LICENCE TERMS AND CONDITIONS – APPLICABLE WORLDWIDE EXCEPT WHERE WE PUBLISH SPECIFIC TERRITORIAL TERMS AND CONDITIONS
These terms and conditions outline the rules and regulations for the use of our Website and of our Applications for Mobile devices and for the Web.
I - Introduction
By using our Mobile/Web Applications you are agreeing to abide by the following terms. We may, at our discretion, update these terms periodically.
These terms and conditions (“Terms”) set out important information regarding the rights, obligations and restrictions that may apply to you as a “User” when you access our “Website” at https://bigar.com/ and/or access, use or download our “Applications” available on “Devices” such as cell phones, tablets, and personal computers (collectively, the “Services”).
The Services may include content and media identification and exploration and, in some cases, access to related “Third Party Applications and/or Sites” that can be used in conjunction with the Services (for example, e-commerce providers, social networking sites, sites accessible via QR codes, information and access feature providers). The Services, where not specifically provided otherwise, are supplied by BigAR, a TSCG brand (“we,” us,” and “our” as appropriate). We are a limited company incorporated in Portugal. Our registered office is at: Praça de Alvalade, number 7, 2nd floor, 1700-036 Lisboa. You can also contact us by phone: +351 (21) 7960505 and by email at firstname.lastname@example.org. By using our Services, you (1) represent you are over the age of 18; and (2) agree to be bound by these Terms and any applicable laws regarding your use of our products and Applications. You must also pay any charges for the Services which may be applicable. If you do not agree to these terms and conditions, you may not access or otherwise use our Services.
These terms may be accessed via the Application directly from your Device or on our Website.
PLEASE READ THE AGREEMENT CAREFULLY BEFORE USING THE SERVICE.
II - Copyrights, Trademarks and Licenses
We respect the intellectual property of others, and we expect our Users to do the same.
You acknowledge that all content found within the Services’ design, text, graphics, logos, audio, pictures, videos, software, pricing information and card databases, and other files (collectively, “Materials”) is the property of TSCG (“BigAR”). These Materials may not be copied, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, exploited, create derivative works or otherwise use any of the Materials in any form or by any means, without express written permission from us. We authorize you to view and download the Materials exclusively for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes.
Other trademarks and Materials may appear on our Services, but not be owned by BigAR, including, but not limited to, Magic: The Gathering, Pokémon, Yu-Gi-Oh!, DragonBall, Final Fantasy, Force of Will, Buddyfight, My Little Pony, Dragoborne, Cardfight! Vanguard, Weiss Schwarz, UFS, Star Wars and World of Warcraft. These Materials are the property of their respective owners.
III - Usage Policy
In the event that you are or become a paying customer of any part of the Application and/or Services or any other product part of our offering, we will provide to you relevant information regarding price, delivery procedure and cancellation options on a case–by-case basis, before completing the payment for your purchase. Any purchase will be effective upon the processing of your payment.
Once you start using our Services, you hereby agree to waive any right to a limited period in which you could revoke your purchase or claim a refund upon cancellation of your purchase (also known as a cooling off period) (if any) available to you under any applicable e-commerce regulations or consumer protection laws. In the event a waiver of these rights is prohibited under the law, this cooling off period shall be limited to seven (7) days or (if shorter) the minimum period permitted by law.
Each time you attempt to interact with our Services, such as when you scan a card, you will send data for which your network operator will charge at your usual data rates.
We may change, suspend or discontinue, temporarily or permanently, any aspect of the Services at any time, including the availability of any feature, database and/or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without liability.
IV - Availability of Services
We will do our best to offer you a smooth service, but we give no guarantees that the Services will be fault free or that they will be uninterrupted. If a fault does occur, please report it to Customer Services, at email@example.com or by using our in-app support options, and we will attempt to correct the fault as soon as we reasonably can.
We will occasionally restrict your access to the Website or to the Services to carry out repairs, maintenance or to introduce new functionality or services and we will endeavor to keep disruption to a minimum.
New Services are subject to a period of testing. This means that a new Service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software “bugs” being fixed by us and may have other issues affecting availability and functionality.
V - Legal Protection and Limitations
You acknowledge that the Services’ Website and Applications (and any other Third Party Applications and/or Sites) licensed by us to you are our property (or that of the relevant third party). You are granted a limited, revocable, non-exclusive, non-transferable (without the right to sublicense) license to use the Services or any Third Party Application and/or Site for the purpose of accessing them.
Except as expressly authorized by us, you may not copy, modify, translate, reproduce, distribute, publish, broadcast, perform, display, sell, assign, lease or sub-license that content, in whole or in part. You agree not to disassemble, de-compile, reverse engineer, or otherwise attempt to gain access to the source code of the Application or Services or any Third Party Application and/or Site. You will not copy any part of the Services or any Third Party Applications and/or Sites or make commercial use of, rent, lease, loan, sell, publish, license, sublicense, distribute, assign or otherwise transfer any part of the Services or such Third Party Application and/or Site to any person.
You agree to not use the Services to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of any rating system used on the Services; (ii) interfere with or disrupt the Services or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to these; (iii) collect or store personal data about other Users of the Services; or (iv) harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other User without their prior explicit consent.
You will not alter, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels on or embedded within any part of the Services and/or any Third Party Applications and/or Sites. Under no circumstances will we or our respective parents, subsidiaries, and affiliates, suppliers and their respective owners, officers, manager, members, agents and employees, be liable to you for loss of profits, business interruptions, loss of business information, loss of business, opportunity or other pecuniary loss, loss of data or any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses, whether based in contract, tort or otherwise, arising out of or in connection with use of, or inability to use the Services which we license to you, any content delivered to you or the Services, whether or not we have been advised of the possibility of such damages or loss. In any event, our liability to you shall be limited to typical and foreseeable damage and shall not exceed the fees for a three (3) month period or the maximum amount of fifteen dollars ($15), whichever is higher. Some jurisdictions (countries, provinces, states) absolutely prohibit some limitations on liability, disclaimer of warranties or exclusion of direct or consequential damages. In such cases only, the above disclaimers, limitations or exclusions may not apply to you to their full extent.
Nothing in these terms shall be construed so as to exclude or limit our liability or that of any third party for death or personal injury as a result of negligence. Nothing in these Terms affects any mandatory statutory rights that you may have as a consumer, except to the extent permitted by law. All trademarks, logos, designs and images used in connection with the Application, Website and Services remain the property of BigAR or their respective owners.
If you have any queries regarding us, the Website, Application and/ or Services, please contact us by email at firstname.lastname@example.org.
We may amend these Terms at any time by posting the amended terms on our Website and/ or by amending the Terms as they are accessed from the Application on your Device. It is your responsibility to review these Terms from time to time to check if they have been amended. If you continue to use the Application and/ or Services or you download any content or upgrade any of the Services after we have posted any amended terms that will demonstrate that you accept our updated Terms. Should you not accept these amendments, Services may be terminated.
Unsolicited Ideas and Feedback
We welcome your feedback on what we are currently doing (both positive and negative). If you want to send us your feedback, we ask that you use our contact form. Any feedback you provide to us can be used by us on an unrestricted basis and treated by us as non-confidential.
These Terms and the relationship between you and us shall be governed by the laws of Portugal without regard to its conflict of law provisions. In the event of a dispute, we want to address your concerns without needing a formal legal case. Before filing a claim against us, you agree to try to resolve the dispute informally by contacting us through the email email@example.com. We’ll try to resolve the dispute informally by contacting you via email.