GENERAL TERMS AND CONDITIONS OF USE
This website (“Website”) is owned and operated by BIG Festival Ltda, a company registered with the CNPJ/ME under n. 10.729.386/0001-20 (“ORGANIZER”).
1. WHAT DOES THE WEBSITE OFFER?
1.1. Features. The Website allows You to (i) view the full schedule and have access to online lecture links and in-person lecture ticket sales links; (ii) play selected games online and in person, and talk to game developers; (iii) submit your game to the Big Festival and to other calls for projects; (iv) subscribe to the newsletters produced by ORGANIZER and partners; (v) have access to the E-Sports Amateur Tournament, and the system for scheduling meetings with professionals (“Services”).
1.2. Personal use. Access to the Website and the use of the Services made available are intended for the User’s personal use, and their access and use for commercial purposes is not authorized, except in the case of using the system for scheduling professional meetings.
2. REGISTRATION AND LOGIN
2.2. From the moment of registration, You will be the holder of a personal and non-transferable account, through the login created or through the email informed, in the case of the website or totems to play electronic games. You will be solely responsible for all activities on your account, including but not limited to any sharing, transmission, posting of text, files, links, software, games, photographs, video, sound, music or other information or materials.
2.3. Your registration on the WEBSITE will be automatically terminated, and your access to the WEBSITE will be blocked if ORGANIZER identifies or has reason to suspect that your registration was created from false information and/or that your activity(ies) account implies any of the following actions:
a. Harassing, threatening, embarrassing or causing discomfort or embarrassment to any other user of the Services or any other natural or legal person;
b. Post or transmit any content that the ORGANIZER deems, in its sole discretion, disruptive, illegal, harmful, threatening, abusive, vexatious, defamatory, vulgar, obscene, hateful or racially or ethnically motivated or otherwise objectionable;
c. In any Service, impersonate any other person, including, without limitation, a director or representative of THE ORGANIZER;
e. Willfully or unintentionally violate any applicable local, state, federal or international law, including, without limitation, any regulations having the force of law, while using or accessing any Services;
f. Infringe any third party rights, including but not limited to intellectual property rights or the like.
2.4. The data provided in the registration will enable the ORGANIZER to contact You. The ORGANIZER shall not be liable for any fact arising from your inability to receive notifications sent by the ORGANIZER to an address not updated by You.
3. BLOCKING AND CANCELLATION OF ACCESS TO THE WEBSITE
4.1. Talks. The User will be able to view the complete schedule of online and in-person talks by accessing the field “Program”on the Website. It is possible to filter the schedule of talks by date, location, vertical or availability and obtain a description of the content of each session and its speakers.
4.1.1. The schedule’s online talks list will contain (i) date and time; (ii) access link, through which the session will be broadcast; and (iii) maximum number of participants. To watch, simply access the corresponding link, on the correct date and time. You will not be able to access the session that has already reached the limit of participants.
4.1.2. The list of in-person talks will contain (i) the date and time of the session; and (ii) link to reserve and purchase tickets for the corresponding event. There is no ticket purchase for individual lectures, only for daily events. Your ticket will give you full access to the event, allowing you to attend all the lectures to be given at the event that day.
4.1.3. In-person talks are subject to capacity on a first come, first served basis. If You have a credential that offers reserved seats in a talk, the reservation will be available in a specific line up to 10 (ten) minutes before the start of the lecture. After this period, the place will no longer be guaranteed.
4.2. If you are a speaker or participate in the business meetings area, you must log in to a specific area of the website.
4.2.1. The business meetings area is a communication system between Users for scheduling meetings with each other, online and in person, which is available here.
4.2.2. The business meetings area only mediates the scheduling of meetings and communication between registered Users. THE DECISION TO COMMUNICATE, TO DISCLOSE ITS GEOGRAPHICAL LOCATION, TO CARRY OUT JOINT ACTIVITIES OR TO MEET OTHER PEOPLE IN PERSON OR ONLINE IS SOLE AND EXCLUSIVELY OF THE USER. FURTHERMORE, THE ORGANIZER DOES NOT MONITOR OR CONTROL ANY INFORMATION PUBLISHED OR SHARED BY YOU OR ANY THIRD PARTIES IN THE MEETING AREA OF THE WEBSITE. IT IS THE ENTIRE AND EXCLUSIVE RESPONSIBILITY OF THE USER TO CHECK THE ACCURACY OF THE INFORMATION PROVIDED BY THE PERSON AND THE SAFETY OF FINDING IT OR CARRYING OUT ANY ACTIVITIES WITH IT.
4.2.3. If the User chooses to communicate, carry out activities or meet in person with other third parties, the ORGANIZER will have no responsibility for the content, purpose or reason for such communication, activity or meeting.
4.2.4. Direct contact with professionals and companies through the meeting system, as well as the function of requesting and scheduling meetings, is only available to Users who have a specific credential for the area of business meetings.
4.3. Online games. By accessing the field “Game Exhibition” on the Website, You will be able to select one of our games to play or speak with its developer.
4.3.1. You can play it online, by filling in information such as e-mail, year of birth and gender. Some games will be available for free online, others upon payment to the responsible studio and/or distributor, as indicated in each game.
4.3.2. By selecting the option “Talk to the developers” of each game, you will be forwarded to a third party website, for registration and contact with the developers of the selected game.
4.3.3. Games in the physical event. The games selected for the event will be available to be played in the event venue in different computer stations. Each station will have a set time limit for playing the game, after which it will be necessary to return to the end of the queue or go to another station. Extra games may also be made available at different booths of partners and sponsors of the event.
4.3.4. Since these are games and contents that are often not yet officially released to the public, there may be failures in their execution. In case of failures, the responsibility for remedying them is exclusive to the developers.
4.3.5. The ORGANIZER only displays third party games and/or content and cannot be held responsible in any way for any game failures or malfunctions.
4.4. Submit your game or talk suggestion to us. By accessing the field “Take Part” on the Website, You will be able to select options for submitting your game or suggestions of talks to the Big Festival, to Big Brands or to other specific calls and verticals organized by the ORGANIZER and its partners. To submit the game or lecture suggestion, just access each of the forms, as indicated. In some cases, it will be necessary to register a login and password. In other cases, You just need to send the information indicated on the forms, with information about the contents, video links, company proof documents, illustrations and detailed explanations about the proposal, about the game project or about the ready-made game, demo of game, contact information, among others.
4.5. Newsletter. To receive notifications of talks and news from the Website by e-mail, simply indicate your e-mail address in the specific field of the newsletter at the end of the Website’s homepage.
4.6. E-Sports and Big Jobs. You will be able to access specific links for E-Sports Amateur Tournaments and Big Jobs in the fields “E-Sports” and “Jobs” of the Website, respectively. Both portals will be subject to the Big Festival Regulation and specific Complementary Terms.
5. WHAT ARE THE ORGANIZER’S RIGHTS OVER THE WEBSITE?
5.2. ORGANIZER’s Content. All intellectual property rights relating to the Website, the contents and talks made available on the Website, as well as all its functionalities, are the exclusive property of and/or are licensed to the ORGANIZER, including with regard to its texts, images, brands, layouts, software, codes, databases, graphics, articles, photographs, videos, audiovisual works and other content produced directly or indirectly by the ORGANIZER (“ORGANIZER’s Content”).
5.2.1. ORGANIZER’s Content is protected by intellectual property legislation, including copyright, industrial property rights, among others. It is prohibited to use, copy, reproduce, modify, translate, publish, transmit, distribute, perform, upload, display, license, sell, explore, scrape and/or reverse engineer the ORGANIZER’s Content for any purpose without authorization prior and express notice of the ORGANIZER. Any unauthorized use of the ORGANIZER’s Content will be considered a violation of the ORGANIZER’ intellectual property rights and will entail the User’s duty to indemnify the ORGANIZER for the misuse, in accordance with applicable law.
5.2.2. The ORGANIZER reserves the right, at its sole discretion and at any time, to change or remove, in whole or in part, the ORGANIZER’s Content, including functionalities, without any prior communication to the User and without any compensation being owed to him, but in no case the User’s rights will be affected.
5.3. Improvements. Any and all development, arrangement, improvement, update or new version carried out by the ORGANIZER on the Website, in its functionalities and/or in the ORGANIZER’s Content, even if at the suggestion or request of the User, will be considered to be the property of the ORGANIZER, and the ORGANIZER may employ them freely and, without limitation, adapt them, improve them, transform them, reproduce them, distribute them, market them, bring them to registration, assign them and license them, in any capacity and at its sole discretion.
5.4. Feedback. You acknowledge that the ORGANIZER is free to use, apply, modify, publish, reproduce and market any comments, information, ideas, concepts, opinions, techniques and/or any other materials contained in any communication You send to the ORGANIZER, whether through the Website or other channels of communication, including, without limitation, any suggestions, requests for improvements, recommendations made by You to the ORGANIZER, whether or not related to the ORGANIZER’s Content and/or the Website (“Feedback“). You hereby assign to the ORGANIZER all intellectual property rights related to the Feedbacks, free of charge, irrevocable, irreversible, total, perpetual and global, without any remuneration, recognition, payment or indemnification being due to You. You represent and warrant that, prior to this assignment, you were the rightful owner of all intellectual property rights in the Feedbacks and that the offering of the Feedbacks to the ORGANIZER, including this assignment, does not violate any third party rights.
6. WHAT ARE THE PRACTICES CONSIDERED TO BE PROHIBITED?
7. WHAT ARE THE USER’S AND THE ORGANIZER’S RESPONSIBILITIES?
7.2. Third Party Services. The ORGANIZER uses third-party services to maintain the functioning of the WEBSITE (for example, transmission of lectures and hosting services), and, therefore, such services may eventually fail. The ORGANIZER will not be liable for any losses, damages (direct or indirect) and lost profits arising from any failure of these third parties’ services, but, as far as possible, will keep the User informed of deadlines and measures taken to remedy such failure.
7.3. Decisions. THE ORGANIZER IS NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS AND UPDATING OF THE INFORMATION GIVEN BY THIRD PARTIES IN TALKS AND, THEREFORE, DOES NOT ASSUME ANY RESPONSIBILITY BASED THEREIN. THE USER HEREBY DISCLAIMS THE ORGANIZER FROM ANY AND ALL RESPONSIBILITY FOR LOSSES AND DAMAGES, DIRECT AND INDIRECT, CAUSED TO THE USER OR TO THIRD PARTIES DUE TO DECISIONS THAT HE MAY TAKE IN CONNECTION WITH INFORMATION OBTAINED IN THE WEBSITE.
7.4. Third Party Websites. The Website may contain links that direct You to websites and other third party applications that do not belong to and are not controlled by the ORGANIZER. The ORGANIZER in no way endorses, verifies, guarantees or has any connection with the owners of these websites or applications, and is not responsible for their content, including the products and/or services made available there, for the accuracy, veracity and completeness of the information, policies, practices or opinions expressed on any such third-party websites and applications with which You interact through the Website.
7.5. WEBSITE UNAVAILABILITY. BEARING IN MIND THE CHARACTERISTICS OF THE INTERNET’S ENVIRONMENT, THE ORGANIZER IS NOT RESPONSIBLE FOR FAILURES OF ACCESS OR NAVIGATION ON THE WEBSITE ARISING FROM CIRCUMSTANCES ALIEN TO ITS WILL AND CONTROL, SUCH AS INTERRUPTIONS OR SUSPENSIONS OF THE CONNECTION, INCOMPLETE OR FAILED COMPUTER TRANSMISSIONS AS WELL AS FOR TECHNICAL FAILURE OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, THE ELECTRONIC MALFUNCTION OF ANY NETWORK, HARDWARE OR SOFTWARE OF THE USER OR THIRD PARTIES, INTERNET FAILURES IN GENERAL, POWER OUTAGES, ELECTRONIC OR PHYSICAL MALFUNCTION OF ANY TELECOMMUNICATION NETWORK. THE ORGANIZER EXEMPTS ITSELF FROM ANY LIABILITY ARISING OUT OF SUCH FACTS AND/OR ACTS.
7.6. Exemption of Liability. The ORGANIZER, its affiliates, partners, employees or collaborators shall not, under any circumstances, be held liable for damages, direct or indirect, resulting from, or related to, the User’s access or use of the Website or their incapacity to access or use the Website.
7.8. Use outside Brazil. The ORGANIZER makes no representation that its Content and Services offered on the Website are available for use in locations other than Brazil. Those who choose to access the Website from locations outside Brazil will do so at their own initiative and at their own risk and expense, and will be responsible for complying with all applicable local legislation.
8. PURCHASE OF TICKETS AND PARTICIPATION IN THE PRESENT EVENT
8.1. The Event’s ticket allows its purchaser to enter and leave the place where the event will take place as many times as they want, during the validity of the ticket informed on the website.
8.2. The Event’s tickets are sold exclusively through the ORGANIZER’s platform and/or in points of sale previously announced through the event’s official website.
8.3. The ORGANIZER is not responsible for tickets purchased outside the authorized sales channels.
8.4. The sale can be closed early if tickets are sold out.
8.5. The purchase is subject to the availability of tickets for the desired day and the approval of the transaction by your credit card operator or other form of payment of the ticket, if available.
8.6. The purchase is subject to the analysis and approval of our security department, which may request additional documents to prove the registration for completion and delivery of your order.
8.7. Purchase orders are subject to confirmation of payment, regardless of the payment method chosen by the purchaser. The user declares to know and accept that the requested information is used to confirm the veracity of the buyer’s data and credit approval.
8.8. After completing the purchase, if any data inconsistency is identified with the credit card used for payment, the order may be canceled.
8.9. Carefully check the details of your order (day, modality, quantity, benefit or not of the half-price) before confirming your purchase. Cancellations, exchanges or returns of tickets outside the conditions defined herein will not be allowed. Your ticket is unique, personal and non-transferable, that is, after your purchase it will no longer be available for sale to third parties.
8.10. The ORGANIZER is not responsible for the loss, misplacement, theft or damage to the ticket caused by misuse/conservation or by acts of third parties.
8.11. If you have not received the ticket (or registration) in your email, please contact us through our helpdesk.
8.12. The program may change, as well as the day each participant will perform or present.
8.13. The Event’s attractions, including game stations, speaking sessions, meetings and others, have a limited capacity. Thus, the purchase of the ticket does not guarantee participation in activities that are fully occupied.
8.14. The entry of minors under the age of 14 (fourteen) will only be allowed when accompanied by a legal guardian (with documentary evidence) or a legal companion bearing the appropriate authorizations, and those responsible must remain at the Event location while the minor is present. This determination is subject to change, at any time, by the Court of Childhood, Youth and Elderly.
8.15. Attractions have indicative ratings. It is the responsibility of the ticket purchaser or their guardians, in the case of minors, to use games or watch sessions incompatible with their age.
8.16. It is forbidden for people to enter and stay with food intended for commerce or objects that pose a safety risk, such as bottles, cans, helmets, animals, firearms or other objects that may be considered dangerous by the organization of the event.
9. CANCELLATION OF THE PURCHASE OF THE EVENT TICKET
9.1. In case you regret the purchase, the refund of the ticket price will only be made if the request is made within a period of up to 7 (seven) days from the date of purchase, and provided that the return request is made with a maximum of 48 (forty-eight) hours prior to the start time of the event. This request must be made by the holder of the purchase through our helpdesk.
9.2. In case of cancellation of the Event, the purchaser will receive the amount paid for the ticket.
9.3. In the event of postponement of the Event for reasons of force majeure or fortuitous event (such as, for example, as a result of the sanitary conditions that are in force at the time of the Event due to the COVID-19 pandemic), the ticket prices will not will be returned and these will remain valid for the new dates of the Event, unless specific legislation is published on this topic – in this case, we will follow the rules of the specific legislation that is published.
10. RECORDING OF IMAGE AND AUDIO OF EVENT ATTENDERS
10.1. Any and all activities carried out within the Event may be filmed, recorded or photographed, at the discretion of the promoter/producer, for later publication, transmission, retransmission, reproduction or dissemination on TV, cinema, radio, Internet, advertising or any other vehicle of communication, DVD and home-video production, without any kind of limitation.
10.2. By attending our Events, you agree, authorize and grant the free use of your image, name and voice under the terms mentioned above, without limitation, without this use characterizing misuse of the image or any other violation of rights and without this use resulting from any liens and/or indemnities.
11.5. Contact. If You have any questions or wish to make a comment, suggestion, complaint or compliment to the ORGANIZER, You may contact us through our helpdesk.