Terms of Service - User Agreement
Last updated: 02.22.23
Welcome to BigEntertainment.co, a streaming entertainment service offered by Tumble Global LLC (“Company” or “We”). This website and its component features (referred to herein as "Service") are presented to you on the terms and conditions set forth below. By accessing the Service, you ("You") agree to be bound by each of the provisions herein stated, as may be revised from time to time.
By accessing or using the Service, you hereby expressly acknowledge and affirm that You have read, understood in full, agree with, and agree to be bound by, the following Terms of Service which constitute a legal agreement between You and the Company (the "Agreement"):
1. PRE-CONDITIONS FOR ACCESS TO SITE OR USE OF THE SERVICE
You must be of legal age to enter into binding agreements (such as this), meaning you must be at least 18 years of age (21 in some jurisdictions). By accessing or using this Service, You represent and warrant that you are of legal age in your jurisdiction and competent to enter into binding contracts. This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Website and to become a "Member." For purposes of this Agreement, the term "Member" means a person who provides information to the Company on the Website or to participate in the Service in any manner, whether such person uses the Service as a free member or a subscriber.
By using the Service, You expressly authorize the Company to communicate with you via electronic messaging, to the email address you have provided, regarding the Service, Service updates or information pertaining to the Service or your subscription.
2. GRANT OF LIMITED LICENSE
Subject to your compliance with this Agreement, we grant you a personal, non-exclusive, non-transferable, revocable limited license to access and view the streaming entertainment content available through the Service and, where applicable as regards to games offered through the Service, the further right to participate in such games according to their rules of play.
The entertainment content provided on or through the Service is protected by Copyright and may not be downloaded, copied, reproduced, transmitted, broadcast, displayed, sold, licensed or otherwise exploited by you for any purpose other than as strictly authorized herein (i.e., your personal viewing through the Service). All rights not expressly granted are reserved to Company and its licensors. Any violation of this prohibition will result expose you to severe civil fines and penalties, potentially including assessment of an award of attorneys’ fees and statutory damages against you.
3. MEMBER SUBSCRIPTIONS
Upon subscribing to membership to the Service, you hereby authorize the Company or its payment processing agent (as shown on the "join page" of the website) to charge your credit card (or other approved payment method) for periodic recurring subscription fees according to the then-current billing terms for the Service.
AUTOMATIC RECURRING BILLING: Monthly rates of your subscription will be automatically renewed at the rate specified on the site's JOIN page and your credit card (or other approved facility) will be charged at the then-current subscription rate unless you notify the Company that you are cancelling your subscription prior to the end of the preceding billing period. You are liable for any subscription charges incurred by you up to and until termination of the Service. >
You authorize Company or its payment processing agent to charge your credit card (or other approved facility) for any and all purchases of products or services made by you through the Service. You agree not to report as lost or stolen any credit card which you have used in conjunction with such payment to your issuing bank or to the Company or its payment agent for goods or services which you do not have good reason to believe is, in fact, lost or stolen. You will not falsely report - - as ‘unauthorized’ - - any charge for goods or services (including subscriptions) which you have, in fact, ordered from the Company.
4. CANCELLATIONS AND REFUNDS
Subscribers can cancel this service at any time by contacting our customer service agents. If you cancel your membership via the Site, we may ask you to provide a reason for your cancellation. If you cancel your subscription, the Company requires a reasonable amount of time to process the action. If you cancel a subscription, you will enjoy subscription benefits until the end of your then-current subscription commitment, following which your subscription benefits will expire. Canceling a subscription does not automatically cancel your membership. If you are a subscriber and you cancel your membership, unless you elect to hide your profile, you will continue to be a Member in the Service and others may view your profile. You can delete your profile from the "Account Settings" page or by contacting customer support.
REFUNDS: Those who are unhappy with the service may ask for a refund of the last month's charge. Should a refund be issued, ALL refunds will be credited to the credit card that was used to make the original purchase.
5. DEALINGS WITH ADVERTISERS/MARKETING PARTNERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, 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 the Company 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 and marketing partners on the Service.
6. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, use of or reliance on any such content, goods or services available on or through any such site or resource.
7. PROPRIETARY RIGHTS
You acknowledge that the computer code and programming comprising the Service and any necessary software used in connection therewith (the "Software") contain proprietary materials, including trade secrets and confidential information, that is protected by applicable intellectual property, statutory and other laws. You further acknowledge that content contained in sponsor advertisements or information presented through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Company, its licensors or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based, in whole or in part, on the Software, the content or sponsor advertisements, or information presented to you through the Service or advertisers.
You are granted a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single device at a time; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by the Company for use in accessing the Service.
8. INDEMNITY
You agree to indemnify and hold the Company, its members, managers, officers, employees, agents and representatives harmless from and against any claim or demand, including attorneys' fees, made by any third party due to or arising out of images, language or content you submit, post to, text or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Agreement, or your violation of any rights of another person or entity. You further agree that in the event of any action or claim brought against the Company due to or arising out of any images, language or content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Agreement or your violation of any rights of another, you will reimburse the Company for its reasonable attorneys' fees and costs incurred in the defense of such action or claim.
9. MODIFICATIONS TO SERVICE
You agree that the Company may at any time, in its sole discretion, modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof). You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
10. TERMINATION BY COMPANY
Notwithstanding the fact that Company is an Internet Service Provider as defined under federal laws, you acknowledge and agree that the Company, in its sole discretion, may at any time terminate your profile, your access to the Site, and/or remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of the Agreement or of any terms and conditions or rules posted on the site. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account (or any part thereof) and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that the Company shall not be liable to you or any third party for any termination of your access to, or removal of your information from, the Service.
11. DISPUTE RESOLUTION
All disputes arising out of or in connection with this Agreement or Your access to or use of the Site or any Service must be submitted to and settled under binding arbitration.
For U.S. Residents, because the Site and Service involve interstate commerce, the Federal Arbitration Act will govern arbitrability of all disputes. The arbitration will be conducted before the American Arbitration Association (AAA) before a single arbitrator as a single action and in no even as a class action. The arbitration will be held in the County of residence of the aggrieved party or conducted via telephone or teleconference from a mutually agreed location.
For non-US residents, arbitration will be held under the Rules of Arbitration of the International Chamber of Commerce before one arbitrator appointed in accordance with the said Rules. Arbitration shall take place in the United Kingdom or other mutually agreed upon location. In such event, this Agreement shall be governed by the laws of the England and Wales.
Each party shall be responsible for their share of arbitration costs and their own attorneys’ fees, unless the arbitrator determines the claim to be frivolous in which case costs and fees can be shifted in the award. The arbitrator’s decision and award may be entered and enforced in any court having jurisdiction.
12. NO CLASS ACTION
As a material inducement to Company's offering of the Site and Service to You, and for entering into this Agreement, You represent, warrant, covenant and agree that You shall not initiate, nor participate in - whether as a named plaintiff or as a member of any class of plaintiffs or aggrieved parties - any Class Action lawsuit or action, whether brought in a judicial proceeding or an arbitration proceeding, against Company and/or its directors, officers, shareholders, employees or agents arising out of or relating to this Agreement or the Site or any Service offered through the Site. It is hereby understood and agreed that damages may be an inadequate remedy in the event of a breach of this provision, and that any such breach will cause Company irreparable harm and damage. Accordingly, You acknowledge and agree that Company shall be entitled to immediate injunctive or other equitable relief and to attorneys' fees and costs, without waiving any additional rights or remedies available at law or in equity or by statute, in the event of actual or threatened breach of this provision by You.
13. SEVERABILITY
Should any section or provision of this Agreement, or part thereof, be rendered or declared invalid in any proceeding having jurisdiction over this Agreement, such invalidation shall not invalidate the remaining portions of this Agreement, and they shall remain in full force and effect.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS SITE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THISAGREEMENT.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR PERSONAL DAMAGES RESULTING FROM EMOTIONAL DISTRESS OR ANY OTHER HARM OR INJURY (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO INTERACTIONS OR COMMUNICATIONS FROM OR WITH ANY OTHER MEMBER OR PROFILE . THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE OR REASON WHATSOEVER SHALL BE AT ALL TIMES LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR YOUR USE OF THE SERVICE DURING THE TERM OF YOUR USE. YOU EXPRESSLY RELEASE AND HOLD COMPANY HARMLESS FROM AND AGAINST ANY CLAIM, WHETHER BASED IN TORT, CONTRACT, STATUTE, REGULATION OR ANY OTHER LEGAL THEORY, BASED ON OR ARISING FROM YOUR USE OF THE SITE OR YOUR COMMUNICATIONS WITH ANY PROFILE OR PERSON APPEARING ON THE SITE OR ANY COMMUNICATION WITH ANY PERSON WHATSOEVER THROUGH THE SERVICE.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
17. COPYRIGHT / DIGITAL MILLENNNIUM ACT
The Company respects the intellectual property rights of others, and we ask our members to do the same. You cannot post, reproduce or distribute copyrighted material unless you have received necessary rights under copyright to do so, which typically requires you to have obtained a written license from the copyright holder. If you believe that material in which you hold copyright or rights under copyright has been displayed, published or posted on the Site in a way that constitutes infringement, please provide the Company's Agent for receipt of notices of alleged copyright infringement (see below) the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your name, address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a written statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
The Company's Agent for Notice of claims of copyright infringement for the Site, under the Digital Millennium Copyright Act (DMCA) can be reached via email as follows: legal@bigentertainment.co.
18. MISCELLANEOUS
This Agreement, our Privacy Policy and any other policies posted on the Service, which such additional terms and policies are incorporated herein by reference, constitute the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company. Notwithstanding any law to the contrary, any claim or cause of action arising out of or related to your use of the Service or this Agreement must be formally initiated in arbitration or other mutually agreed upon legal forum within one (1) year after such claim or cause of action arose. You expressly acknowledge and agree that failure to so assert such claim or cause of action within said 1-year time period shall result in the claim or cause of action being forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.