EPICURUS ENTERTAINMENT & HOSPITALITY PVT LTD (“BigMic”or “we”) operates Bigmic.in, which is a social networking platform that allowsMembers to create unique personal profiles online in order to find andcommunicate with old and new friends. The services offered by BigMic includeany BigMic-branded URL (the "BigMic Website"), BigMic messagingservices (including, without limitation, instant messaging, private messaging,and email services), BigMic music and video services, BigMic mobile services,and any other features, content, or applications offered from time to time by BigMic in connection with BigMic’s business (collectively, the "BigMicServices"). The BigMic Services are hosted in the Singapore.
BigMic reserves theright to modify this Agreement at any time and from time to time, and each suchmodification shall be effective upon posting on the BigMic Services. Allmaterial modifications will apply prospectively only. Your continued use of theBigMic Services following any such modification constitutes your agreement tobe bound by and your acceptance of the Agreement as so modified. It istherefore important that you review this Agreement regularly. If you do notagree to be bound by this Agreement and to abide by all Applicable Law, youmust discontinue use of the BigMic Services immediately. Please print or savea copy of this agreement for reference.
Use of the BigMicServices and registration to be a Member for the BigMic Services(“Membership”) is void where prohibited. By using the BigMic Services, yourepresent and warrant that (a) all registration information you submit istruthful and accurate; (b) you will maintain the accuracy of such information;(c) you are 16 years of age or older; and (d) your use of the BigMic Servicesdoes not violate any Applicable Law. Your profile may be deleted and yourMembership may be terminated without warning, if we believe that you are under16 years of age, if we believe that you are under 18 years of age and yourepresent yourself as 18 or older, or if we believe you are over 18 andrepresent yourself as under 18.
This Agreement, and anyposted revision to this Agreement, shall remain in full force and effect whileyou use the BigMic Services or are a Member. You may terminate your Membershipat any time, for any reason, by following the instructions on the Member'sAccount Settings page. BigMic may terminate your Membership at any time, forany or no reason, with or without prior notice or explanation, and withoutliability. Furthermore, BigMic reserves the right, in its sole discretion, toreject, refuse to post or remove any posting (including, without limitation,private messages, emails and instant messages (collectively, “messages”)) byyou, or to deny, restrict, suspend, or terminate your access to all or any partof the BigMic Services at any time, for any or no reason, with or withoutprior notice or explanation, and without liability. In addition, BigMicreserves the right, in its sole discretion, to reassign or rename your profileURL. BigMic expressly reserves the right to remove your profile and/or deny,restrict, suspend, or terminate your access to all or any part of the BigMicServices if BigMic determines, in its sole discretion, that you have violatedthis Agreement or pose a threat to BigMic, its employees, business partners,Users and/or the public. Even after Membership is terminated, this Agreementwill remain in effect, including, without limitation, Sections 5-18.
You acknowledge that BigMic reserves the right to charge for any portion of the BigMic Services and tochange its fees (if any) from time to time in its discretion. If BigMicterminates your Membership because you have breached the Agreement, you shallnot be entitled to the refund of any unused portion of fees or payments (ifany).
When you sign up tobecome a Member, you will also be asked to choose a password. You are entirelyresponsible for maintaining the confidentiality of your password. You agree notto use the account, username, email address or password of another Member atany time or to disclose your password to any third party. You agree to notify BigMic immediately if you suspect any unauthorized use of your account or accessto your password. You are solely responsible for any and all use of youraccount.
The BigMic Services arefor the personal use of Members and may only be used for direct commercialpurposes if they are specifically endorsed or authorized by BigMic. BigMicreserves the right to remove commercial content in its sole discretion. Illegaland/or unauthorized use of the BigMic Services, including, without limitation,collecting usernames, user id numbers, and/or email addresses of Members byelectronic or other means for the purpose of sending unsolicited email orunauthorized framing of or linking to the BigMic Services, or employing thirdparty promotional sites or software to promote profiles for money, isprohibited. Commercial advertisements, affiliate links, and other forms ofunauthorized data collection or solicitation may be removed from Memberprofiles without notice or explanation and may result in termination ofMembership privileges. BigMic reserves the right to take appropriate legalaction, including, without limitation, referral to law enforcement, for anyillegal or unauthorized use of the BigMic Services.
Please choose carefullythe information that you post on, through or in connection with the BigMicServices and that you provide to other Users. Your BigMic profile may notinclude any form of Prohibited Content, as outlined in Section 8 below. Despitethis prohibition, information, materials, products or services provided byother BigMic Members (for instance, in their profiles) or Linked Services may,in whole or in part, be unauthorized, impermissible or otherwise violate thisAgreement, and BigMic assumes no responsibility or liability for thismaterial. If you become aware of misuse of the BigMic Services by any personor Linked Service, please click on the "Contact Us” or the “Report Abuse”link at the bottom of the BigMic Website pages.
The following areexamples of the kind of Content that is illegal or prohibited to post on,through or in connection with the BigMic Services. BigMic reserves the rightto investigate and take appropriate legal action against anyone who, in BigMic'ssole discretion, violates this provision, including, without limitation,removing the offending Content from the BigMic Services, terminating theMembership of such violators and/or reporting such Content or activities to lawenforcement authorities. Prohibited Content includes, but is not limited to,Content that, in the sole discretion of BigMic:
8.1.1. is patentlyoffensive or promotes or otherwise incites racism, bigotry, hatredor physical harm of any kind against any group or individual;
8.1.3. exploits peoplein a sexual or violent manner;
8.1.4. contains nudity,excessive violence, or offensive subject matter or contains a link to an adultwebsite;
8.1.8. constitutes orpromotes an illegal or unauthorized copy of another person's copyrighted work,such as providing pirated computer programs or links to them, providinginformation to circumvent manufacturer-installed copy-protect devices, orproviding pirated music or links to pirated music files;
8.1.9. involves thetransmission of "junk mail," "chain letters," orunsolicited mass mailing, instant messaging, "spimming,"or "spamming";
8.1.11. furthers orpromotes any criminal activity or enterprise or provides instructionalinformation about illegal activities including, but not limited to, making orbuying illegal weapons, violating someone's privacy, or providing or creatingcomputer viruses;
8.1.13. involvescommercial activities and/or sales without prior written consent from BigMicsuch as contests, sweepstakes, barter, advertising, or pyramid schemes;
8.1.14. includes aphotograph or video of another person that you have posted without thatperson's consent;
8.1.15. for band,comedy, filmmaker and other profiles, uses sexually suggestive imagery or anyunfair, misleading or deceptive Content intended to draw traffic to theprofile; or
The following areexamples of the kind of activity that is illegal or prohibited on the BigMicWebsite and through your use of the BigMic Services. BigMic reserves theright to investigate and take appropriate legal action against anyone who, in BigMic's sole discretion, violates this provision, including, without limitation,terminating your Membership and/or reporting such activity or Content to lawenforcement authorities. Prohibited activity includes, but is not limited to:
8.2.1. criminal ortortious activity, including, but not limited to, child pornography, fraud,trafficking in obscene material, drug dealing, gambling, harassment,defamation, stalking, spamming, spimming, sending ofviruses or other harmful files, copyright infringement, patent infringement, ortheft of trade secrets;
8.2.4. activity thatinvolves the use of viruses, bots, worms, or any other computer code, files orprograms that interrupt, destroy or limit the functionality of any computersoftware or hardware, or otherwise permit the unauthorized use of or access toa computer or a computer network;
8.2.5. modifying,copying, distributing, downloading, scraping or transmitting in any form or byany means, in whole or in part, any Content from the BigMic Services otherthan your Content which you legally post on, through or in connection with the BigMic Services;
8.2.6. providing orusing “tracking” or monitoring functionality in connection with the BigMicServices, including, without limitation, to identify other Users’ views,actions or other activities on the BigMic Services;
8.2.8. any automated useof the system, such as, but not limited to, using scripts to add friends orsend comments, messages, status or mood updates, blogs or bulletins;
8.2.10. impersonating orattempting to impersonate BigMic or a BigMic employee, administrator ormoderator, another Member, or person or entity (including, without limitation,the use of email addresses associated with or of any of the foregoing);
8.2.11. for band,comedy, filmmaker and other profiles containing a BigMic player, copying thecode for your BigMic Player and embedding it (or directing others to embed it)anywhere other than in your band profile on BigMic;
8.2.14. using ordistributing any information obtained from the BigMic Services in order toharass, abuse, or harm another person or entity, or attempting to do the same;
8.2.15. displaying anunauthorized commercial advertisement on your profile, or accepting payment oranything of value from a third person in exchange for your performing anycommercial activity through the unauthorized or impermissible use of the BigMic Services on behalf of that person, such as placing commercial content onyour profile, links to e-commerce sites not authorized by BigMic, postingstatus or mood updates, blogs or bulletins with a commercial purpose, selectinga profile with a commercial purpose as one of your top friends, or sendingmessages with a commercial purpose;
8.2.17. using invalid orforged headers to disguise the origin of any Content transmitted to or through BigMic’s computer systems, or otherwise misrepresenting yourself or the source ofany message or Content;
8.2.19. engaging in,either directly or indirectly, or encouraging others to engage in, click-
BigMic respects theintellectual property of others, and requires that our users do the same. Youmay not upload, embed, post, email, transmit or otherwise make available anymaterial that infringes any copyright, patent, trademark, trade secret or otherproprietary rights of any person or entity. It is BigMic’s policy toterminate, in appropriate circumstances, the membership of repeatinfringers.
If you believe your work has been copied and posted on or through the BigMicServices in a way that constitutes copyright infringement, please send BigMic'sCopyright Agent a notification of claimed infringement with all of thefollowing information: (a) identification of the copyrighted work claimed tohave been infringed, or, if multiple copyrighted works are covered by a singlenotification, a representative list of such works; (b) identification of theclaimed infringing material and information reasonably sufficient to permit usto locate the material on the BigMic Services (providing the URL(s) of theclaimed infringing material satisfies this requirement); (c) informationreasonably sufficient to permit us to contact you, such as an address,telephone number, and, if available, an email address; (d) a statement by youthat you have a good faith belief that the disputed use is not authorized bythe copyright owner, its agent, or the law; (e) a statement by you, made underpenalty of perjury, that the above information in your notification is accurateand that you are the copyright owner or are authorized to act on the copyrightowner's behalf; and (f) your physical or electronic signature. BigMic'sCopyright Agent for notification of claimed infringement can be reachedelectronically at
Linked Services createdby third party developers may be available on, through or in connection withthe BigMic Services. Linked Services include applications, websites, desktop,wireless, mobile and other services available from third parties which can beinstalled onto your BigMic profile or shared with other Users on the BigMicServices or which may link to your BigMic account from outside of the BigMicServices. Linked Services may use your BigMic profile information, friendsand/or other profile content on the Linked Service and share activity eventsbetween BigMic and the Linked Service (depending on the features the LinkedService chooses to make available).
You are solelyresponsible for your interactions with other BigMic Users, third partydevelopers or any other parties with whom you interact through the BigMicServices and/or Linked Services. BigMic reserves the right, but has noobligation, to become involved in any way with these disputes.
Use of the BigMicServices is also governed by our
BigMic is notresponsible for and makes no warranties, express or implied, as to the UserContent or the accuracy and reliability of the User Content posted through orin connection with the BigMic Services or Linked Services, by Users of the BigMic Services or Linked Services, and such User Content does not necessarilyreflect the opinions or policies of BigMic. In addition, BigMic is notresponsible for any damage, injury or loss caused by Users of the BigMicServices or by any of the equipment or programming associated with or utilizedin the BigMic Services or Linked Services. Profiles and Linked Servicescreated and posted by Members on, though or in connection with the BigMicServices may contain links to other websites or services. BigMic is notresponsible for the Content, accuracy or opinions expressed on such websitesand services, and such websites and services are not necessarily investigated,monitored or checked for accuracy or completeness by BigMic. Inclusion of anylinked website or service on the BigMic Services does not imply approval orendorsement of the linked website or service by BigMic. When you access thesethird party sites and services, you do so at your own risk. BigMic takes noresponsibility for third party advertisements or Linked Services that areposted on, through or in connection with the BigMic Services or LinkedServices, nor does it take any responsibility for the goods or servicesprovided by these third parties. BigMic is not responsible for the conduct,whether online or offline, of any User of the BigMic Services or LinkedServices. BigMic assumes no responsibility for any error, omission,interruption, deletion, defect, delay in operation or transmission,communications line failure, theft or destruction or unauthorized access to, oralteration of, any User or Member communication. BigMic is not responsible forany problems or technical malfunction of any telephone network or lines,computer online systems, servers or providers, computer equipment, software,failure of any email or players due to technical problems or traffic congestionon the Internet or on any of the BigMic Services or Linked Services orcombination thereof, including, without limitation, any injury or damage toUsers or to any person's computer related to or resulting from participation ordownloading materials in connection with the BigMic Services or LinkedServices. Under no circumstances shall BigMic be responsible for any loss ordamage, including, without limitation, personal injury or death, resulting fromuse of the BigMic Services or Linked Services, attendance at a BigMic event,from any User Content posted on or through the BigMic Services or LinkedServices, or from the conduct of any Users of the BigMic Services, whetheronline or offline. The BigMic Services and Linked Services are provided"AS-IS" and as available and BigMic expressly disclaims any warrantyof fitness for a particular purpose or non-infringement. BigMic cannotguarantee and does not promise any specific results from use of the BigMicServices or Linked Services.
IN NO EVENT SHALL BIGMIC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL,EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUTLIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE BigMic SERVICESOR LINKED SERVICES, EVEN IF BigMic HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BigMic'SLIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THEACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BIGMIC FOR THE BigMic SERVICES DURING THE TERM OF MEMBERSHIP.
The Agreement shall begoverned by, and construed in accordance with, the laws of the Republic ofIndia, without regard to its conflict of law provisions. You and BigMic agreeto submit to the exclusive jurisdiction of the courts located within the cityof Mumbai, Maharashtra, India to resolve any dispute arising out of theAgreement or the BigMic Services. EACH OF THE PARTIES HEREBY KNOWINGLY,VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURYIN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS,COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR INCONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NOREPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OROTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TOENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIESACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTYENTERING INTO THIS AGREEMENT.
You agree to indemnifyand hold BigMic, its subsidiaries, and affiliates, subcontractors and otherpartners, and their respective officers, agents, partners and employees,harmless from any loss, liability, claim, or demand, including, but not limitedto, reasonable attorneys' fees, made by any third party due to or arising outof your use of the BigMic Services in violation of this Agreement and/orarising from a breach of this Agreement and/or any breach of yourrepresentations and warranties set forth in this Agreement and/or any Contentthat you post on, through or in connection with the BigMic Services.
This Agreement isaccepted upon your use of the BigMic Website or any of the BigMic Servicesand is further affirmed by you becoming a Member. Your agreement with BigMicwill always include this Agreement at a minimum. Your access and use of certainBigMic Services will require you to accept additional terms and conditionsapplicable to such certain BigMic Services, in addition to this Agreement, andmay require you to download Software or Content. The failure of BigMic toexercise or enforce any right or provision of this Agreement shall not operateas a waiver of such right or provision. The section titles in this Agreementare for convenience only and have no legal or contractual effect. BigMic is atrademark of Epicurus Entertainment and Hospitality PvtLtd. This Agreement operates to the fullest extent permissible by law. If anyprovision of this Agreement is unlawful, void or unenforceable, that provisionis deemed severable from this Agreement and does not affect the validity andenforceability of any remaining provisions.
To contact us regardingany questions about this Agreement, please use the “Contact Us” link on thewebsite.
I HAVE READ THISAGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE