Last Revised: October 12, 2011
BigDoor, Inc. and its subsidiaries and affiliated companies (collectively, “us”, “we,” or “BigDoor“) provides a platform that allows online gaming companies, social media networks, and other partners (collectively, “Publishers”) to customize, administer, and make available to you virtual currency (“Credits”), certain virtual products and services (“Virtual Goods”) and certain tangible goods (“Tangible Goods” and together with Virtual Goods, “Goods“) through BigDoor’s and its Publishers websites, products, applications (including mobile applications and applications available on social networking sites and other platforms), and services (each, a “Site” and collectively, the “Sites”).
If you have any questions about these Terms, please contact us through the BigDoor website at: http://www.bigdoor.com/contact.
To acquire Credits or Goods, you must be a registered user of a Site and comply with these Terms. You are responsible for maintaining the security of your account and password and making sure that no one besides you has access. In the event of a breach, you must notify BigDoor immediately at firstname.lastname@example.org. You are responsible for all activities that occur under your account. BigDoor reserves the right to refuse or cancel your acquisition of Credits or Goods at any time in BigDoor’s sole discretion.
You are responsible for all applicable sales or use taxes, duties, or other governmental taxes or fees payable in connection with your acquisition, redemption, or use of Credits or Goods. If you do not pay the required taxes and fees, you will be responsible for all payments of taxes, fees, and other penalties that are later determined to be due. BigDoor reserves the right to collect applicable taxes or other fees from you at any time.
BigDoor, through the Publishers, may offer you the opportunity to obtain a white-label version of the Credits and redeem those Credits for use on a Site through the BigDoor’s online redemption center (the “Rewards Center“). Credits are provided to you without charge on a promotional basis. BigDoor may restrict your acquisition, use, and redemption of Credits by limiting: the number of Credits you may have credited to your account balance at one time, the number of Credits you may redeem within a given period (for example, one day), the number of Credits you may obtain in a single event, and other features and uses determined by us in our sole discretion. Credits may be redeemed solely by BigDoor on a Site through the Rewards Center, cannot be transferred to any other user or third party and cannot be redeemed for cash. We may restrict your ability to obtain or redeem your Credits based on your place of residence. We reserve the right to change the way you may acquire Credits or to discontinue the Credits program at any time.
B. Redeeming Credits
Credits are redeemable for certain Goods determined by BigDoor in its sole discretion from time to time. We may provide you with the opportunity to redeem Credits for either Virtual Goods (as described in section 5 of these Terms) or Tangible Goods (as described in section 6 of these Terms).
C. Expiration and Transfer of Unused Credits
BigDoor reserves the right to expire Credits ninety (90) days after the date they are provided, except if otherwise required by law. Alternatively, if you do not use your Credits within ninety (90) days after the date you acquire them, you authorize BigDoor to transfer your unused Credits to other users of the applicable Site, at BigDoor’s sole discretion.
D. Voluntary Account Deactivation
If you voluntarily deactivate your account with a Publisher and have a remaining balance of Credits, then we will hold them pending your reactivation, subject to the expiration and transfer terms specified in section 4(C) of these Terms.
E. Suspended Accounts
F. Posting Errors
If we post Credits to your account for an activity that is subsequently voided or canceled or that involves a returned item, then we will remove those Credits from your account. You must ensure that we properly post your Credits to your Credits account. If you believe that you have validly acquired Credits that we have not posted to your Credits account, you must contact us within ninety (90) days after the date you claimed to have acquired those Credits. We may require reasonable documentation to support your claim.
4. LICENSE OF VIRTUAL GOODS
In BigDoor’s sole discretion, we may offer you the opportunity to redeem Credits for access to or otherwise acquire certain Virtual Goods through the Rewards Center accessible on a Site. As part of this service and subject to these Terms, we grant you a limited, personal, revocable, non-transferable license to use the Virtual Goods through the applicable Site. Even though we use words such as “acquire,” “redeem,” and “order” in these Terms and on the Site, you do not own any Virtual Goods, which are provided by BigDoor.
The existence of a particular Virtual Good available for redemption with Credits is not a commitment by us to maintain or continue to make that Virtual Good available in the future. We may revise, discontinue, or modify Virtual Goods at any time without providing you with prior notice. We will have no liability of any kind if a Virtual Good that you order is unavailable. If necessary, we reserve the right to substitute items of equal or greater value when a Virtual Good is unavailable or to cancel your acquisition and refund your account balance with the amount of Credits you paid for the Virtual Good.
5. ORDER AND DELIVERY OF TANGIBLE GOODS
In BigDoor’s sole discretion, we may offer you the opportunity to redeem Credits to acquire certain Tangible Goods through the Rewards Center accessible on a Site. In most cases, Tangible Goods will be shipped within 4 to 6 weeks of your order, but there are circumstances when it may take longer. BigDoor will not ship any Tangible Goods to an address that is not in the continental United States. BigDoor does not guarantee that any Tangible Goods will arrive within a certain period or by a certain date. All orders are shipped FOB shipping point, and we are not responsible for any shipping delays, losses, or problems after any Tangible Goods have been shipped. BigDoor reserves the right to charge you for reasonable shipping and handling costs.
Tangible Goods are available in only limited quantities and provided to you on a promotional basis and without commitment to maintain or continue to make those Virtual Goods available in the future. BigDoor or the Publishers may revise, discontinue, or modify Tangible Goods offered through Sites at any time without providing you with prior notice. We will have no liability of any kind if Tangible Goods become unavailable after you order them and reserve the right to refund your account balance with the amount of Credits you redeemed for any unavailable Tangible Goods.
BigDoor does not warrant that product descriptions, photographs, pricing, or other content regarding Tangible Goods displayed on a Site is accurate, complete, reliable, current, or error-free. All weights and size dimensions are approximate. All orders of Tangible Goods are final. Except at our sole discretion, BigDoor will not exchange any Tangible Goods or refund your account with Credits after you place an order for Tangible Goods, even if the Tangible Goods provided to you are defective, different from what you ordered, or otherwise unacceptable. We reserve the right to cancel any order of Tangible Goods at any time at our sole discretion.
Although we try to be as accurate as possible and eliminate errors associated with a Site, we do not warrant that any product, service, description, photograph, pricing, or other information is accurate, complete, reliable, current, or error-free. In the event of an error (whether on a Site, in an order confirmation, in processing an order, delivering Credits or Goods, or otherwise), we reserve the right to correct such error. This correction may entail revising your order as necessary (including charging the correct price) or cancelling the order and providing you with a merchandise or service credit (including issuing, at our option, Credits as described above), with a value at least equal to the amount charged to you. We reserve the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a credit as set forth above. To request a credit, contact us. You release us from all liability and claims of loss resulting from any error that you do not report to us within sixty (60) days after the error first occurs. If you do not tell us within this time, we will not be required to correct the error.
7. LIMITATION OF LIABILITY
IN NO EVENT WILL BIGDOOR OR A PUBLISHER BE LIABLE (i) TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF YOUR ACQUISITION OR USE OF, OR INABILITY TO ACQUIRE OR USE, ANY CREDITS OR GOODS, EVEN IF BIGDOOR OR A PUBLISHER OR THEIR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (ii) TO ANY PERSON OTHER THAN YOU NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN. LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF $100 OR THE AMOUNT PAID (IF ANY) BY YOU TO BIGDOOR FOR THE CREDITS OR GOODS. BIGDOOR AND ITS PUBLISHER’S DISCLAIM ALL LIABILITY FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS OR “HACKERS”) OF CREDITS, GOODS, OR THE SITES.
8. DISCLAIMER OF WARRANTIES
BIGDOOR AND ITS PUBLISHERS PROVIDE CREDITS, GOODS, AND THE SITES ON AN “AS IS” BASIS AND GRANT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH BIGDOOR OR ITS PUBLISHERS WITH RESPECT TO CREDITS, GOODS, OR THE SITES. ANY WARRANTY ON TANGIBLE GOODS ACQUIRED THROUGH A PUBLISHER’S SITE ARE PROVIDED BY THE ORIGINAL MANUFACTURER ONLY AND NOT BY BIGDOOR. BIGDOOR AND ITS PUBLISHERS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BIGDOOR AND ITS PUBLISHERS DO NOT WARRANT THAT YOUR ACQUISITION OR USE OF CREDITS OR GOODS OR YOUR USE OF THE A SITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
10. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Seattle, Washington, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or BigDoor may seek any interim or preliminary relief from a court of competent jurisdiction in Seattle, Washington necessary to protect the rights or property of you or BigDoor pending the completion of arbitration.