These Terms of Service and all supplemental terms, as amended from time to time, govern your use of any online or mobile product or service to which you have access, any product or service that requires an Internet connection or Bigflix /Origin Account to access, install or play as well as any Bigflix / Origin Account you use to access online or mobile products or services ("Bigflix Services") offered by Big Flicks Private Limited or any of its subsidiaries and affiliates (collectively, "Bigflix") for PC, mobile device or any other system.
If you reside in India or in any other country, these terms are an agreement between you and Big Flicks Private Limited ("Bigflix"), a company registered in India under the Company Act 1956 having its registered address at 4th Floor, Maruti Chambers, 49/50 Veera Desai Extension Road, Off New Link Road, Andheri (W), Mumbai - 400 053, India and its correspondence address at 801/ 802, Grandeur Lotus, Captain Sawant Marg, Off. Veera Desai Road, Andheri (W), Mumbai - 400 053. If additional terms and/or agreements apply to the Bigflix Service(s) used by you, those additional terms and/or agreements govern your use of Bigflix Services as well.
You agree to check terms at https://www.bigflix.com/terms periodically for new information and terms that govern your use of Bigflix Services. Bigflix may modify the Terms of Service at any time. Revisions to terms affecting existing Bigflix Services shall be effective fifteen (15) days after posting at https://www.bigflix.com. Terms for new Bigflix Services are effective immediately upon posting of the same
USAGE OF USERNAME AND PASSWORD
During the Account creation, your username and password will be provided to you ("Login Information"). The following rules govern the security of your Login Information:
Bigflix reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party as rights.
Bigflix respects the intellectual property rights of others. You must have the legal right to upload Content to Bigflix Services. You may not upload or post any Content on Bigflix that infringes the copyright, trademark or other intellectual property rights of Bigflix or any third party, nor may you upload content that violates the law, this Terms of Service and/or any third party's right of privacy or right of publicity. You may upload only Content that you are permitted to upload by Bigflix. Bigflix may, without prior notice to you and in its sole judgment, remove Content that may infringe the intellectual property or other rights of Bigflix or a third party.
Contributing UGC to Bigflix License Grant to Bigflix and Others
When you contribute UGC to Bigflix, you expressly grant to Bigflix and its licensors a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant Bigflix and its licensors all licenses, consents and clearances to enable Bigflix and its licensors to use such UGC for such purposes. You waive and agree not to assert any moral or similar rights you may have in such UGC.
If the Bigflix Service on which you contribute UGC permits other users to access and use that UGC as part of the Bigflix service deliverables, then you grant all other users of the relevant Bigflix the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant Bigflix service without further notice, attribution or compensation to you.
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted under Section 1), and may subject you to liability for violations of law. Any attempt by you to disrupt or interfere with the service including undermining or manipulating the legitimate operation of any Apps of Bigflix is violation of Bigflix policy and may be a violation of criminal and civil laws.
You agree that you will not, under any circumstances:
You agree that you will not, under any circumstances:
You agree that you will not, under any circumstances:
Usage of the services of Bigflix require payment of a fee and which is required to paid through the modes as specified hereunder. You must pay the subscription or other fees to participate in these activities. Payment of subscription and other fees for particular services are as under: -
CANCELLATION OF YOUR ACCOUNT
You have the right to cancel your Account or a particular subscription at any time. If you do not agree to the terms in this Terms & conditions of Service, your sole remedy is to not use Bigflix and or Bigflix? Website / Services and to cancel your subscriptions or account. You understand and agree that the cancellation of your Account or a particular subscription shall not entitle Bigflix to refund any amounts to you and the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for Bigflix Services and/or any Content or Entitlements thereon shall be non ? refundable. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with Bigflix Services must be settled within 24 hours of due date.
TERMINATION OF BIGFLIX SERVICES
Bigflix may terminate access to any online or mobile products and/or Bigflix Services (and/or any portion thereof) at any time by giving you notice of such termination within the time period specified when you joined the particular Bigflix Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is either (at Bigflix? discretion) provided to you or is posted on the applicable product or Bigflix Service or on the website of Bigflix.
Bigflix may also terminate access to Bigflix services for violation of this terms & conditions, if Bigflix (in its sole discretion) deems that your use of Bigflix Services renders Bigflix less safe for others and/or minors or for illegal or improper use of Bigflix Services, Content, Entitlement, products, or Bigflix's Intellectual Property as determined by Bigflix in its sole discretion. You may lose your user name and id as a result of termination. In response to a violation of these Terms of Service or any other agreement applicable to Bigflix services accessed by you, Bigflix may issue you a warning, suspend your Account, selectively remove, revoke or garnish entitlements at an Account and/or device level, immediately terminate any and all Accounts that you have established and/or temporarily or permanently ban your device and/or machine from accessing all Bigflix Services or certain Bigflix Services, no refund will be granted, no entitlements will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or entitlements associated with your Account. You acknowledge that in such an instance Bigflix is not required to provide you notice before taking action to suspend or terminate your Account, temporarily or permanently banning your device from some or all Bigflix Services or selectively removing, revoking or garnishing entitlements associated with your Account. If Bigflix terminates your Account, you may not participate in an Bigflix Service again without Bigflix's express permission. You may not allow individuals whose Accounts have been terminated by Bigflix to use your Account.
Upon Bigflix's and/or its licensors' request, you agree to defend, indemnify and hold harmless Bigflix, its licensors and Bigflix? Affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from or relate to a breach of these Terms & Conditions of Service for which you are responsible. Without limiting the generality of the foregoing, you agree to indemnify and hold Bigflix and its licensors harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of Bigflix? Services and for all of your communication and activity on Bigflix Services, including any Content you contribute, and that you will indemnify and hold harmless Bigflix, its licensors and Bigflix? Affiliates from any liability or damages arising from your conduct on Bigflix Services, including any Content that you contribute.
Bigflix and its licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Bigflix and/or its licensors in that matter. This Section shall survive termination of this Terms of Service.
The Site, including, without limitation, all communication features, contain copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of the Site and each area contained therein are the property of Bigflix and/or third-party content providers. Bigflix owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on the Site (including, without limitation, content that Bigflix enables you to download) without the express written permission of Bigflix and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, and legend or copyright notice shall be made. The downloading of copyrighted material from the Site is allowed by you only for your own use. You acknowledge that the Bigflix and/or third-party content providers remain the owners of all materials posted on the Site, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
Trademark Notice: Bigflix, Bigflix website, contents of website and the logo Bigflix are trademarks or registered trademarks of Bigflix in India and/or other countries. All other names of companies and products mentioned herein may be trademarks of their respective owners and are used with permission. Any such trademarks may be used publicly only with permission from Bigflix or their respective owners. All rights not expressly granted herein are reserved.
Submissions: Bigflix is pleased to hear from their customers and welcomes their comments regarding Bigflix's services and the Site. Unfortunately, however, long-standing company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Bigflix's professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as App ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials. If at our request you send certain specific submissions (e.g., Communications, including, postings and creative submissions) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Bigflix. None of the Submissions shall be subject to any obligation of confidence on the part of Bigflix, and Bigflix shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Bigflix shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You waive any and all moral rights in any such Submissions as well as any claim to a right of credit or approval.
Support: Subject to the other provisions of the Terms & Conditions of Usage, Bigflix will attempt to help you with any queries or problems that you may have with the site or any of your purchases through the site. To reach our customer support team, please e-mail us at firstname.lastname@example.org. It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible. If you believe that any action has been taken against your Account or device in error, please contact Customer Support at email@example.com
Remedies: You agree that this Terms & Conditions is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Service. You also understand and agree that this Terms, other Bigflix Policies and the Supplemental Terms as and when incorporated, are not intended to confer, and do not confer, any rights or remedies upon any person.
Severability: If any part of this Terms & Conditions of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Bigflix, and the remaining portions shall remain in full force and effect.
Force Majeure: Bigflix shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Bigflix, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Bigflix? control such as acts of God, War, Terrorism, Riots, Embargoes, Acts of Civil or Military Authorities, Fire, Floods, Accidents, Network Infrastructure Failures, Strikes, or Shortages of transportation facilities, fuel, energy, labor or materials, Hacking, Phishing, or other Electronic Modes for destroying the Contents.
Waiver: Failure of Bigflix to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by Bigflix.