Terms and Conditions of Use for BigGalu ("BigGalu")
1. Acceptance of Terms and Conditions
Access to this Site and its Services(the "Services") is provided by BigGalu subject to the following Terms and Conditions and our Privacy Statement. Any reference in these Terms and Conditions to BigGalu shall be deemed to be a reference to BigGalu, its partner sites and any other site or URL on which the Services are made available by BigGalu from time to time. By completing the registration process and checking the "I AGREE TO THE Terms of Use" checkbox on the registration screen, you agree to be bound by these Terms and Conditions and to use the Service in accordance with all applicable laws and regulations. You should read these Terms and Conditions carefully before registering and if you do not agree to these Terms and Conditions and our Privacy Statement you should not register for the Service.
2. Modifications to these Terms of Conditions
BigGalu reserves the right to modify these Terms and Conditions from time to time at its sole discretion and will post any changes on line. We suggest that you click on the "Terms and Conditions" icon periodically for the purposes of reviewing any changes to these Terms and Conditions. It is your responsibility to do this and your continued use of the Service after any such changes are posted will signify your acceptance of such changes.
3. Privacy
Subject to your full compliance with these Terms and Conditions, BigGalu will keep confidential all personal information supplied by you to BigGalu including your name, address, email address or telephone number and shall use or disclose such information only for the purposes for which such information was collected or as required by law. BigGalu may use your contact information provided by you on the registration form to send you information about new services and features of interest. If you do not wish to receive future information about these services you should tick the box below provided for this purpose. However, BigGalu retains the right at all times to contact you in relation to the Service. BigGalu shall use its best endeavors to keep confidential any emails privately posted by you to other users that are not otherwise accessible to the public and to maintain your privacy and anonymity while using the Service but you acknowledge and confirm by your registration that BigGalu cannot ensure security or privacy of any information you provide through the Internet and that you do not rely upon any warranty expressed or implied to the contrary (which is hereby denied). Please see our Privacy Statement for more detailed information concerning confidentiality.
4. Membership
This Service is intended for all ages.
5. Modifications to Service
BigGalu may, at its absolute discretion, limit your right to use the Service from time to time by imposing limits, conditions and/or restrictions in connection with the Service. BigGalu reserves the right to alter, modify or discontinue temporarily or permanently any aspect of the Service with or without notice to you. You agree that BigGalu shall not be liable to you or any third party for any limitation, modification or discontinuance of the Service.
6. Online Conduct
As a user of the Service, you agree:
(a) to abide by all of the Terms and Conditions herein;
(b) to provide true and correct information about yourself in the registration process and you agree that you alone are solely and personally responsible for the content and/or information which you communicate, transmit, send, publish or display (hereinafter "post") on the Service or to any other users of the Service or to allow others to post any content and/or information on the Service on your behalf;
(c) not to post or use the Service to distribute material (including but not limited to text, graphics, video, programs or audio) that is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable, or that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
(d) not to post any photos that you don't hold authorship or otherwise offensive material on any areas on the Site that are accessible to the public or to other users of the Site. BigGalu reserves the right, but has no obligation, to reject or remove any profile or photo that does not comply with these Terms and Conditions;
(e) not to post material that contains advertising or any form of commercial solicitation, and not to impersonate any other person or entity, including impersonating an employee or consultant of rsvp.ie;
(f) not to use the Service for the transmission of "junk mail", "spam", "chain letters" or unsolicited mass distribution of email;
(g) not to impersonate any other person, including but not limited to any other user of the Service, while using the Service;
(h) abide by all applicable local, state, national and international laws and regulations in your use of the Service and agree not to attempt to gain unauthorized access to other computer systems or networks connected to BigGalu;
(i) not to interfere with the use and enjoyment of the Service by other users; and
(j) not to transmit any material that infringes or violates the rights of another including but not limited to the intellectual property rights of another. You shall immediately notify BigGalu of any content information or material posted by others on the Service or to you of which you become aware which is in violation of the foregoing conditions but rsvp.ie shall not by reason of such notice be obliged to take any steps on foot thereof. BigGalu reserves the right to delete or remove any user content and to terminate your account if we become aware and determine, at our sole discretion, that you are violating any of the foregoing conditions.
7. Content
BigGalu, BigGalu Inc., their parents, subsidiaries, affiliates, partner sites, officers, employees or agents assume no responsibility for the deletion of or failure to store your content. Once your account is terminated in accordance with these Terms and Conditions, all of your content will be deleted without notice. By registering with us you grant us permission to publish your public data on the Site. In particular, users's public profiles may be featured on the Site from time to time without notice, for example, you may be listed in the Site's "most popular" list. You also grant us permission to use your data in accordance with our Privacy Statement. You agree and acknowledge that BigGalu may use partner sites for the provision of the Service from time to time and that such partner sites may have access to your data. BigGalu may run specialized parts of the Service and you agree that if you subscribe for these services you may be asked for more intimate details or information about yourself. BigGalu and BigGalu Inc. have no liability in relation to any such content or information.
8. Photos
On registration, you are asked to post your photo to BigGalu for use on the Site, although this is not compulsory. By posting your photo, you grant BigGalu permission to post your photo anywhere on the Site from time to time and/or forward your photo to other users at it's discretion.
9. Copyright
All rights, including copyright, database rights intellectual property rights and other moral rights in the Service and the Site or any data, content information or other material appearing thereon are owned by or licensed to BigGalu or BigGalu Inc. or otherwise used by BigGalu or BigGalu Inc. in accordance with United States of America law. Except as permitted in these Terms and Conditions, you undertake not to copy, publish, download, store in any medium (including in any other website) distribute, transmit, re-transmit, broadcast, modify or sell any contents or part of this Site. You also agree not to adapt, alter or create derivative work from any material contained in this Site or access or use the contents of this Site for any other purpose other than your personal non-commercial use.
10. Your Account and Password
You are responsible for maintaining the confidentiality of your user name and password. You are responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify BigGalu of any unauthorized use of your account by using the CONTACT US page.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THE SITE AND THE MATERIALS AVAILABLE ON OR THROUGHOUT THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY NATURE EITHER EXPRESSED OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW BigGalu EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SITE INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
BigGalu, BigGalu INC., THEIR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNER SITES, OFFICERS, EMPLOYEES OR AGENTS MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH IT. IN NO EVENT WILL BigGalu, BigGalu INC., THEIR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNER SITES, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OR LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. BigGalu, BigGalu INC., THEIR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNER SITES, OFFICERS, EMPLOYEES OR AGENTS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL ON THIS 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 BUGS OR REPRESENT THE FULL FUNCTIONALITY, ACCURACY OR RELIABILITY OF THE MATERIALS, THE NAMES, IMAGES AND LOGOS IDENTIFYING BigGalu, BigGalu INC, OR ANY OF THEIR PARENTS, SUBSIDIARIES, AFFILIATES PARTNER SITES, OFFICERS, EMPLOYEES OR AGENTS OR ANY THIRD PARTIES AND THEIR PRODUCTS OR SERVICES OR PROPRIETY MARKS OF BigGalu, BigGalu INC., OR ANY OF THEIR PARENTS, SUBSIDIARIES, AFFILIATES PARTNER SITES, OFFICERS, EMPLOYEES OR AGENTS AND/OR ANY SUCH THIRD PARTIES. NOTHING CONTAINED ON THIS SITE SHALL BE CONSTRUED AS CONFERRING BY IMPLICATION, ESTOPPEL OR OTHERWISE ANY LICENCE OR RIGHT OVER ANY TRADEMARK OR PATENT OF BigGalu, BigGalu INC., OR ANY OF THEIR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNER SITES, OFFICERS, EMPLOYEES OR AGENTS OR ANY SUCH THIRD PARTY.
UNDER NO CIRCUMSTANCES WHATSOEVER WILL BigGalu, BigGalu INC., OR ANY OF THEIR PARENTS, SUBSIDIARIES, AFFILIATES PARTNER SITES, OFFICERS, EMPLOYEES OR AGENTS BE RESPONSIBLE FOR ANY PERSONAL OR PSYCHIATRIC INJURY, DISTRESS, UPSET OR TRAUMA, LOSS OR DAMAGE RESULTING FROM YOUR USE OF THE SERVICE NOR FROM YOUR ACCESS TO TRANSMISSIONS POSTED BY OTHERS NOR RESULTING FROM YOUR RELIANCE UPON MATERIALS POSTED BY OTHERS ON THE SERVICE OR TO YOU OR OTHER USERS. BigGalu AND BigGalu INC. RESERVE THE RIGHT BUT HAS NO OBLIGATION TO MONITOR THE MATERIALS POSTED ON THE SERVICE AND RESERVES THE RIGHT TO REMOVE ANY SUCH MATERIAL AT ITS SOLE AND UNFETTERED DISCRETION. NOTWITHSTANDING BigGalu AND BigGalu INC'S RIGHTS IN THIS REGARD YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE SERVICE OR TO OTHER USERS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS AT YOUR OWN 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 SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THIS SITE INCLUDING ANY SECTION IN THIS SITE OFFERING HINTS OR OTHER INFORMATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN WHETHER OR NOT RELIED ON BY YOU AND YOU AGREE THAT YOU RELY ON SUCH INFORMATION AT YOUR OWN RISK. ANY INDIVIDUAL CLAIM BY YOU AGAINST BigGalu, BigGalu INC., THEIR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNER SITES, OFFICERS, EMPLOYEES AND AGENTS SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR MEMBERSHIP OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
12. Indemnification
You agree to indemnify and hold harmless BigGalu, BigGalu Inc. and their parents, subsidiaries, affiliates, partner sites, officers, employees and agents from any claim or demand or loss or damage or liability, including reasonable legal fees, made by any third party relating to or arising out of your use of the Service, the violation of these Terms and Conditions by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity. You further agree to indemnify and hold harmless BigGalu, BigGalu Inc., their parents, subsidiaries, affiliates, partner sites, officers and employees from any claim or demand, including reasonable legal fees made by any third party due to or arising from any off-line meeting with other users of the Site.
13. Termination of Membership
BigGalu reserves the right to refuse membership to anyone. BigGalu may terminate your membership and any and all information, communications, or postings at any time, without notice or liability, for breach of these Terms and Conditions or other policies or guidelines set out by BigGalu from time to time or for failure to promptly pay account fees. Any suspected fraudulent, abusive or illegal activity may be and can be grounds for termination of your account and may be referred to appropriate law enforcement authorities.
14. Off-Line Meetings
While we cannot regulate what happens between users once they decide to meet offline, we do take all complaints regarding offline behavior very seriously. Any off-line meeting between the users of this Site is purely the responsibility of each such user. If, also, at any time we feel that your continued use of the Service could lead to offline behavior that is harmful to other users or the business of BigGalu, we will cancel your account. Depending on the severity and/or number of complaints, we may or may not send you warning emails before cancelling your account.
15. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of the United States of America and the parities agree to submit to the exclusive jurisdiction of the United States of America courts.
16. Interpretation and Operation
If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These Terms and Conditions constitute the entire agreement between the parties pertaining to the subject matter hereof, and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.