BIGWIGG. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. Your username and/or password may not be assigned or transferred to any other person or entity. You may not use anyone else’s account at any time. You agree that, upon becoming aware that your password or account is (or possibly is) being used without authorization, you agree to immediately notify BIGWIGG. You must promptly inform BIGWIGG of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password. You agree to indemnify, defend and hold harmless BIGWIGG, its affiliates and their respective officers, employees, directors, consultants, and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees and costs) arising from your use of Materials, your violation of this agreement or your infringement (including, without limitation, your dissemination of any information on the BIGWIGG Site), or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
Users are prohibited from violating or attempting to violate the security of the BIGWIGG Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which such user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with the BIGWIGG Site or its services, including, without limitation, via means of submitting a worm, viruses or other harmful, disruptive or destructive files, code or programs to the BIGWIGG Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or (f) any unauthorized “reverse engineering” of the BIGWIGG mobile phone application by any means.
Violations of security of the BIGWIGG Site may result in civil or criminal liability. BIGWIGG may investigate such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Users agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the BIGWIGG Site or mobile phone application or any activity being conducted on or via the BIGWIGG Site.
You agree that any communication or material transmitted to BIGWIGG via this web site, mobile phone application, or Internet email is not confidential and that your communications may be read or intercepted by others. Communication or material sent to BIGWIGG, its owners or agents may be used in any manner BIGWIGG sees fit, whether posting, publication, reproduction, broadcast or submission to proper legal authorities.
When requested, BIGWIGG will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the BIGWIGG Site or Materials, use of the BIGWIGG Site, or access to the BIGWIGG Site.
You agree that BIGWIGG may, without prior notice, immediately terminate your BIGWIGG account and access to the BIGWIGG Site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this agreement, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the web site (or any part thereof), (e) unexpected technical or security issues or problems, (F) inappropriate content uploaded from your account, and (g) extended periods of inactivity. Termination of your BIGWIGG account includes (a) removal of access to all offerings within the web site, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and/or (c) barring further use of the web site. Further, you agree that all terminations for cause shall be made in BIGWIGG’s sole discretion and that BIGWIGG shall not be liable to you or any third-party for any termination of your account or access to the BIGWIGG Site. If BIGWIGG terminates this agreement for your breach or violation of any provision of this Terms of Use agreement, you agree to immediately destroy any information or materials you have downloaded, printed or otherwise copied from this site. BIGWIGG reserves all other rights coincident or related to this site, including the right to payments owed. Violations of these terms of use shall result in liquidated damages of One Thousand Dollars ($1,000) per violation, as breach of this contract. You agree to be personally liable for all charges incurred by you during or through use of the BIGWIGG Site or mobile phone application. Your liability for such charges shall continue after termination of your account for any reason.
The failure of BIGWIGG to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this agreement remain in full force and effect.
By sending information, you grant BIGWIGG a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display such content throughout the world in any media. By submitting information you also represent and warrant that that the content is accurate; you own or have permission to use the content that you submit; and that use of the content will not cause injury to any person or entity. You agree to indemnify and hold harmless BIGWIGG and all its agents for any liability arising from your submitted information.
BIGWIGG is a trademark and may be used publicly only with express written permission. Other trademarks and service marks featured on the BIGWIGG Site are displayed pursuant to licenses obtained from the owners and/or holders of those trademarks and service marks, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.
Materials on this web site are protected by copyright and are protected under treaty provisions and worldwide copyright laws. Materials contained in any part of this web site may not be reproduced, copied, edited, published, transmitted or uploaded in any way without the written permission of BIGWIGG or other appropriate copyright owner. Except as expressly stated in this agreement, BIGWIGG does not grant any express or implied right for any of its trademarks, service marks, copyrights or other proprietary information.
This site contains links to sites which are controlled by third parties. Those linked sites are not under the control of BIGWIGG, and BIGWIGG is not responsible for the contents of any linked site or any link contained in a link site. BIGWIGG is providing those links to you only as a convenience, and the inclusion of any link does not imply endorsement by BIGWIGG of any linked site.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through BIGWIGG, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that BIGWIGG shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on BIGWIGG.
You agree that you will not seek and that BIGWIGG need not provide any refund of payments made through the BIGWIGG Site or its associated mobile phone application.
This agreement represents the entire agreement between you and BIGWIGG, and supersedes any and all other communications, prior, contemporaneous or subsequent, and any course of performance or course of dealing, except as modified by revision of this page, agreements made for the purpose of accessing the members’ area of the site, or in writing signed by an authorized agent of BIGWIGG. The BIGWIGG Privacy Statement is herein incorporated by reference.
Please continue to browse the BIGWIGG Site only if you agree to these Terms and Conditions. If you do NOT agree, please do not continue.