Terms of Use

Acceptance of Terms

Welcome to BigSmilePlay. The bigsmileplay.com website (the "Website") and the BigSmilePlay Rental Service (the "Service") are owned and operated by Big Smile Interactive (hereinafter referred to as "BigSmilePlay",”Big Smile”,"we" or "us").

BigSmilePlay provides its services to you subject to the following Terms of Use, which may be updated occasionally, at our sole discretion, with or without notice to you. The most current version of these Terms of Use will always be on this page and will supersede all previous versions. There will always be a link to the most current Terms of Use on the www.bigsmileplay.com homepage. By using, visiting, or browsing the Website, you accept and agree to be bound by these terms.

These Terms of Use:

* Govern your use of the Service and Website. By using, visiting, or browsing the Website, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the BigSmilePlay service or Website.

* Are an ongoing contract between you and BigSmilePlay and apply to your use of the Service and Website. These Terms of Use affect your rights and you should read them carefully.

* Set forth the entire agreement regarding all the subjects we discuss herein. If any provision of this agreement is found to be unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision.

We reserve the right, in our sole and absolute discretion, to make changes from time to time (with or without notice) in how we operate our service. Your use of the Website or continued use of our service after changes are made means that you agree to be bound by such changes. As such, you should review the Terms of Use periodically.

Any information you submit to us, or any information we collect, is subject to the BigSmilePlay Privacy Policy.

Your Account

If you use the Website or the Service, you represent and warrant that all information you supply to BigSmilePlay is complete and accurate. You must have internet access and a verified Paypal account which also requires a credit or debit card to use the Service. You are solely responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your computer. You also agree not to impersonate any other person while using the Website. By using the Website, you agree to accept responsibility for all activities that occur under your account or password. It is also your responsibility (at all times) to provide and maintain an accurate and working e-mail address, delivery address, telephone number, Paypal billing information. We reserve the right to place any account on hold at anytime (with or without notification to you) in order to protect us from what we believe to be fraudulent activity. You can find the specific details regarding your subscription with BigSmilePlay at anytime by clicking on the "My Account" link, located at the top of the pages of the Website.

Limitations of Use

You must be 18 years of age or older and must be a resident of the Philippines. WHILE INDIVIDUALS UNDER THE AGE OF 18 MAY UTILIZE THE SERVICE, THEY MAY DO SO ONLY UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN. The games we distribute and the content on the Website are strictly for personal and non-commercial use. We agree to deliver games to you and grant you a license to access the Website for that limited purpose only. Any unauthorized use of the Website will terminate your account and the limited license granted by us.

Billing and Rental Fees

Payments for your monthly rental will be made through Paypal. Initial payment of 1 month rental fee is required in order to request delivery for a game through the website. Your 1 month rental period will start on the day your first game is delivered. You will be notified once the 1 month rental period is nearing its end then you will have to pay again for another 1 month rental fee.

If you wish to terminate our service, just stop your payment. On the last day of your rental period, your game in hand will be picked up and you will no longer have another game exchanged.

BigSmilePlay is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by us. NO REFUNDS WILL BE GIVEN ONCE PAYMENT FOR 1 MONTH RENTAL IS ALREADY MADE. We also reserve the right to change our fees, but we will notify you in advance if we do so.

Shipping Policies

Your requested game will be delivered on the same day if the request was made on a business day and if it was made before the designated daily rent selection cut-off time. If not, then it will be delivered on the next business day delivery schedule. If you have a prior game in hand, you must surrender the previously rented game in exchange for your newly requested game.

Once the daily selection cut-off time has been reached, your game delivery request will be locked off and will be scheduled for delivery. You may not change your new game request until that game is delivered to you and it is updated in our records.

Our goal is to ship you the game which you selected to rent and to ship it the next day after the daily rent selection cut-off period. We currently ship six days per week (Monday through Saturday) using.

We reserve the right to ship rental games among the members of our Service in any manner we determine. Depending on a variety of factors (including the amount and location of our inventory). Other factors that may impact the delivery time are (i) delivery issues within the courier and (ii) technical problems within BigSmilePlay and/or the internet.

Right to Terminate

We reserve the right to terminate or restrict your membership, or the use of our Service, without notice, for any reason whatsoever, or for no reason.

Lost, Unreturned and Damaged Games and Account Termination

Your membership will be terminated and blacklisted preventing you from continuing the BigSmilePlay service in the following situations:

If you cannot provide the game upon pickup or If we do not receive a game within 7 days after non-renewal of rental fee (an unreturned game), unless the following conditions are met:

you can provide the delivery/pickup receipt to proove that the game has been received by us.
we determine that you have sent us the exact game rented to your account and the game is in good working order.

If you cannot provide the game upon pickup or If we do not receive an unplayable game within 7 days of your reporting it to us as unplayable.
If you have lost a game and reported it to us as lost and refuse to secure and send us a playable replacement of the same game.
If you have damaged a game (whether or not you reported it to us as damaged) and refuse to secure and send us a playable replacement of the same game.

Intellectual Property

All content and data included on the Website, including but not limited to graphics, text, logos, button icons, and software, is the property of BigSmilePlay, or its suppliers and is protected by Philippine and international copyright laws. No content may be reproduced or used without express written permission from Big Smile Interactive, and any other copyright holder.

You agree not to decompile, reverse engineer or disassemble any software, products or processes accessible through the Website, not to insert any code or manipulate any content and not to use data mining, data gathering or any other extraction methods. BigSmilePlay does not condone the copying of video games or other infringing activities.

BigSmilePlay is a registered trademark of Bigsmile Interactive, BigSmilePlay’s trademarks may not be used in connection with any product or service that is not BigSmilePlay’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BigSmilePlay. All other trademarks not owned by BigSmilePlay that appear on the Website or on games are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BigSmilePlay. Any images of persons or personalities contained on the Website or in games shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.

Web Site Content

BigSmilePlay offers synopses, reviews, and user comments pertaining to the games we distribute. Under no circumstances shall BigSmilePlay, or its shareholders, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Website.

Some hyperlinks on the Website may lead to other websites that are not owned or controlled by BigSmilePlay. BigSmilePlay has not reviewed these sites and has no control over the content of such sites. Connecting to linked sites and/or downloading any information from linked sites is done entirely at your own risk. BigSmilePlay makes no representation or warranty that downloads from linked sites will meet any prescribed specification, nor do we make any representation or warranty that such linked sites will not contain viruses or otherwise impact your computer.

Electronic Communications

By using the Service, you agree to receive electronic communications from BigSmilePlay. These communications may include information about your account, like shipping and receiving confirmation e-mails, or information related to the Service and features. These communications are part of your subscription to our Service. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically do satisfy any legal requirements regarding communications, including the requirement that such communications be in writing.

Your Conduct on the Website

By using the Website, you agree (i) not to upload, post, email, or otherwise send or transmit 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, hardware, equipment, or site content associated with the Website;(ii) not to interfere in any way with the servers or networks connected to the Website; (iii) not to violate any of the procedures, policies, or regulations of networks connected to the Website, the terms of which are incorporated herein; and (iv) not to conduct yourself in an offensive manner while using our Service and/or our Website, impersonate any other person while using the Website, or use the Website for any unlawful purpose.

User Reviews and Other Content

Visitors may post or submit reviews, comments, suggestions, ideas, questions, or other content so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Such posts or submissions shall not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of other content. BigSmilePlay reserves the right (but not the obligation) to remove or edit such content. BigSmilePlay is free to use any comments, information, ideas, concepts, reviews or techniques or other material you may send to us (without acknowledgement or compensation) for any purpose.

If you do post content or submit material, and unless we indicate otherwise, you grant BigSmilePlay and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BigSmilePlay and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (i) you own or otherwise control all of the rights to the content that you post; that the content is accurate; (ii) that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and (iii) that you will indemnify BigSmilePlay or its affiliates for all claims resulting from content you supply. BigSmilePlay has the right but not the obligation to monitor and edit or remove any activity or content. BigSmilePlay takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright Complaints

If you believe that material on the Website is infringing your rights under Philippine copyright law, you may file a complaint of such claimed infringement with BigSmilePlay’s designated copyright agent:

By email: support@bigsmileplay.com

For your complaint to be valid, you must provide the following information when providing notice of the claimed copyright infringement:

* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

* Identification of the copyrighted work that you claim has been infringed upon;

* A description of where the material that you claim is infringing is located on the site;

* Your address, telephone number, and e-mail address;

* A statement by you that you have a good-faith belief that the use of the material in the manner complained of 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 owner or authorized to act on behalf of the copyright owner.

You should be aware that claimants who make misrepresentations concerning copyright infringement might be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.

Disputes

You and BigSmilePlay expressly and irrevocably agree that the Philippine Courts shall have exclusive jurisdiction over any dispute between you and BigSmilePlay. You and BigSmilePlay expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves.

Limitations on Liability

THE CONTENTS OF THE BIGSMILEPLAY.COM WEBSITE, AND THE GAMES WE DELIVER ARE PROVIDED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND ABOUT THEIR ACCURACY OR FUNCTIONALITY. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE, FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE, OR FOR ANY CONDUCT BY USERS OF THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY LAW, BigSmilePlay DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE GAMES WE DELIVER, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA OUR SITE IS ACCURATE, COMPLETE, OR CURRENT.

IN NO EVENT SHALL BIGSMILEPLAY.COM, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY GAMES OR THE INFORMATION ON OUR WEBSITE. IN NO EVENT SHALL bigsmileplay.com, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY DAMAGE OF ANY KIND TO YOUR GAME CONSOLE OR OTHER EQUIPMENT ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY GAMES. WHILE BigSmilePlay WILL MAKE A REASONABLE EFFORT TO RETURN ANY CUSTOMER'S PROPERTY IT RECEIVES, BigSmilePlay WILL NOT BE LIABLE FOR ANY LOSSES OF OR DAMAGE TO SUCH PROPERTY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

To Contact BigSmilePlay

If you have a question or concern about these Terms of Use, please contact BigSmilePlay Support.

By mail to:

Customer Service
Door 1 149-B West Sikatuna Drive Zapatera
Big Smile Interactive
Cebu City, Philippines 6000
Email: support@bigsmileplay.com