Terms of Service

Effective Date: December 11, 2019

Megagon Labs, Inc. (“Company,” “we”, “us” or “our”) maintains these Terms of Service (“TOS”) that describes the terms and conditions applicable to our service (“Service”), including, without limitation, such Services made available through www.biggorilla.org (“Site”) Your use of the Service is subject at all times to these TOS, our privacy policy (“Privacy Policy”).  Any inconsistencies between this TOS and the Privacy Policy shall be resolved by the Company in its sole and absolute discretion.

EACH TIME YOU ACCESS OR USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE TOS AND THE PRIVACY POLICY, AND REPRESENT THAT YOU HAVE READ AND UNDERSTAND THE APPLICABLE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN AND THEREIN AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) THESE TOS AND THE PRIVACY POLICY, DO NOT ACCESS OR USE THE SERVICE.  YOUR CONTINUED ACCESS AND USE OF THE SERVICE SHALL BE DEEMED TO CONSTITUTE YOUR AGREEMENT TO BE LEGALLY BOUND BY THESE TOS AND THE PRIVACY POLICY, AS THEY EACH MAY BE AMENDED FROM TIME TO TIME.  ANY REFERENCES HEREIN TO “YOU” AND “YOUR” REFER TO BOTH YOU (A SERVICE VISITOR AND/OR REGISTERED USER) AND SUCH PERSON AND ENTITY ON WHOSE BEHALF YOU ACT, IF ANY. YOU SHOULD PRINT A COPY OF OUR TOS FOR FUTURE REFERENCE.

You may not use our Service if: (a) you cannot enter into a binding contract with the Company; (b) you are under 13 years of age, in which case you must not create an Account, use any part of the Service, or submit personal information through the Service or to the Company; (c) you are not allowed to receive access and use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals; (d) you are a convicted sex offender; or (e) you have previously been banned from using the Service.  If you are between the ages of 13 and 17, or under the age of majority where you live, you represent that your legal guardian has reviewed and agreed to these TOS.

In some instances, both these TOS and separate licenses (including, without limitation, General Public License, Lesser Public License and other similar open source licenses applicable to content and software code made available within the Service), terms of service, rules, policies or guidelines set forth additional conditions that may apply to the Service(collectively, the “Additional Terms”).  To the extent there is a conflict between the TOS and any Additional Terms, the Additional Terms will control unless the Company determines otherwise, in its sole and absolute discretion.

1. License

(a) License Grant.  Subject to the terms and conditions of these TOS, the Privacy Policy, and any Additional Terms (each of which are hereby incorporated by this reference), the Company hereby grants to you a limited, non-exclusive, non-transferable and revocable right and license to access and use the Service.  The Company may terminate this license without notice in the event you fail to comply with these TOS, the Privacy Policy, or any Additional Terms.  Upon termination of the license, you must immediately cease accessing and using the Service.

(b) Limitations.   Except as may be expressly authorized by these Terms or any Additional Terms, the license granted to you is subject to the following limitations.  You shall not or permit any other person to:

  1. in whole or in part, (1) modify or create any derivative work of the Service,  or (2) copy, photocopy, reproduce, translate, disassemble, reverse engineer, decompile, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organization of the Service (or any part thereof);
  2. modify, alter or remove any copyright, patent, confidentiality, trademark and other notices, labels or legends in the Service;
  3. sell, grant a security interest in or transfer reproductions of the Service to other parties in any way not expressly authorized herein;
  4. assign, rent, lease, distribute or license the Service to others;
  5. modify the Service;
  6. use the Service to access, copy, transfer, transcode or retransmit content in violation of third party intellectual property rights;
  7. use the Service, directly or indirectly, for commercial purposes; or
  8. create or maintain, under any circumstance, any unauthorized connections to the Service.

 

(c)  Additional Agreements.

  1. You agree to use the Service only in compliance with these TOS, the Privacy Policy, Additional Terms and applicable rules, laws and regulations.
  2. By accessing and using the Service, you represent and warrant that you are not prohibited from receiving exports or services under United States or other applicable export laws.
  3. You agree that by accessing and using the Service you may be exposed to content that you may find offensive, indecent or objectionable, or which violate this TOS, that you access and use the Service at your own risk and that you assume all risks related to dealing with other users with whom you have had contact through the Service.

 

Your failure to comply with the restrictions and limitations listed above and elsewhere in these TOS shall result in termination of the license granted hereunder with immediate effect and may subject you to civil and/or criminal liability.

2. IP Ownership

(a) Accounts and User Data.  Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account and all other data accumulated in connection with your access and use of the Service (collectively, “User Data”).  You further acknowledge and agree that all rights in and to the Account and User Data (excluding User Content) are and shall be owned solely and exclusively by the Company.  No rights conferred to you in connection with the Service may be transferred or assigned by you (by operation of law or otherwise including at the time of cancellation of your Account) to any third party without the prior written consent of the Company.

(b) Company Materials.  The Company, its licensors and/or certain third parties (as applicable) retain exclusive right, title and interest (including all intellectual property rights) in and to all materials that are part of the Service (including past, present and future versions) (excluding User Content), including, without limitation graphics; layout; text; images; audio and/or video; designs; logos; domain names; trade names and marks; and service marks; any and all copyrightable material; the “look and feel”; the compilation, assembly and arrangement of the materials of the Service; and all other materials or content made available in the Service (collectively, the “Company Materials”) and such Company Materials are protected from unauthorized use, copying and dissemination by applicable copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.

(c) Trademark Notice.  All words and logos in the Service marked by the ™ or ® symbols are trademarks and service marks of the Company and/or its licensor(s).  All rights are reserved.  All other trademarks and service marks appearing in the Service are the property of their respective owners.  All rights are reserved.  Use of any of our trademarks, service marks or names as “metatags” for any purpose other than as expressly authorized in these TOS is strictly prohibited.

(d) No Additional Rights.  Only those licenses expressly set forth in these TOS are granted.  No other licenses are granted under these TOS, whether by implication, estoppel, course of conduct, or otherwise.  Nothing in these TOS is intended to transfer any of the right, title and interest (including all intellectual property rights) from the Company and/or its licensors to you or any third party.  If you are ever inadvertently or erroneous held or deemed to be the owner of any such rights, you agree to assign and hereby irrevocably assign to the Company or its licensors, as the case may be, all such rights as of the effective date of these TOS, and agree to execute all documents to implement and confirm the letter and intent of the foregoing.

3. Account, Fees and Termination

(a) Accounts.  You may currently access certain parts of the Service without establishing a user an Account (defined below).  However, by completing the Service registration process in the Service, you may establish a registered user account (“Account”), become a registered user, access and use the full Service.  You must provide truthful and accurate information during the Account registration process.  The Company may approve or reject your Account registration for any reason or no reason in its sole and absolute discretion.

You are solely responsible for all activity on your Account and for the security of your device. All acts performed using your Account shall be deemed to be your acts.  You shall promptly notify the Company for any changes to your Account information or if such information has been improperly disclosed to a third party.  You shall solely be responsible for any liability that arises from any improper third party disclosure and/or third party use of your Account

While the Company will use reasonable efforts to back up Service-related data, we have no responsibility or liability for the deletion or failure to store any Service-related communications or other User Data or User Content.  We reserve the right to mark as “inactive” and archive Accounts that are inactive for an extended period of time.  We reserve the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described above.

(b) Fees.  You may currently access and use the Service without paying any fees.

The Company, in its sole and absolute discretion, may, from time to time, modify, amend, or supplement the terms and billing methods relating to fees and charges for the Service, and post those changes in the Service.  Such modifications, amendments or supplements shall be effective immediately upon posting on the Service.  If any change is unacceptable to you, your sole remedy is to cancel your Account and cease use of the Service.

You must provide and maintain all equipment, software and other technologies necessary to access and use the Service.  In addition, you hereby acknowledge and agree that you shall solely be responsible for and bear all charges arising out of your access and use of the Service.

(c) Termination.  You have the right to cease accessing and using the Service at any time by following the authorized process. You understand and agree that unless otherwise expressly provided for in this TOS, terminating your Account and the cessation of access and use of the Service is your sole right and remedy with respect to any dispute relating to the Service, including, but not limited to, any related to, or arising out of any term of this TOS, the Privacy Policy, and/or any Additional Terms, or the Company’s enforcement or application thereof.

Without limiting any other remedies, we may limit, suspend, cancel, terminate, modify or delete your Account and your access to and use of the Service  at any time if you are, or we suspect that you are, failing to comply with any of this TOS, the Privacy Policy, and/or Additional Terms with or without notice to you.

If the Company terminates your access and use to the Service, you may lose your user ID, User Data and User Content, and we are under no obligation to compensate you for any such losses or results.  Under no circumstances shall Company be responsible for storing any User Data, User Content and other information following suspension, termination, modification or deletion of your Account and access to the Service.

We reserve the right to stop offering and/or supporting the Service at any time, for any valid commercial reason, at which time your license to access and use the Service will automatically be terminated without further action.  In such event, we shall not be required to provide any compensation to you except as otherwise agreed to in writing by the Company or pursuant to applicable law.

4. User Content

The Company operates the Service for the purpose of software development and related news, discussion, education, implementation, innovation, and tools (collectively, the “Purpose”).

All software code, information, data, text, ideas, software, notes, messages, concepts or any other materials whatsoever (collectively, “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the user from whom such User Content originated.   Specifically, such user shall be entirely and solely responsible for all User Content that such user submits, uploads, posts, displays, distributes, or otherwise transmits via the Service.

When you submit, post, upload or otherwise transmit User Content via the Service, you must, where applicable, designate promptly Additional Terms which may apply, including the software license pursuant to which licensees, including other Service users and the Company, obtain rights with respect to such User Content.

When you create or make available your User Content in the Service, you represent and warrant that:

  • you own or have sufficient rights to post or make available your User Content on or through the Service;
  • the posting or making available of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights, including intellectual property rights, of any person or entity;
  • you have fully complied with any Additional Terms relating to your User Content, agree to pay for all royalties, fees and any other monies owing any person by reason of any of your User Content that you submit, upload, post, display, distribute or otherwise transmit on or through the Service; and
  • you have all rights, licenses and consents necessary to grant the Company and other Service users the rights and licenses granted herein without infringement of any third party rights.

Subject to  any applicable Additional Terms, by uploading, displaying, posting or transmitting your User Content within the Service, you grant to the Company the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, delete, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.  You further agree that subject to any Additional Terms, the Company is free to use any ideas, information, concepts, know-how or techniques contained in any User Content that you send to the Company for any purposes whatsoever.  Subject to the Privacy Policy, you grant to the Company the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with the Service.  Except as prohibited by applicable law, you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.  Notwithstanding the foregoing, subject to any Additional Terms, you retain ownership of any copyrights, trademarks and service marks in your User Content.

The  Company has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its licensed rights to your User Content, including, without limitation, by bringing and controlling actions in your name and on your behalf (at the Company’s cost and expense, to which you hereby consent and irrevocably appoint the Company as your attorney-in-fact, with the power of substitution and delegations, which appointment is coupled with an interest).  You also agree and understand that the Company is not obligated to use User Content and that you will not receive any additional consideration or compensation for your User Content or for any exploitation thereof.

You acknowledge and agree that your communications with other users via any channel of communication in the Service are public and not private, and subject to the terms of the Privacy Policy, that you have no expectation of privacy concerning your access and use of the Service.   We strongly encourage you not to disclose any personal information about yourself in your public communications in the Service.  We are not responsible for information that you choose to communicate within the Service, or for the actions of other users.

5. Online Conduct

You agree that you will be personally responsible for your access and use of the Service and for all of your User Content and online activity in connection with the Service, and that you will indemnify and hold harmless the Company, its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees, from third parties arising from such use, User Content and activity.   You acknowledge and agree that the Company reserves the right (but not the obligation), in its sole and absolute discretion, to refuse or delete any User Content at any time that it reasonably considers to violate this TOS, the Privacy Policy, Additional Terms, or be otherwise illegal or does not fulfill the Purpose.  The Company, in its sole and absolute discretion, may preserve User Content and may also disclose User Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by the Company to protect the rights, property, or personal safety of Service users and the public.  Moreover, you agree not to engage in any of the following:

(a)        Post, transmit, promote, upload or distribute content which does not fulfill the Purpose.

(b)       Infringe upon the intellectual property rights and rights of confidential information of the Company or any third party.

(c)        Modify, reproduce, distribute, delete or create derivative works of the Service, Company Materials or any User Content displayed therein, or any component thereof.

(d)       Do anything that interferes with the ability of other users to enjoy the Service or that materially increases the expense or difficulty of Company in maintaining the Service for the enjoyment of all its users.

(e)        Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by this TOS.

(f)        Use the Service in connection with any violation of any applicable laws, rules or regulations, or do anything that promotes the violation of any applicable laws, rules or regulations.

If you encounter another user who is violating any of the items described in the Online Conduct list above, please report them to website@biggorilla.org.

6. Modifications

(a) Terms of Service.  The Company may, from time to time, modify, amend, or supplement these TOS and post those changes on the TOS page. Such modifications or supplements shall be effective immediately upon posting in the Service.  You are responsible for periodically checking the Service for changes to the TOS.  You can determine when the TOS were last revised by referring to the “Effective Date” legend at the top of these TOS.  If you do not agree to be bound by (or cannot comply with) the TOS as modified or supplemented, you must cease using the Service.  Your continued access and use of the Service constitutes your agreement to be bound by the modified TOS.

(b) Changes.   The Company reserves the exclusive right and may, at any time and without notice and liability to you, modify, supplement, suspend or discontinue (collectively, “Changes”) the Service (or any portion thereof, whether temporarily or permanently, in whole or in part, for valid commercial reasons and/or as required by applicable law.  Changes may also include changes to the Site, including eliminating or discontinuing any content on or feature of the Site, restricting the hours of availability or limiting the amount of use permitted.  Any such Change shall be effective immediately upon notice by posting on the Service or these TOS, or by any other method of notice the Company deems appropriate.  We shall not be required to provide compensation to you for any Changes.  Any access or use of the Service after such notice of Change, constitutes acceptance by you of such Change.

Temporary interruptions in the availability of the Service may occur from time to time as normal events. You agree that neither the Company nor any of its affiliates, licensors, agents, or employees is liable to you or any third party for any revision, supplement, suspension, interruption or discontinuation of the Service, and termination of any license.  The Service may include inaccuracies, errors, materials that violate this TOS or may enable you to access or download harmful or malicious code introduced onto the Internet by third parties. Additionally, you acknowledge that unauthorized additions, deletions and alterations could be made by third parties to the Site.

7. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK.  THE SERVICE, INCLUDING THE SITE AND ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED, PURCHASED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.  MOREOVER, THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICE OR ANY CONTENT THEREIN (INCLUDING SOFTWARE) WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR ANY SOFTWARE MADE AVAILABLE THEREIN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  NO OPINION, ADVICE OR STATEMENT BY THE COMPANY OR ITS AFFILIATES, USERS OR VISITORS, WHETHER MADE WITHIN THE SERVICE OR OTHERWISE, SHALL CREATE ANY WARRANTY.   YOUR ACCESS AND USE OF THE SERVICE (INCLUDING ALL CONTENT MADE AVAILABILITY WITHIN IT) IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY DAMAGES THAT RESULTS FROM SUCH ACCESS OR USE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

8. Limitations of Liabilities

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY OR ITS LICENSORS IS TO STOP ACCESSING AND USING THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE COMPANY, ITS LICENSORS OR ITS AFFILIATES BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR THE ACCESS OR USE THEREOF.  MOREOVER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT, IN NO CASE SHALL THE COMPANY’S OR ITS LICENSORS’, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “COMPANY AFFILIATES”) LIABILITY TO YOU EXCEED IN RESPECT TO ANY ACT OR FAILURE TO ACT IN RELATION TO THE SERVICE EXCEED THE HIGHER OF US$500 OR THE AMOUNT PAID BY YOU IN CONNECTION WITH YOUR ACCESS AND USE OF THE SERVICE.  FURTHERMORE, IN NO CASE SHALL THE COMPANY, ITS LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER COMPARABLE LOSS) ARISING FROM YOUR ACCESS AND USE OF THE SERVICE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS AND USE OF OR USERSHIP, WHETHER BASED ON WARRANTY, PRODUCT LIABILITY, PERSONAL INJURY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY OR ANY COMPANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH JURISDICTIONS, THE COMPANY’S AND COMPANY AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

9. Links

For the convenience of our user, the Service may provide certain links to other applications, services and websites provided by third parties. The Company is not responsible for the content of any other applications, services or websites linked to or from the Service.  If you follow any such links, you leave the Service and you do so entirely at your own risk.  The Company provides links from the Service solely as a convenience to you and in no way should this be interpreted as a referral or endorsement of any content, sponsor or owner of any other applications, services and/or websites. THE COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED APPLICATIONS, SERVICES OR WEBSITES, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED APPLICATIONS, SERVICES OR WEBSITES.

10. Indemnification

You agree to defend, indemnify and hold harmless the Company and its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees and costs, arising from: (a) your breach of these TOS, the Privacy Policy, Additional Terms or any applicable rules, laws or regulations, whether or not referenced herein, (b) in connection with your access and use of the Service in breach of these TOS, the Privacy Policy, the Additional Terms or any applicable rules, law or regulations, whether or not referenced herein, (c) violation of any rights of any third party, or (d) any interaction you may have with other users of the Service or visitors to the Service, and any dispute arising in relation thereto.  The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall provide all reasonable assistance and cooperation to the Company in respect of such matter.  The obligations set forth herein shall survive termination of these TOS.

11. Governing Law

The Service is made accessible, operated and controlled by the Company in the State of California in the United States.  It can be accessed from various countries of the world.  The laws of the State of California, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Service and your access use thereof.  By accessing and using the Service, you submit and consent to the exclusive jurisdiction of state and federal courts located in Santa Clara County, the State of California with respect to any dispute or cause of action arising out of or in connection with these TOS, the Privacy Policy, Additional Terms and/or your access and use of the Service.

You are solely responsible for your interactions with other users of the Service.  If you have a dispute with one or more users of the Service, in addition to any other remedies reserved for the Company herein, you release us (and its licensors, affiliates, employees, officers, directors, contractors, agents, third party suppliers, licensors and third party partners) from claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in connection with such disputes.  If you are a California resident, you waive the rights afforded to you under California Civil Code §1542.

12. Injunctive Relief

You acknowledge that the rights granted and obligations made hereunder to the Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm the Company and which cannot be replaced by monetary damages alone so that the Company shall be entitled to injunctive or other equitably relief in the event of any breach or anticipatory breach by you.  To the fullest extent permitted under applicable law, you irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any).

13. Void Where Prohibited

The information provided through the Service are not intended for distribution to or use by any person in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country.   The Company makes no representation or warranty that any material on the Service is lawful in every jurisdiction from which such content can be accessed, or is available for use in all jurisdictions.  If you access or use the Service from a jurisdiction outside the State of California you are responsible for compliance with all applicable local laws.

We reserve the right to limit the availability of the Service to any person, geographic area, or jurisdiction it so desires at any time and in our sole discretion and to limit the quantities of any such product or service that we provide. Use of the Service is void where prohibited.

THE SERVICE IS INTENDED FOR USE BY PERSONS OVER THE AGE OF 13.  BY ACCESSING AND USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE 13 OR OLDER, AND THAT YOU AGREE TO AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THESE TOS, THE PRIVACY POLICY, AND ADDITIONAL TERMS.  MOREOVER, IF YOU ARE BETWEEN 13 AND 18 YEARS OF AGE, YOU REPRESENT AND WARRANT THAT YOU HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO ACCESS AND USE THE SERVICE.  IF YOU ARE UNDER THE AGE OF 13 OR BETWEEN THE AGE OF 13 AND 18 BUT DID NOT HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO THE ACCESS AND USE THE SERVICE, THE COMPANY MAY IMMEDIATELY (WITHOUT NOTICE) TERMINATE THE LICENSE GRANTED HEREUNDER.

14. Complaints, Notice and Contact Information

The Company takes claims of infringement of intellectual property rights and violation of rights, including rights of privacy or publicity very seriously.  With the exception of copyright infringement notices (which should follow the DMCA procedures described below), if you believe that any of the material that is or was in the Service infringes or has infringed any intellectual property rights, owned by you, or by an owner for which you are authorized to act, please contact us at website@biggorilla.org.

Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.

15. Digital Millenium Copyright Act

A. DMCA Notice. If you are a copyright owner or an agent thereof and believe that any Service content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may direct copyright infringement notifications to our Copyright Agent at 444 Castro St. Suite 900, Mountain View, CA 94041, email: website@biggorilla.org, phone: 650-294-4580. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service at website@biggorilla.org. You acknowledge that if you fail to comply with all of the requirements of this Section 15(A), your DMCA notice may not be valid.

B. Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your  content, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Santa Clara County, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at the Company’s sole discretion.

16. Privacy Policy

The Company is committed to respecting your privacy and the confidentiality of your personal data.  The Privacy Policy sets out how the Company may use your personal data, the traffic data and the content contained in your communication(s).  If you object to your information being used in the way set out in the Privacy Policy, your sole remedy is to cease accessing and using the Service.

17. Notice　

In the event the Company decides, in its sole and absolute discretion, to give notice to a user regarding the termination of the licenses granted herein, revisions to payment policies, or any Changes, it may do so via email, telephone call, posting in the Service or these TOS, or such other method of notice the Company deems appropriate.  Where Company decides to give such notice, any access or use of the Service after delivery of such notice constitutes acceptance by you of the noticed action.

18. Restrictions

The Service may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Service as well as any applicable end-user, end-use and destination restrictions issued by national governments. By accessing and using the Service, you represent and warrant that you are not prohibited from receiving exports or services under applicable export laws.

19. Miscellaneous

If any provision of these TOS, the Privacy Policy, and/or Additional Terms (if applicable) is held to be invalid or unenforceable, that provision will be deemed severable to these TOS, the Privacy Policy, and/or Additional Terms and shall not affect the validity and enforceability of any remaining provisions of the TOS will remain in full force and effect. The TOS, the Privacy Policy, and Additional Terms (if applicable) constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  Each party acknowledges that, in entering into these TOS it has not relied on, and (in the absence of fraud) shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these TOS.  Nothing in the foregoing sentence shall exclude or restrict the liability of you arising out of fraud or fraudulent misrepresentation.  Any waiver of any provision of the TOS will be effective only if in writing and signed by the Company.  The failure of party to assert any right under these TOS shall not be considered a waiver of that party’s right will remain in full force and effect. The original English version of these TOS may have been translated into other languages.  In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.  You are not allowed to assign the TOS or any rights hereunder.  The Company is allowed at its sole discretion to assign the TOS or any rights hereunder to any third party, without giving prior notice to you.

20. Language

The parties hereto confirm their express wish that these TOS as well as all other documents related to them, including notices, be drawn up in the English language only and declare themselves satisfied therewith.

If you have any questions, complaints, or comments regarding these TOS, or have other questions or suggestions about the Service, please contact us at website@biggorilla.org.

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