Last Updated: February 09, 2023 at 07:36 AM
BY USING OUR WEBSITE YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
2. Interpretation: In the Terms of Service:
a. we refer to our website as the “Website” including when accessed via the URL www.bigsummit.co or via any web browser;
b. references to "we", "our", "us" are references to BIG [Business Inside the Game, LLC], the operator of the Website;
c. "Content" means any material uploaded to the Website by you or any permitted party, including videos, audio (e.g., music and other sounds), livestream material, data, text (i.e., comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever
e. "United States" means the United States of America; and
f. "User" means any user of the Website, (also referred to herein as "you" or "your").
3. Who we are and how to contact us: the Website is operated by BIG. We are a limited liability company located at 4851 W. Jefferson Blvd. Los Angeles, CA 90016; firstname.lastname@example.org
4. How we may change the Terms of Service: We may change any part of the Terms of Service without telling you beforehand in the following circumstances:
a. to reflect changes in laws and regulatory requirements which apply to the Website, and the services, features and programs of the Website where such changes require the Website to alter its terms and conditions in a manner which does not allow us to give reasonable notice to you; and
b. to address an unforeseen and imminent danger related to defending the Website from fraud, malware, spam, data breaches or other cybersecurity risks.
We may also make other changes to any part of the Terms of Service, and we will give you reasonable notice of such changes. Once any updated Terms of Service are in effect, you will be bound by them if you continue to use the Website.
5. We may make changes to or suspend or withdraw the Website: We may update and change the Website from time to time for any reason, including to reflect changes to our services, Users' needs and our business practices or to improve performance, enhance functionality or address security issues. We will try to give you reasonable notice of any major changes. We do not guarantee that the Website, or any Content on it, will always be available or accessible without interruption. We may suspend or withdraw or restrict the availability of all or any part of the Website for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.
6. Registering with the Website: To use the Website, you must first register and create a User account on the Website. You must provide a valid email address, a username and a password, or authenticate using a valid Twitter, Facebook or Google account. Your password should be unique (meaning that it is different to those you use for other websites) and must comply with the technical requirements of the Website for the composition of passwords. To register as a User:
a. you must be at least 18 years old, and you will be required to confirm that you meet the age requirement.
b. if the laws of the country, State or province in which you reside provide that you can only be legally bound by a contract with us if you are at least 18 years of age or older, then you must be old enough to be legally bound by a contract with us under the laws of the country, State or province in which you reside; and
c. you must not be barred from accessing our platform under any laws which apply to you.
If you do not meet the above requirements, you may not access or use the Website.
d. we reserve the right to reject any applicant who applies for access to this Website for any reason whatsoever that is legally permitted, including prior improper or current improper behavior on, and without limitation, non – related websites, fines from the SEC, or otherwise. We are not required to verify, confirm or otherwise research the prior behavior or history of any applicant to this website (and as a matter of practice will not normally), and no User should rely on any statements made by any other User as being truthful or accurate or the individual making such statements as having been vetted by BIG in any way.
7. Your commitments to us: When you register with and use the Website, you make the following commitments to us:
a. If you previously had an account with the Website, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.
b. You will make sure that all information which you submit to us is truthful, accurate and complete.
c. You will update promptly any of your information you have submitted to us as and when it changes.
d. You consent to receiving communications from us electronically, including by way of email and messages posted to your Website account, and the processing of your personal data.
e. You will keep your account/login details confidential and secure, including your user details, passwords and any other piece of information that forms part of our security procedures, and you will not disclose such information to anyone else. You will contact our service department promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session, and to use special care when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
f. You are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account.
8. Rights we have, including to suspend or terminate your account:
a. We can but we are not obligated to moderate or review any of your Content to verify compliance with the Terms of Service and/or any applicable law.
b. It is our policy to suspend access to any Content you post on the Website which we become aware may not comply with the Terms of Service. Following our investigation of the suspected non-compliance or unlawfulness of the relevant Content, we may take any action we consider appropriate, including to reinstate access to the Content or to permanently remove or disable access to the relevant Content without needing to obtain any consent from you and without giving you prior notice. You agree that you will at your own cost promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by you arising from those steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of your Content under this section.
c. If we suspend access to or delete any of your Content, we are not obligated to give you prior notice of such removal.
d. We reserve the right in our sole discretion to terminate your agreement with us and your access to the Website for any reason by giving you 15 days notice by email or electronic message to your account. We may also suspend access to your User account or terminate your agreement with us and your access to the Website immediately and without prior notice:
§ if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service (including in particular our Acceptable Use Policy), or if you attempt or threaten to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User; or
§ if you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of the Website. An example of such breach of these Terms of Service would be your promoting a particular stock secretly owned by you in order to “pump and dump” that stock (e.g. inflate, or cause to inflate, a stock price and then sell your own shares at an artificially inflated price).
If we suspend access to your User account or terminate your agreement with us and your access to the Website we will make such information available to you.
e. We can investigate any suspected or alleged misuse, abuse, or unlawful use of the Website and cooperate with law enforcement agencies in such investigation.
f. We can disclose any information or records in our possession or control about your use of the Website to Federal, State and Local and other law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, or in response to a court order.
g. All rights in and to the Website and its entire contents, features, databases, source code and functionality, are owned by us and/or our licensors. Such material is protected by copyright, and may be further protected by trademark, trade secret, and other intellectual property laws.
h. We are the sole and exclusive owners of any and all anonymized data relating to your use of the Website and such anonymized data can be used by us for any purpose, including for commercial, development and research purposes.
9. What we are not responsible for: We will use reasonable care and skill in providing access to the Website to you, provided that we are not responsible for, including and without limitation, the following:
a. We do not authorize or approve Content on the Website, and views expressed on the Website do not necessarily represent our views. Any comments, review or other expressions of support or affirmation as to any particular financial program, investment opportunity or the like are strictly the views of the applicable Users, and do not necessarily express the opinions of BIG.
b. We do not grant you any rights in relation to Content.
c. We are not responsible for reviewing or moderating Content, and we do not select or modify the Content that is stored or transmitted via the Website. We are under no obligation to monitor Content or to detect breaches of the Terms of Service
d. You agree that you have no obligation to follow any suggestions, comments, reviews or instructions received from another User and that if you choose to do so, you do so entirely at your own risk.
e. The information regarding Content which we make accessible on the Website for Users are for general information only. We make no promises or guarantees about the accuracy or truthfulness of such information, or that Users will achieve any particular result or outcome from adhering to or following such information.
f. We do not promise that the Website is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access the Website. You should use your own virus protection software.
g. We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of the Website.
h. While we attempt to ensure that Website is secure and free from bugs and viruses, we do not promise or otherwise guarantee that it will be and have no control over the Content that is supplied by Creators.
i. We are not responsible for any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.
j. You acknowledge that once your Content is posted on the Website, we cannot control and will not be responsible to you for the use which other Users or third parties make of such Content. You can delete your account at any time, but you acknowledge that deleting your account will not of itself prevent the circulation of any of your Content which may have been recorded by other Users in breach of the Terms of Service or by third parties prior to the deletion of your account.
10. Property rights – ownership and licenses:
a. You agree to grant us a license with regard to all your Content to perform any act otherwise restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of the Website. Such acts include the right to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content, and otherwise deal in your Content.
b. The license which you grant to us under sub-section (a) of this paragraph 10 is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. This means that the license will continue even after your agreement with us ends and you stop using the Website, that we do not have to pay you for the license, and that we can grant a sub-license of your Content to someone else or assign or transfer the license to someone else. This license will allow us, for example, to add stickers, text, and watermarks to your Content, to make your Content available to other Users of the Website, as well as to use your Content for other normal operations of the Website. We will not sell your Content to other platforms, though we may sell or transfer any license you grant to us in the Terms of Service in the event of a sale of our company or its assets to a third party.
c. Whilst we do not own your Content, you grant us the limited right to submit notifications of infringement (inclusive of copyright and trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your Content without your permission. Although we are not under any obligation to do so, we may at any time submit or withdraw any such notification to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police infringements of your Content. You agree that if we request, you will provide us with all consents and other information which we reasonably need to submit notifications of infringement on your behalf.
d. You waive any moral rights which you may have under any applicable law to object to derogatory treatment or mutilation of any Content posted by you on the Website. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or the rights which you have to prevent your Content from being copied without your permission. The waiver is intended to allow us when dealing with your Content (as permitted by the license which you grant us in section 10(a) above) to add watermarks, stickers or text to your Content.
11. How do I delete my account? If you want to delete your Website account then you may do so in the 'User Account' section of your Website account.
12. Who is responsible for any loss or damage suffered by you?
a. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes (i) liability for death or personal injury caused by our negligence (but specifically excluding the negligence of Users), and (ii) fraud or fraudulent misrepresentation which we commit (but specifically excluding the fraud or fraudulent misrepresentation of Users).
b. You agree that:
§ We and our subsidiary companies, employees, owners, representatives, and agents will not be liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings suffered by you arising from or in connection with your use of the Website. Any loss you may suffer as a result of investing in a business or investment opportunity or by following the advice of User provided Content and set out on this Website shall be your sole responsibility, we do not promote or advise entering into any investment opportunity mention on the Website, it is your responsibility to investigate on your own the advisability of making such investment. If you read about an investment on our website but for technical or other reasons are unable to make such investment, we are not responsible for any lost profits you may suffer as a result of not making such investment.
13. General: You agree that:
a. If any aspect of your agreement with us is unenforceable, the rest will remain in full force and effect as if the unenforceable provision was not included in the agreement.
b. If we fail to enforce any aspect of your agreement with us, it will not constitute a waiver;
c. We reserve all rights not expressly granted to you.
d. No implied licenses or other rights are granted to you in relation to any part of the Website, save as expressly set out in the Terms of Service.
e. Your agreement with us does not give rights to any third parties.
f. You cannot transfer your rights or obligations under your agreement with us without our prior written consent.
g. Our rights and obligations under your agreement with us can be assigned or transferred by us to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such obligations.
h. The Terms of Service form the entire agreement between us and you regarding your access to and use of the Website, and supersede any and all prior oral or written understandings or agreements between us and you.
14. Terms relating to disputes – the law which applies to your agreement with us and where disputes and claims concerning the Website (including those arising from or relating to your agreement with us) can be brought:
a. For All Users: Your agreement with us is governed by the laws of the State of California, and if applicable the federal laws of the United States America which are applicable to citizens of the California entering into agreements to be wholly performed in California. Unless otherwise indicated herein the State and Federal courts located in Los Angeles City, State of California, shall have sole and exclusive jurisdiction over any dispute between you and the operator of the Website and the foregoing will apply to any claim you have against us or we have against you that arises out of or in connection with your agreement with us (including non-contractual disputes or claims). You will also be able to rely on mandatory rules of the law of the country where you live. You hereby agree to such choice of laws and jurisdiction.
b. Limitation period for bringing claims: Except where prohibited by applicable law, any claim or cause of action which you have concerning the Website (including those arising out of or related to your agreement with us) must be filed within one year after the date on which such claim or cause of action arose or the date on which you learned of the facts giving rise to the cause of action (whichever is the earlier), or be forever barred.
ACCEPTABLE USE POLICY
BY USING OUR WEBSITE YOU AGREE TO THIS POLICY – PLEASE READ IT CAREFULLY
This Policy applies to your use of the Website and all Content on the Website and forms part of your agreement with us. This Policy sets out what is and is not permitted on the Website
1. Do not use the Website except for your own personal use and do not sell, rent, transfer, or share your account or any Content obtained from your use of the Website to or with anyone else.
2. Only use the Website in a manner and for a purpose that is lawful.
3. Do not upload, post, display, or publish Content on the Website that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening or harassing, or which encourages or promotes any illegal activity.
4. Do not use the Website in any way which may exploit, harm, or attempt to exploit or harm any individual, for example by promoting financial or other investment opportunities for third party fees or to further your own financial well-being, or that:
a. contains or refers to anyone else's personal data or private or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for the Website including passwords and security questions, financial information including bank account and credit card details, biometric data, and medical records) without that person's express written consent;
b. gives the impression that it comes from or is approved, licensed or endorsed by us or any other person or company;
c. involves or promotes third party commercial activities or sales, such as contests, sweepstakes and other sales promotions, product placements, advertising, or job posting or employment ads without our prior express consent without disclosing any financial interest you have in doing so.
5. Do not use the Website to stalk, bully, abuse, harass, threaten or intimidate anyone else.
6. Do not use the Website to engage in misleading or deceptive conduct or conduct that is likely to mislead or deceive any other User.
7. Respect the intellectual property rights of Creators, including by not recording, reproducing, sharing, communicating to the public or otherwise distributing their Content without authorization.
8. Do not do anything that violates our or someone else's rights, including intellectual property rights (examples of which are copyright, trademarks, confidential information, and goodwill), personality rights, unfair competition, privacy, and data protection rights.
9. Do not impersonate us, one of our employees, another User, or any other person or company or falsely state or suggest any affiliation, endorsement, sponsorship between you and us or any other person or company.
10. Do not provide false account registration information or make unauthorized use of anyone else's information or Content.
11. Do not post or cause to be posted any Content which is spam, which has the intention or effect of artificially increasing any Creator's views or interactions, or which is otherwise inauthentic, repetitive, misleading or low quality.
12. Do not transmit, stream, or otherwise send any pre-recorded audio or video material during a live stream or otherwise attempt to pass off recorded material as a live stream.
13. Do not use other media or methods (for example the use of codewords or signals) to communicate anything which violates this Policy.
14. Do not reproduce, print, distribute, attempt to download, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as permitted under the Terms of Service.
15. Do not knowingly introduce any viruses, trojans, worms, logic bombs or other material into Content which is or may be malicious or technologically harmful.
16. Do not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of the Website.
17. Do not use the Website in a way that could adversely affect our systems or security or interfere with any other User’s use of the Website, including their ability to engage in real time activities through the Website.
18. Do not use any automated program, tool or process (such as web crawlers, robots, bots spiders, and automated scripts) to access the Website or any server, network or system associated with the Website, or to extract, scrape, collect, harvest or gather Content or information from Website.
19. Do not use the Website’s' name, logo or any related or similar names, logos, product and service names, designs, or slogans other than in the limited ways which are expressly permitted in the Terms of Service or with our prior written agreement.
Breaches of this Policy may lead to your account being suspended or terminated, and access to your earnings being revoked, as set out in the Terms of Service.
1. Introduction: This document set out our complaints policy. If you are a User of the Website, this Complaints Policy forms part of your agreement with us.
2. Who we are and how to contact us: the Website is operated by BIG Attn: customer service; email@example.com
4. Who can use this Complaints Policy? Whether or not you are a User of the Website, you can use this Complaints Policy to alert us to any complaint which you have relating to the Website.
5. How to make a complaint: If you have a complaint about the Website (including any complaint about Content appearing on the Website or the conduct of a User), please send your complaint to BIG with your name, address, contact details, a description of your complaint and, if your complaint relates to Content, the URL for the Content to which your complaint relates.
If you are unable to contact us by email, please write to us at the following address: 4851 W. Jefferson Blvd. Los Angeles, CA 90016
6. How we will deal with your complaint: Following receipt of your complaint under section 5 above:
a. we will take such steps as we consider to be appropriate to investigate your complaint within a timescale which is appropriate to the nature of your complaint;
b. if we require further information or documents from you, we will contact you to let you know;
c. we will in good faith take such actions as we consider appropriate to deal with the issue which your complaint has raised. If you have complained about Content which appears on the Website and we are satisfied that the Content is unlawful or otherwise breaches ourwe will act quickly to remove such Content.
We are not obligated to inform you of the outcome of your complaint.
7. Unjustified or abusive complaints: If you are a User of the Website, you warrant (which means you make a legally enforceable promise) that you will not make any complaint under this Complaints Policy which is wholly unjustified, abusive, or made in bad faith. If we determine that you have breached this warranty, we may suspend or terminate your User account.
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