PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
1. Acceptance of Terms of Use and Amendments
By using this website (the “Site”), you signify your acceptance of these terms and conditions of use (“Terms of Use”). If you do not agree to all of these Terms of Use, do not use this Site. In addition, if you are using a particular service on this Site or accessed via this Site (each a “Service”), you will be subject to any rules or guidelines applicable to such Service, and they will be incorporated by reference within these Terms of Use or otherwise disclosed to you. Please read the Site’s Privacy Policy, which is incorporated within these Terms of Use by reference.
Big Finish Games may revise these Terms of Use at any time. Your continued use of this Site will mean you accept those changes, and you will comply with all applicable laws and regulations. The materials provided on this Site are protected by law, including but not limited to, United States copyright laws and international treatises.
2. Site Services
This Site and the Services provided to you on and via this Site are provided on an “AS IS” basis. You agree that Big Finish Games reserves the right to modify or discontinue provision of this Site and its Services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability to you. Big Finish Games will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
3. Your Responsibilities and Registration Obligations
In order to use this Site or certain parts of it, you may be required to register for a user account on this Site; in this case, you agree to provide truthful information when requested, and — if a minimum age is required for eligibility for a user account — you undertake that you are at least the required age. By registering for a user account, you explicitly agree to this Site’s Terms of Use, including any amendments.
4. Privacy Policy
Registration data and other personally identifiable information that the Site may collect is subject to the terms of the Privacy Policy.
5. Registration and password
You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or username, whether authorized or not authorized by you. You agree to immediately notify Big Finish Games of any unauthorized use of your user account, username or password.
6. Site Conduct
The content on this Site, such as text, software, code, music or sound, photographs, graphics, images, illustrations, video, trademarks, trade names, service marks, logos or other materials (“Content”), made available publicly or privately, is protected by copyright under United States and foreign laws. Title to the Content remains with Big Finish Games or its licensors. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Except as stated herein, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Big Finish Games or its licensors. Big Finish Games authorizes you to view and download a single copy of the Content solely for your own lawful, personal, non-commercial use if you include the following copyright notice: “Copyright © [year], Big Finish Games. All rights reserved” and retain other copyright and proprietary rights notices which were contained in the Content. Any special rules for the use of other items provided on the Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to Big Finish Games and its licensors. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
By using this Site or any Service provided on or through the Site, you explicitly agree that:
(a) you will not provide any Submission (as defined below) to the Site or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortuous; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this Site or any Service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
(b) you will not “mirror” any Content on this Site or use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with another party’s use and enjoyment of the Site;
(c) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any Submission or material provided by you;
(d) you will not collect or harvest any information about other users or attempt to gain unauthorized access to the Site through hacking, password mining or any other means;
(e) you will not provide, and you will not use this Site to provide, any material or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this Site to promote or operate any service or material without Big Finish Games’s prior written consent;
(f) you will not provide any Submission that may give rise to Big Finish Games being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including — but not limited to — laws relating to copyrights, trademarks, patents, or trade secrets.
7. User Submissions on this Site
Big Finish Games does not claim any ownership of any information or material a user provides to Big Finish Games or posts, uploads, inputs, submits, or transmits to this Site (“Submission”). By providing any material to this Site:
(a) you agree that you grant Big Finish Games a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and create derivative works of and compilations including, in whole or in part, the Submission. Notwithstanding the foregoing, Big Finish Games is not required to use any Submission. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant Big Finish Games the license specified in this section 7;
(c) you acknowledge and agree that Big Finish Games will have the right (but not obligation), at Big Finish Games’s entire discretion, to refuse to publish, to remove, or to block access to any Submission you provide, at any time and for any reason, with or without notice;
(d) you are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submission(s).
Big Finish Games is not responsible for the consequences of any Submission. Big Finish Games is not responsible for screening or monitoring Submissions made to this Site by users. If notified by a user of a Submission allegedly in violation of these Terms of use, Big Finish Games may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. Big Finish Games will have no liability or responsibility to users for performance or nonperformance of such activities.
Big Finish Games reserves the right (but is not obligated) to: (a) record the dialogue on the Site; (b) investigate an allegation that a Submission does not comply with these Terms of Use and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms of Use; (d) terminate a user’s access to any or all parts of the Site upon any breach of these Terms of Use or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Site, regardless of whether such Submission violates these Terms of Use.
8. Third-party services
Goods and services of third parties may be advertised and/or may be made available on or through this Site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. Big Finish Games will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
9. Indemnification
You agree to indemnify and hold harmless Big Finish Games and Big Finish Games’s representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this Site or Service, your Submission, your violation of these Terms of use, or any other violation by you of the rights of another person or party.
10. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND OF ANY CONTENT PROVIDED (“SERVICE”) IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU “AS IS”, AND BIG FINISH GAMES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
BIG FINISH GAMES MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER BIG FINISH GAMES NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT BIG FINISH GAMES WILL NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BIG FINISH GAMES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BIG FINISH GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON OR THROUGH THE SITE OR SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING THE SITE OR SERVICES, OR (V) ANY OTHER MATTER RELATING TO THE SITE OR SERVICES.
In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.
12. Reservation of Rights
Big Finish Games reserves all of its rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Big Finish Games may have in respect of this Site, its Content, and goods and services that may be provided. The use of Big Finish Games’s rights and property requires Big Finish Games’s prior written consent. By making the Site or Services available to you, Big Finish Games is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this Site or Services without Big Finish Games’s prior written consent.
13. Notification of Copyright Infringement
If you believe that any Submission uses your property in any way that could be considered a copyright infringement or a violation of your intellectual property rights, the you may request removal of those materials from tis Site by contacting Big Finish Games (address identified below) and providing the following information:
(a) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
(b) Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission.
(c) Your name, address, telephone number, and (if available) email address.
(d) A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.
(e) A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative.
(f) A signature or the electronic equivalent from the copyright holder or authorized representative.
Big Finish Games’s contact information for copyright issues relating to this Site is can be found HERE.
14. Applicable Law
You agree that these Terms of Use and any dispute arising out of your use of this Site or products or Services provided will be governed by and construed in accordance with the laws of the State of Utah without regard to its conflict of law provisions or choice of law rules. You and Big Finish Games hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of Utah for the adjudication or disposition of any claim, action or dispute arising out of these Terms of Use.
15. Miscellaneous Information
(i) In the event that any provision of these Terms of use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms of Use will not be considered to be a waiver of that party’s right, and the said right will remain in full force and effect; (iii) You agree that any claim or cause in respect of this Site or its Services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (iv) Big Finish Games may assign the its rights and obligations under these Terms of Use; in this event, Big Finish Games will be relieved of any further obligation.
16. Contact
For any comments and/or questions regarding the Site and/or these Terms of Use, please contact Big Finish Games.