Terms of Service

Welcome to the Business Inside the Game, LLC. (“Business Inside the Game”, "BIG", “us” “we” or “our”) website. Please read these Terms of Service (the “Terms”) carefully because they govern your use of our websites including teambig.io, bigsummit.co, and any other websites that we may later own or operate (each, a “Site,” and collectively, the “Sites”); our mobile and desktop applications (“Apps”), our application program interfaces (“APIs”), and services we may later own or operate (collectively, with the Sites, Apps, APIs, the “Services”). By using the Services, and the features made available through the Services, you are acknowledging that you have read, understand and agreed to these Terms and expressly agree that they form a binding contract between you and Business Inside the Game.  The Services are not targeted at children under the age of 13, and they are not permitted to use the Services. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Services, you affirm you are at least 13 years old.

ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION” SECTION BELOW, THESE TERMS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION SOLELY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF A CLASS, REPRESENTATIVE OR CONSOLIDATED ACTION.

1. Agreement to these Terms

By using the Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

2. Changes to the Terms or Services

We may modify the Terms at any time, at our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Site or through other communications. If you continue to use the Services after such a change, you are indicating that you agree to the modified Terms. We may also change or discontinue all or any part of the Services, at any time and without notice or liability, at our sole discretion.

To the maximum extent legally permitted, you cannot link to or seek to extract data from this Site or reutilize any part of this Site or Content for any commercial purpose or use our Trademarks in a way that suggests that you or your business has any endorsement from or affiliation to us without our prior written permission (at our sole discretion).

3. Account

You may browse the Site without registering for an account. You will be required to register for an account to use certain features of the Services. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user’s account without that user’s permission.

You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else’s rights. You will have no ownership in your account or your username. Notwithstanding anything to the contrary in these Terms, we reserve the right to deny the creation of, suspend access to or terminate any account(s), or to remove or modify Content, features, functionalities and/or services available to account holders, at any time in its sole discretion and without prior notice or liability to you.

4. Content

Your use of the Services and their contents including, without limit, any text, data, logos, graphics, photographs, images, animations, software, apps, forms, videos, music and other audio/visual materials that you access (“Content”) is subject to these Terms. Any Content that you access on the Services is either owned by us (or third parties who license such Content to us) and is made available only for your own personal use on the condition that you must not republish, post, transmit, edit, adapt, syndicate or distribute any Content without our prior written permission. The names ‘Business Inside the Game’, ‘BIG’, ‘BIG Summit’ and other business names and logos displayed on the Services may be trademarks belonging to us (“Trademarks”).

To the maximum extent legally permitted, you cannot link to or seek to extract data from the Services or reutilize any part of the Services or Content for any commercial purpose or use our Trademarks in a way that suggests that you or your business has any endorsement from or affiliation to us or other companies in partnership with Business Inside the Game, or in any other way, without our prior written permission (at our sole discretion). No act of downloading or copying from, or otherwise using, the Services, even with our permission, will transfer any title, interest or right in or to any Digital Property or Content to you. Business Inside the Game hereby expressly reserve all rights not expressly granted in and to the Services and Content.

5. Links to Other Websites

The Services may link to third-party websites from time to time. These links are provided for your convenience only. We do not control third-party websites and are not responsible for their contents or how they operate. Where the Services include any links to third-party websites, this does not imply any endorsement by us of the goods, services or materials made available on such websites. YOU ACKNOWLEDGE THAT (TO THE MAXIMUM EXTENT LEGALLY PERMITTED AND UNLESS WE STATE OTHERWISE) WE SHALL NOT BE LIABLE IN RESPECT OF YOUR USE OF THOSE THIRD-PARTY WEBSITES OR ANY PURCHASE YOU MAKE THROUGH THEM. BUSINESS INSIDE THE GAME WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, US OF OR RELIANCE ON ANY THIRD-PARTY SITES.

6. Confidentiality

6.1. Confidential Information. We (the “Discloser”) have disclosed or may disclose proprietary or non-public business, technical, financial, or other information (“Confidential Information”) to you (the “Recipient”). Our Confidential Information expressly includes non-public information regarding features, functionality, and performance of the Services, including security related information.

6.2. Obligations. The Recipient will use the Discloser’s Confidential Information only for the purpose of evaluating whether or not to use (or continue to use) the Services. The Recipient will not disclose the Discloser’s Confidential Information to parties other than the Recipient’s employees, contractors, affiliates, agents, or professional advisors (“Representatives”) who need to know it and who have a legal obligation to keep it confidential. The Recipient will ensure that its Representatives are subject to no less restrictive confidentiality obligations than those herein. Notwithstanding the foregoing, the Recipient may disclose the Discloser’s Confidential Information: (a) if directed by Discloser; or (b) to the extent required by applicable legal process, provided that the Recipient uses commercially reasonable efforts to (i) promptly notify the Discloser in advance, to the extent permitted by law, and (ii) comply with the Discloser’s reasonable requests regarding its efforts to oppose the disclosure. The obligations set forth herein will survive for so long as these Terms are in effect between the parties and for five years thereafter.

7. Use and Acceptable Conduct

You must only use the Services for legal purposes in accordance with these Terms and are prohibited from using our Services to engage in any fraudulent activity or in a manner that (in our reasonable opinion) is liable to damage our business or harm other users. Your use of our Services is subject to our membership rules and other policies or guidelines that we may communicate to you from time to time.

You also undertake that any personal data and other information you may provide to us when registering or signing up to any services on the Services is complete, accurate and up to date. In relation to any material you submit to us or post on the Services, you undertake to us that either you own this material or have the necessary rights, clearances and or approvals you need to submit or post such material.

Subject to your compliance with these Terms, we give you the limited, non-exclusive, non-transferable, and revocable right to access and use the Services solely for your personal and non-commercial use. However, we do not give you any right to, and you hereby agree not to:

7.1. Use the Services or any portion thereof for any commercial use or for the benefit of any other person or entity, including without limitation by selling, renting, leasing, assigning, transferring, hosting, or otherwise commercially exploiting any Service or any portion thereof;

7.2. Copy, stream, reproduce, duplicate, archive, store (other than standard browser caching), download, publish, modify, make derivative works of, reverse engineer, translate, or distribute any Service or portion thereof by any means, other than as expressly allowed by these Terms or as otherwise clearly contemplated by the features and functionalities of the Services.

7.3. Remove, alter, bypass, avoid or circumvent any copyright, trademark or other proprietary notice, digital rights management mechanisms or other content protection measures included in or associated with the Services or any Content

7.4. Use any software robots, spiders, crawlers, or similar data mining, gathering or extraction tools or methods, whether automated, programmed or manual, including without limitation to access, acquire, copy, monitor or make submissions through any portion of the Services.

7.5. Knowingly or intentionally take any other action that may impose an unreasonable burden or load on the Services or its servers and infrastructure. Any unauthorized use by you, or otherwise under your account or on your computer or personal device, of the Services any portion thereof will immediately terminate the limited rights granted to you under these Terms, and such termination will be without prejudice to any other right or remedy we may have under applicable law or in equity. You agree to compensate us in relation to any third-party legal actions or claims that are made against us and for any associated losses, damages or expenses (including any legal expenses) that we suffer as a result of you breaching your obligations or undertakings in this Section 4.

You agree that you will comply with all applicable laws, rules and regulations, and that you will not: Use the Services for any unlawful purpose; Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company; Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; or © any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication; Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, or contains any personal contact information or other personal information identifying any third party; Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; Harvest or collect information about Digital Properties users.

8. Infringement Claims

Under the Digital Millennium Copyright Act of 1998 and the Copyright, Designs and Patents Act 1988 (the “Copyright Acts”) if you believe in good faith that any content on the Digital Properties infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Digital Properties that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); © identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Digital Properties; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the Copyright Acts at http://www.loc.gov/copyright.

Notices and counter-notices should be sent to legal@teambig.io. There can be penalties for false claims under the Copyright Acts. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Digital Properties of repeat infringers.

9. Our Liability

Nothing in these Terms shall exclude or limit our liability for fraud or for death or personal injury resulting from our negligence (or the negligence of our employees or agents) or where applicable law does not permit us to restrict or exclude particular obligations or liabilities.

While we endeavor to provide the best digital experience we can, including without limitation by offering accurate and current Content, we cannot and do not guarantee that the Services or any portion thereof will always be fully-functional, current or accurate. Subject to the above paragraph we do not accept any liability for damage to any computer or device that you use to access the Services or in relation to any loss of data when you use the Services. In addition, we cannot guarantee that any Content you access or download is free from viruses, worms or other malware, and you should check that you have suitable, up-to-date virus or malware protection on your computer or device.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT THE SERVICES, AND ALL ASPECTS THEREOF, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION: (1) WARRANTIES OF MERCHANTABILITY, TITLE, AVAILABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE; (2) WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR OPERATE WITH THE DEVICES, HARDWARE OR SOFTWARE YOU USE; OR (3) WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED, CURRENT, OR FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

While we will correct any errors in the Services that come to our attention as soon as we reasonably can, we do not undertake or warrant that the Services or the Content will be completely free from bugs or errors or that the Services will be available on an uninterrupted basis. You accept that access to the Services (or certain features) may be interrupted or suspended without notice in the case of IT system issues or where we need to undertake maintenance or due to other reasons beyond our reasonable control.

We do not make any representation and exclude all warranties, terms or conditions (whether express or implied by law or otherwise) in respect of the Services or Content, including, without limitation, any decision you take on the basis of information provided through the Services, except that nothing in these Terms shall exclude or restrict your statutory rights or other rights that cannot be excluded or restricted under applicable law. You agree that, to the maximum extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Services is to stop using and, where applicable, uninstall the Services.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SOHO HOUSE, ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “BIG PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION FOR LOSS OF USE, LOST DATA, LOST BUSINESS OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS. IN ADDITION, IF AND TO THE EXTENT BUSINESS INSIDE THE GAME (BIG) IS LIABLE FOR ANY DIRECT DAMAGES FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE DIGITAL PROPERTIES, OR THESE TERMS, THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF BUSINESS INSIDE THE GAME FOR SUCH DIRECT DAMAGES WILL BE LIMITED TO TEN DOLLARS ($10.00 USD).

9. Indemnification

You agree to defend, indemnify and hold the us harmless from and against any claims, liabilities, losses, damages, costs and expenses (including without limitation reasonable attorneys’ fees), arising out of or in connection with: (1) your access to and/or use of the Services or any portion thereof; (2) your failure to comply with these Terms or with any applicable law, rule or regulation; (3) your infringement, misappropriation or violation of the Services or Content or of any third party’s intellectual property right; or (4) any activity occurring by or through your account, whether taken by you or another person accessing or using your account, with or without authorization. We will use reasonable efforts to notify you of any claim, action or proceeding subject to the foregoing paragraph once it becomes aware of it, but any failure to provide you with notice shall not limit your indemnification obligations unless you can establish actual prejudice resulted from such failure. We reserve the right, at your expense, to assume the exclusive defense and control of any claim, action or proceeding for which you are required to provide indemnification, and you agree to cooperate with our defense of these claims. You may not settle any claims, actions or proceedings for which you are required to provide indemnification, without our prior written consent.

10. Termination

10.1. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice or liability to you, provided that if BIG freezes your account or cancels your Membership and the termination is not due to your breach of these Terms, BIG will provide you a pro rata refund of pre-paid unused fees unless, in our reasonable estimation, we are not legally permitted to do so (in which case any refund rights are null and void).

10.2. You may cease use of the Services at any time. If you are paying for a Membership Subscription, you may terminate your Subscription at any time via your account. You may also cancel your Figma account at any time by sending an email to membership@teambig.io.

10.3. Upon any termination, discontinuation, or cancellation of Services or your BIG account, the following provisions of these Terms will survive: Service Terms, Charges and Payment (to the extent you owe any fees at the time of termination); Confidentiality; provisions related to permissions to access Customer Materials (to the extent applicable); Warranties and Disclaimers; Indemnity; Limitations of Liability; Termination; and the Miscellaneous provisions under Section 11. Furthermore, we may remove or delete your Customer Materials within a reasonable period of time after the termination or cancellation of Services or your BIG account.

11. Miscellaneous

11.1. Privacy Policy. Our Privacy Policy governs how we collect, use and disclose information from the Services.

11.2. Force Majeure. BIG will not be liable for, or be considered to be in breach of or default under these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond its reasonable control, so long as it uses commercially reasonable efforts to avoid or remove those causes of non-performance.  If BIG believes in good faith that it is legally prohibited from providing you or your Authorized Users with the Services, we may freeze your account and/or cancel your membership at BIG's sole discretion.

11.3. Notices. Any notices or other communications provided by BIG under these Terms, including those regarding modifications to these Terms, will be given by BIG: (i) via e-mail; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

11.4. Severability. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision hereof and it is the intent and agreement of the parties that these Terms will be deemed amended by modifying such provision to the extent necessary to render it valid, legal, and enforceable while preserving its intent or, if such modification is not possible, by substituting another provision that is legal and enforceable and that achieves the same objective.

11.5. Assignment. These Terms (and your access to any of the Services) are not assignable or transferable by you without our prior written consent. Any purported assignment in violation of this section is null and void.

11.6. No Partnership. No agency, partnership, joint venture, or employment is created as a result of these Terms, and neither party has any authority of any kind to bind the other party in any respect whatsoever.

11.7. Governing Law. These Terms will be governed by the laws of the State of California without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

11.8. Purchase of Products or Services. If you elect to purchase any products or services which we offer to you through the Services this may be subject to new and/or additional terms and conditions which will be notified to you at the time.

11.9. Delay. Even if we delay in enforcing this contract, we can still enforce it later: If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

11.10. Alternative Despite Resolution, Arbitration Agreement and Class Action Waiver. If you are located in the United States, the following arbitration provisions shall apply to your use of the Digital Properties:

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Arbitration Agreement

By using the Digital Properties, you and BIG agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“ Arbitration Agreement ”). Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association (“AAA”), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if we initiate arbitration, it shall have the choice as between these two arbitration forums.

WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

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Class Action Waiver

By using the Services, you agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving BIG or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against BIG. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).

If the foregoing class action waiver (“Class Action Waiver”) or any portion thereof is found to be invalid, illegal, unenforceable, unconscionable, void or voidable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, illegal, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

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Definition of Dispute

Except as described below, the term “ Dispute ” in this Arbitration Agreement and Class Action Waiver means any dispute, claim, or controversy between you and BIG regarding any aspect of your relationship with BIG, whether based in contract, statute, regulation, ordinance, tort (including without limitation fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of these Terms, except for the scope, enforceability and interpretation of the Arbitration Agreement and Class Action Waiver.

However, “Disputes” SHALL NOT include claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable, or any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.

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How Will the Arbitration Work?

Either you or we may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration and shall in no event be commenced as a representative or class arbitration.

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If you or we initiate arbitration, you and we have a choice of doing so before JAMS or the AAA. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. Which particular rules apply in AAA arbitration will depend on the applicable claim. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys’ fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

12. Contact

If you have any questions or complaints regarding the Digital Properties or these Terms, you can contact us at info@teambig.io.

Exhibit A - App Terms

1. You acknowledge and agree that: These Terms are concluded between you and BIG, and not with the App Provider, and BIG (not the App Provider), is solely responsible for the App.
2. The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
3. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of BIG.
4. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
5. In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, BIG will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
6. The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist- supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. You must also comply with all applicable third party terms of service when using the App.

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