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Terms of Use

By using or accessing the Big Fun Town website or its associated products or services (collectively, "Big Fun Town" or "Website") which is operated by Rekur Limited ("Rekur Limited,", "Rekur", "we", "us", or "our"), you (the "User"), whether or not you are a registered member of Big Fun Town, are agreeing to be bound by these Terms and Conditions of Use ("Terms of Use" or "Agreement"), the Terms and Conditions of Big Fun Town's Privacy Policy, which is published at http://www.bigfuntown.com/Privacy.html, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. We reserve the right to revise these Terms of Use without notice at any time by updating this page. Your use or continued use of the Website after we post any changes to these Terms of Use constitutes your agreement to those changes. If you do not agree with these Terms of Use or any future Terms of Use, you are prohibited from using or accessing the Website or to continue to use or access the Website and you should immediately discontinue all use of the Website. It is your responsibility to check this page regularly to determine if there have been changes to these Terms of Use and to review such changes.

Eligibility

By using or accessing Big Fun Town you affirm that you are 18 years of age or you are at least 13 years of age and are an emancipated minor or possess legal parental or guardian consent, and that you are able to agree to, abide by, and comply with these Terms of Use. If you are under 13 years of age or the aforementioned does not apply to you, please immediately discontinue use of and access to Big Fun Town.

Use License

Permission is granted for you to use Big Fun Town as set forth in this Terms of Use. With the exception of the downloadable games listed on the page Free Games for your Site located at http://www.bigfuntown.com/FreeGames.html, and the purchasable games available through the "Game Store" located at http://www.bigfuntown.com/GameStore.html, which are subject to their own terms and conditions, you may temporarily download one copy of the materials on Big Fun Town for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

modify or copy the materials
use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
use the materials in a way that is likely to cause confusion among consumers
attempt to decompile or reverse engineer any software or games contained on Big Fun Town
remove any copyright or other proprietary notations from the materials
transfer the materials to another person or "mirror" the materials on any other server
use the materials in a way that hurts or damages the reputation of Big Fun Town
use the materials in a way that infringes on the intellectual property rights of Big Fun Town or the owner of the content
collect or collate personally identifiable information including without limitation user names

If you choose to register for an account with Big Fun Town, you must always provide accurate and complete information, must keep your password secure, must not use Big Fun Town for commercial purposes, and must not solicit other users of Big Fun Town in any way for commercial purposes. While you may not use Big Fun Town for any commercial purposes, this restriction does not stop you from submitting games that include advertising or links to third party websites, provided those games meet all other requirements of these Terms of Use and other requirements that Big Fun Town may place on user content. All activity that occurs on your account is your sole responsibility, you must contact us immediately if you suspect there has been any breach of security or any unauthorized use of your account, you may be liable for such unauthorized use.

With the exception of public search engines who may crawl Big Fun Town for the purpose of including it in publically searchable indexes, but not caches or archives, in no circumstances may you use automated tools or other means, including without limitation robots, spiders, crawlers, offline readers, or prefetching tools to request materials, services, or anything else from Big Fun Town's servers at a rate that exceeds what a human could reasonably consume during any given duration using a normal online web browser. Furthermore, we reserve the right to revoke this exception either generally or in specific cases.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Big Fun Town at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Copyright and Intellectual Property

All content on Big Fun Town, including without limitation, text, software, images, screenshots, music, logos, graphics, artwork, trademarks, service marks, slogans, and their compilation is the property of Big Fun Town and its licensors and is protected in New Zealand, the United States, and Internationally under trademark, copyright, and other intellectual property laws. It is provided "as is" for your information and personal use only and may not be used other than as expressly permitted in these Terms of Use without the prior written consent of the respective owners. Third party content is the property of third parties that market or license that content and is used by Big Fun Town subject to license or subject to fair use provisions.

If you are the original creator, copyright owner, or an agent thereof and believe that content has been included on Big Fun Town as the result of a user's submission or otherwise that is in violation of your rights or where you previously permitted its use and have simply changed your mind, please email us at admin@bigfuntown.com with details sufficient for us to identify the content that infringes your rights, details on how we can contact you, and we will delete it. Please note that we may request evidence that you do indeed possess these rights for the content in question.

User Content

Big Fun Town may allow you and other users to submit user content including without limitation games, videos, images, music, text, messages, and files. By submitting user content you are solely responsible for that user content and the consequences of posting or publishing it and you agree and understand that any user content or other materials that you submit will not be treated as confidential or proprietary. By submitting user content, you affirm, represent, and/or warrant that the content is not abusive, confidential or information you are obligated to keep private, corrupt, defamatory, explicit, obscene, or otherwise unsuitable for persons under 18, harassing, harmful, hateful, illegal, invasive of another person's privacy, libellous, objectionable, principally, overtly, or intrusively used for commercial purposes including without limitation, advertising, to solicit information, or for any other commercial purpose, racially or ethnically offensive, slanderous, threatening, tortuous, unlawful, and that the content does not cause civil liability, contain false reports or complaints about other users, contain misrepresentations, contain viruses, Trojans, corrupted files, or anything similar, impersonate or attempt to impersonate anyone, interfere or attempt to interfere with normal operation of Big Fun Town in any way including without limitation ways that would compromise privacy, safety, or security, encourage illegal or criminal activity, infringe on any third party's rights including without limitation copyright, patent, trademark, trade secret, or any other proprietary right, or is otherwise inappropriate.

After submitting user content to Big Fun Town, you retain all ownership rights in such user content and may continue to exercise those rights in your user content subject to these Terms of Use. By submitting, publishing, or otherwise sending us user content you hereby grant Big Fun Town, its parent Rekur Limited, its successors, any subsidiaries, and any products, or services including without limitation websites controlled by the afformentioned entities ("The Group"), a worldwide, non-exclusive, sub-licensable, fully-paid, royalty free, and transferrable license to use, reproduce, publicly perform, publicly display, prepare derivative works, distribute, and modify, in any media format and through any media channel and you also hereby grant each user of The Group a worldwide, non-exclusive, fully-paid, royalty free license to access your user content through The Group and to use, distribute, display, perform, reproduce, and prepare derivative works as permitted through the functionality of The Group and under these Terms of Use. This license will terminate at the time you remove your user content from Big Fun Town. Furthermore, you accept and agree that any designs, ideas, concepts, methods, plans, procedures, techniques, or other materials that you send to Big Fun Town or any other member of The Group by any means may be used by The Group anywhere, at anytime, and for any reason whatsoever.

By submitting user content, you affirm, represent, and/or warrant that you own or have all necessary licenses, rights, and permissions to use and authorize Big Fun Town and the other members of The Group to use the user content as detailed by these Terms of Use and that you have written consent, release, and/or permission to use the name, image, or likeness of every identifiable individual in your submission and that you agree and understand that you are solely responsible for paying all royalties, fees, and any other payments necessary for any reason in relation to any of your user content that is displayed, published, or submitted by you to Big Fun Town or the other members of The Group.

Third Party Websites, Content, and Games

Big Fun Town contains links to other third party websites as well as user content and other content that includes without limitation games, videos, images, music, text, messages, and files that belong to or originate from third parties including without limitation other users ("Uncontrolled Content"). You accept and agree that by using Big Fun Town, you will be exposed to this Uncontrolled Content and that it may originate from third party sources and other users and that Big Fun Town is not responsible for, nor does it review, monitor, or investigate, regardless of whether or not it resides within Big Fun Town, the accuracy, appropriateness, completeness, contents, objectivity, offensiveness, safety, reliability, privacy practices, or the intellectual property rights associated with this Uncontrolled Content and that the opinions expressed in Uncontrolled Content may not reflect the opinions of Big Fun Town, that Big Fun Town does not endorse and has no control over Uncontrolled Content, that Big Fun Town does not necessarily review Uncontrolled Content prior to posting or publishing it on Big Fun Town, and Big Fun Town expressly disclaims any and all liability in connection with Uncontrolled Content and that your use of Uncontrolled Content is entirely at your own risk and that by using Big Fun Town you expressly relieve us from any liability arising from your use of any Uncontrolled Content. Furthermore, you accept and acknowledge that by viewing Uncontrolled Content you may be exposed to objectionable, offensive, indecent, or otherwise disturbing material and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Big Fun Town with respect to Uncontrolled Content.

Game Store Products

The games ("Game Store Games") made available through the Game Store are licensed, not sold, to you. Each "Game Store Game" has been developed, and is licensed to you, by a third-party developer.

Your license to each Game Store Game is subject to the end user license agreement entered into between you and the licensor of that Game Store Game (the "Game Provider"). The Game Provider reserves all rights in and to the Game Store Game not expressly granted to you.

You acknowledge that you are acquiring the license to each Game Store Game from the Game Provider; Big Fun Town and Rekur Limited are providing a service to the Game Provider in providing each such Game Store Game to you; and neither Big Fun Town nor Rekur Limited is a party to the license between you and the Game Provider with respect to that Game Store Game. The Game Provider of each Game Store Game is solely responsible for that Game Store Game, the content therein, any warranties to the extent that such warranties have not been disclaimed, any maintenance or support services relating to that Game Store Game, and any claims that you or any other party may have relating to that Game Store Game.

You acknowledge and agree that Rekur Limited, and its subsidiaries are third-party beneficiaries of the Game Provider's end user license agreement, for each Game Store Game. You also agree that, upon your acceptance of the terms and conditions of the license to any such Game Store Game, Rekur Limited will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third-party beneficiary thereof.

You agree that you will pay for all Game Store Games you purchase through the Game Store, and that Rekur Limited may charge you for any Game Store Games purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your purchases.

All sales of Game Store Games are final.

Prices for Game Store Games offered via the Game Store may change at any time, and neither Big Fun Town nor Rekur Limited provides price protection or refunds in the event of a price reduction or promotional offering.

If a Game Store Game becomes unavailable following a transaction but prior to download, your sole remedy is a refund, to the full extent permitted by law. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Rekur Limited.

Game Store Games can be downloaded only once; after being downloaded, they cannot be replaced if lost for any reason. As you will not be able to subsequently download previously-purchased Game Store Games, once you download a Game Store Game, it is your responsibility not to lose, destroy, or damage it, and you may want to back it up. Big Fun Town and Rekur Limited shall have no liability to you in any such event.

Important Safety Information

To avoid muscle, joint, or eye strain during your use of Big Fun Town or any of the games available from or through Big Fun Town, you should always take frequent breaks, and take a longer rest if you experience any soreness, fatigue, or discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including but not limited to while playing video games or watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before using Big Fun Town or any of the games available from or through Big Fun Town if you have ever suffered these or similar symptoms, and stop using Big Fun Town and such games immediately and see a doctor if they occur during your use of Big Fun Town or such games.

Disclaimers

You agree that your use of Big Fun Town and any Game Store Games shall be at your sole risk. Big Fun Town and all Game Store Games are provided on an "as is" and "as available" basis and the materials on Big Fun Town or in the Game Store Games could include technical, typographical, or photographic errors, may not be accurate, complete, or current, and we may, or in the case of Game Store Games the Game Provider may, make changes to the materials at any time without notice. Big Fun Town does not, however, make any commitment to update the materials. Big Fun Town, Rekur Limited, its owners, officers, directors, employees, and agents make no warranties, express or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. We do not warrant or make any representations concerning the accuracy, completeness, likely results, or reliability of the use of the materials on Big Fun Town or otherwise relating to such materials. We do not warrant, endorse, guarantee, or resume responsibility for any of the materials on any sites linked to this site, any of the games on this site, any of the Game Store Games, any of the materials submitted, owned, or originating from third parties including without limitation users of Big Fun Town, or for any product or service advertised or offered by a third party through Big Fun Town or through a banner or other advertising. Additionally, Big Fun Town is not a party to or responsible in any way for any transactions between you and third party providers of products or services including without limitation transactions conducted within or through games.

Limitations of Liability

In no event, including without limitation negligence, shall Big Fun Town, Rekur Limited, its owners, officers, directors, employees, or agents be liable to you, any third person, or any third party for any damages including without limitation direct, indirect, consequential, exemplary, incidental, special or punitive damages and including without limitation, damages for loss of data or profit, or due to business interruption, resulting from the use or inability to use Big Fun Town or any Game Store Games or resulting from mistakes, defects, omissions, inaccuracies, file deletions, interruptions, errors, delays or resulting from any personal injury or property damage of any nature whatsoever resulting from your use or inability to use Big Fun Town or any Game Store Games or resulting from any bugs, viruses, trojan horses, or similar, which may have be received from or through Big Fun Town or any Game Store Games, whether or not they are caused by events beyond our reasonable control, including without limitation theft, unauthorized access, or acts of god, whether based on warranty, contract, tort, or any other legal theory, and even if Big Fun Town or an authorized representative of Big Fun Town has been notified orally or in writing of the possibility of such damage. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for use or access to Big Fun Town or to purchase any Game Store Games, within the twelve (12) months prior to the accrual of the claim, but in no case will our total liability to you for all damages, losses, and causes of action exceed ten dollars (NZ $10.00). This entire limitation of liability shall apply to the fullest extent permitted by the applicable jurisdiction's law.

Big Fun Town shall use reasonable efforts to protect information submitted by you to Big Fun Town, but you agree that your submission of such information is at your sole risk, and Big Fun Town and Rekur Limited hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.

You expressly and specifically acknowledge that Big Fun Town, Rekur Limited, its owners, officers, directors, employees, and agents shall not be liable for any user submissions, user content, or third party content including without limitation games, videos, images, comments, reviews, messages or the defamatory, offensive, or illegal conduct of any third party and that the risk of damage or harm from this rests entirely with you.

If you are located in New Zealand and the Consumer Guarantees Act 1993 applies to your purchase, then: (a) if you are acquiring the goods or services for the purposes of a business then you agree that the Consumer Guarantees Act 1993 does not apply; and (b) if you are acquiring the goods or services for non-business purposes then to the extent to which Rekur Limited is entitled to do so, Rekur Limited limits its liability in respect of any claim under the Consumer Guarantees Act 1993 to: in the case of goods, at Rekur Limited's option: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and, in the case of services, at Rekur Limited's option: the supplying of the services again; or the payment of the cost of having the services supplied again. In either case, we do not provide any Express Guarantees as defined in the Act.

Indemnity

You agree to indemnify, defend, and hold harmless Big Fun Town, Rekur Limited, its owners, officers, directors, employees, and agents, from and against any and all losses, liabilities, claims, damages, obligations, costs and expenses, including without limitation attorney's fees, arising from or in connection with your and your dependents use, misuse, or access to Big Fun Town, your and your dependents use, misuse, or access to Game Store Games, your and your dependents violation of these Terms of Use, your and your dependents violation of any law or the rights of any third party including without limitation any copyright, property right, or privacy right, or any claim that any of your and your dependents submissions of content or any of your and your dependents actions caused damage to a third party. This obligation of indemnification will survive these Terms of Use and your and your dependents use of Big Fun Town.

Governing Law

You agree and understand that any claim relating to Big Fun Town shall be governed by the laws of New Zealand without regard to its conflict of law provisions and that Big Fun Town shall be deemed solely based in New Zealand and that Big Fun Town shall be deemed a passive website that does not give rise to personal jurisdiction over Big Fun Town, either general or specific, in jurisdictions other than New Zealand.

Other

You understand and agree that you have no ownership rights in any account you may have with Big Fun Town. Big Fun Town may cancel, suspend, or terminate any accounts you have, or restrict access by you to Big Fun Town, and may delete any or all user content associated with your account, at any time, without warning or prior notice, and at our sole discretion, if you are in found to be in violation of any of these Terms of Use, the law, or for any other reason whatsoever. Big Fun Town assumes no liability for any content or information that is removed or deleted from Big Fun Town. Additionally, any warning we may give you does not constitute a waiver of our right to suspend, terminate, or otherwise restrict your access, nor does it constitute a waiver of any other rights or provisions under these Terms of Use.

Big Fun Town does not necessarily monitor user actions or any submitted user content. If you think that something on Big Fun Town violates these Terms of Use, please email us at admin@bigfuntown.com with at least sufficient details to investigate.

If any provision of these Terms of Use is unlawful or unenforceable, that provision is deemed severable from these Terms of Use and the remaining provisions shall remain in full force and effect.

The waiver of any provision from these Terms of Use shall not be deemed a further or continuing waiver of such provision or any other provision, and Big Fun Town's failure to use any rights or provisions under these Terms of Use does not constitute a waiver of such right or provision.