Updated on November 1, 2014
Welcome to Luzeon LLC’s (a.k.a. "BiggerCity App", "We", "Our") mobile device software application. BiggerCity App provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time with or without notice to you. You can always review the most current version of the TOS at any time at: http://www.biggercityapp.com/tos In addition, when using particular BiggerCity App features (e.g., Messaging, Events, and Profiles), you and Luzeon shall be subject to any posted guidelines or rules applicable to such Services, which may also be updated from time to time with or without notice to you. All such guidelines or rules are hereby incorporated by reference into the TOS.
BiggerCity App currently provides users with access to a rich collection of on-line resources, including, various communications tools, profiles, personalized content and branded programming through its network (the "Service"). You also understand and agree that the Service may include certain communications from BiggerCity App, such as service announcements, administrative messages and email newsletters, and that these communications are considered part of BiggerCity App membership and you may or may not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new BiggerCity App programs, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that BiggerCity App assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the internet, either directly or through devices and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the internet including a computer, smart phone, broadband/wifi or other access device.
THE BIGGERCITY APP APP SERVICES ARE INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE BIGGERCITY APP APP SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. BIGGERCITY APP APP IS NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES, FLEET TRACKING, OR ANY OTHER TYPE OF BUSINESS OR ENTERPRISE USE .
YOU MUST BE 18 YEARS OR OLDER, AND OF LEGAL AGE IN YOUR COUNTRY / STATE / PROVINCE / LOCALE OF RESIDENCE TO ACCESS ADULT CONTENT AS SUCH PROVIDED BY THIS SITE.
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 barred from receiving services under the laws of the United States or other applicable jurisdiction, you 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 BiggerCity App has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BiggerCity App 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).
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 BiggerCity App 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. Sharing your user name and password with anyone else, is a ground for immediate cancellation of your BiggerCity App account and/or subscription. BiggerCity App cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You can purchase a paid "Premium" subscription to have full unlimited access to all the private sections of the app. Subscriptions are sold for blocks of time (e.g., 3 months) and expire at the end of that period. For your convenience, paid Premium subscriptions will be set to be automatically renewed two days (48 hours) before its expiration date using the same billing and subscription package information supplied during registration or the most recent billing and package information on record. Any pricing changes for subscription packages will be also applied to auto-renewed subscriptions. You can choose NOT to have your Premium subscription automatically renew by contact us to cancel the pending auto-renewal order. If you choose to disable the auto-renewal option your subscription will expire and your account will revert back to a Basic account with limited access to the site. You can manually upgrade your Basic account with a Premium subscription at any time to regain full access to all the site's sections and features.
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 BiggerCity App, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. BiggerCity App does not control the Content posted via the Service and, as such, does not guarantee the accuracy, source, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will BiggerCity App 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 or otherwise transmitted via the Service.
You agree to NOT use the Service to:
NO SPAM: You may not use BiggerCity App or any of our communication tools to transmit, directly or indirectly, any unsolicited communications (including messages, chat and flirts) You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not use any of our communication messaging tools to promote businesses, schemes, web sites, online services, organizations, events, or similar without the explicit written authorization of BiggerCity App. You may not induce or allow others to use BiggerCity App to violate the terms of this section. We may terminate your access or use of BiggerCity App immediately and take any other legal action if you, or anyone using your access to BiggerCity App, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our servers or networks.
Any items listed above may result in termination of your member account and/or visitor access to this site, partner sites, and services. REFUNDS FOR PAID SUBSCRIPTIONS WILL NOT BE ISSUED UNDER ANY CIRCUMSTANCE, IF YOUR ACCOUNT IS TERMINATED DUE TO A VIOLATION OF THIS TERMS OF SERVICES AGREEMENT.
You acknowledge that BiggerCity App may not pre-screen Content, but that BiggerCity App and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, BiggerCity App and its designees shall have the right to remove any Content that violates the TOS, the Community Guidelines, 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 BiggerCity App or submitted to BiggerCity App, including without limitation information in the forums, chat, personal ads, columns, and in all other parts of the Service.
You acknowledge and agree that BiggerCity App may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such 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; or (d) protect the rights, property, or personal safety of BiggerCity App, its users and the public.
You are solely responsible for your interactions with other members. BiggerCity App reserves the right, but has no obligation, to monitor disputes between you and other members.
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.
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.
(a) For purposes of the TOS, "publicly accessible areas of the Service" are those accessible by the general public. By way of example, a publicly accessible area of the Service would include public BiggerCity App informational pages and BiggerCity App profiles but not solely limited to these.
(b) With respect to Content you elect to post for inclusion in publicly accessible areas of BiggerCity App or that consists of photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant BiggerCity App the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific BiggerCity App area to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Service. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete or request removal of such Content from the Service.
(c) With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant BiggerCity App the royalty-free, perpetual, irrevocable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You agree to indemnify and hold BiggerCity App, its parent company, its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, (including your BiggerCity App account), use of the Service, or access to the Service.
You acknowledge that BiggerCity App may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages, flirts, message board postings or other uploaded or posted Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on BiggerCity App's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that BiggerCity App has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that BiggerCity App reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that BiggerCity App reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. BIGGERCITY APP RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR ANY USER’S USE OF THE BIGGERCITY APP SERVICE, INCLUDING A USER’S REGISTRATION OR INVITE-A-FRIEND ATTEMPTS, AS WELL AS A USER’S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, BIGGERCITY APP ALSO RESERVES THE RIGHT TO (A) DISABLE ANY USER’S USE OF OR ACCESS TO THE BIGGERCITY APP SERVICES, INCLUDING THE LOCATION INFORMATION OR PROFILES OF OTHER USERS, OR (B) TERMINATE ANY USER’S ACCOUNT, FOR ANY REASON AND WITHOUT ANY NOTICE.
BiggerCity App reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BiggerCity App shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that BiggerCity App, in its sole discretion, may terminate your password, account (or any part thereof), subscription, or use of the Service, and remove and discard any Content within the Service, for any reason, Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that BiggerCity App may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. When BiggerCity App terminates your account for any reason, BiggerCity App has the sole discretion of offering a refund, if any, for an active paid subscription to cover any unused part or period of the service. Further, you agree that BiggerCity App shall not be liable to you or any third-party for any termination of your access to the Service.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that BiggerCity App shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. BiggerCity App and its licensees may publicly display advertisements and other information adjacent to Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BiggerCity App has no control over such sites and resources, you acknowledge and agree that BiggerCity App 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 BiggerCity App 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.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BiggerCity App or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
You expressly understand and agree that:
You expressly understand and agree that BiggerCity App shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BiggerCity App has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 18 and 19 may not apply to you.
Notices to you may be made via either email, message, or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
BiggerCity App, the BiggerCity App logo, and other BiggerCity App logos and product and service names are trademarks of Luzeon. (the "BiggerCity App Marks"). Without BiggerCity App's prior permission, you agree not to display or use in any manner, the BiggerCity App Marks.
The TOS constitute the entire agreement between you and BiggerCity App and govern your use of the Service, superseding any prior agreements between you and BiggerCity App. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and BiggerCity App shall be governed by the laws of the State of Maine without regard to its conflict of law provisions. You and BiggerCity App agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Cumberland, Maine. The failure of BiggerCity App 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. 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.
Attention: Copyrights Agent
PO Box 4611
Portland, ME 04112
Email: [email protected]
Please report any violations of the TOS to: [email protected]