Terms Of Service (TOS)
Terms Of Service
- ACCEPTANCE OF TERMS
Akwaaba – Welcome to BiGxGh. BiGxGh provides its service to you, subject to the following Terms of Service (“TOS”), which shall be amended periodically without notifying you. In addition, when using particular BiGxGh owned or operated services, you and BiGxGh shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
- DESCRIPTION OF SERVICE.
BiGxGh currently provides users with access to a rich collection of resources, including, various communications tools, forums, shopping services, search services and personalized content through its network of properties (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for BiGxGh to provide its Service. You also understand and agree that the service may include certain communications from BiGxGh, such as service announcements, administrative messages and the BiGxGh Newsletter, and that these communications are considered part of your BiGxGh membership and you will not be able to opt out of receiving them.
Unless overtly stated otherwise, any new features that boost or enhance the current Service, including the release of new BiGxGh services, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that BiGxGh assumes no responsibility for the relevance, deletion, undelivered or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Please be aware that some BiGxGh content may contain adult or mature content. You must be at least 18 years of age to access and view such areas.
- MEMBERSHIP OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person striped from receiving services under the laws of Ghana or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BiGxGh has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BiGxGh has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). BiGxGh is concerned about the safety and privacy of children. When you create a BiGxGh account, you certify that you are at least 13 years old.
BiGxGh and other names used throughout the site are either trademarks or registered trademarks of BiGxGh LLC or other third parties. Other product and company names mentioned on the Site may be trademarks of their respective owners.
- Using content / photographs from BiGxGh
All of the articles and some of the photographs from this site are the property of BiGxGh or its contributing members. We never give permission to reuse articles and vigorously protect our copyrights. We sometimes give permission to use one or two photos with credit given to www.BiGxGh.com. If you would like to use a photo you find on BiGxGh please contact us and get our permission.
- BiGxGh copyright policy
BiGxGh is committed to protecting the intellectual property of third parties.All of the photos, articles and videos found on BiGxGh are uploaded by our registered members. Registered members agree to a comprehensive Terms of Service when they join and again when they upload content. The Terms of Service clearly state that copyright violations of any kind are not tolerated. All content posted to BiGxGh is the sole responsibility of the member who posted it.
If you feel that a post on BiGxGh is violating your copyright please contact us with the following:
1. The exact URL(s) of the content
2. The name, address and phone number of the copyright holder
3. Evidence to support copyright ownership
4. Your contact information
5. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Upon receiving your request BiGxGh will perform an investigation. If the content in question is in violation of prevailing copyright laws it will be removed and the member who posted it will have their account disabled.
- MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify BiGxGh of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. BiGxGh cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
- MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not BiGxGh, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. BiGxGh does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that may be offensive, indecent or objectionable. Under no circumstances will BiGxGh be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in anyway
- impersonate any person or entity, including, but not limited to, a BiGxGh official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- “stalk” or otherwise harass another; or collect or store personal data about other users.
You acknowledge that BiGxGh may or may not pre-screen Content, but that BiGxGh and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, BiGxGh and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by BiGxGh or submitted to BiGxGh, including without limitation information in BiGxGh Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that BiGxGh may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of BiGxGh, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by BiGxGh and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
- SPECIAL REPRIMANDS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- LIMITED RIGHT TO USE
The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of plagiaristic works or other use. No part of any content, form or document may be reproduced in any form or integrated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution) or as allowed via the site (such as RSS feeds)
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BiGxGh has no control over such sites and resources, you acknowledge and agree that BiGxGh is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BiGxGh shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
- PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
BiGxGh respects the intellectual property of others, and we ask our users to do the same. BiGxGh may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide BiGxGh the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you and BiGxGh and govern your use of the Service, overriding any prior agreements between you and BiGxGh. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other BiGxGh services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and BiGxGh shall be governed by the laws of Ghana without regard to its conflict of law provisions. You and BiGxGh agree to submit to the personal and exclusive jurisdiction of the courts located within the realm of Accra, Ghana.
Waiver and Severability of Terms. The failure of BiGxGh to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your BiGxGh account is non-transferable and any rights to your BiGxGh I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our customer support. Thank you.