BigBucks are a form of digital content that can only be purchased from BigUp, Inc. (“BigUp”). BigBucks enable users to express their appreciation for streamers, as part of their use of BigUp services. Please note that your use of BigUp services, as a User or Streamer or both, is controlled by BigUp’s Terms of Service. This Acceptable Use Policy (the “Policy”) provides guidelines and rules for both Users and Streamers as to permitted and prohibited uses of BigBucks on the BigUp platform.
1. Acceptable and Recommended Uses
(a) Users are encouraged to show their appreciation of their favorite Streamers by using BigBucks.
(b) Both Users and Streamers are encouraged to use BigBucks in the service of creating a collaborative watch-along or viewing experience, subject to the limitations of the Terms of Service and this Policy.
(c) Streamers are encouraged to provide fun experiences or actions in response to their receiving BigBucks from Users.
2. Prohibited Uses
(a) BigBucks may not be exchanged for products or services, including merchandise or private access, that carry a monetary value, and may not be transferred in exchange of any promises or consideration that are made between Users or between Users and Streamers.
(b) BigBucks may not be exchanged, used or transferred by or between Users or Streamers in exchange for virtual or real currencies.
(c) Unless specifically authorized by BigUp, neither Users nor Streamers may make any actions otherwise permissible on the BigUp platform contingent upon the receipt or exchange of BigBucks.
(d) Neither Users nor Streamers may use BigBucks as stakes in a bet or wager or solicit BigBucks for a bet or wager.
(e) Both Users and Streamers are prohibited from using or soliciting BigBucks to participate in or support any fraudulent, criminal, or unauthorized activity, as defined by applicable law or BigUp’s Terms of Service.
(f) Neither Steamers nor Users may use BigBucks or the BigUp platform to transact business, transfer funds, or to bypass any applicable rules or regulations in any jurisdiction.
(f) Streamers may not employ bots or unauthorized automated or non-automated methods of impersonation to collect or receive BigBucks from Users and/or other Streamers.
3. No Monetary Value
You acknowledge and agree that BigBucks are a form of digital content, and hold no intrinsic monetary value, and that BigBucks do not constitute currency, legal tender, currency substitutes, or financial instruments. You also understand and agree that BigBucks shall not be redeemable for cash or any equivalent from BigUp at any time.
4. BigUp’s Rights
(a) BigUp retains the sole and absolute discretion to manage, regulate, control, modify, discontinue, or otherwise alter the availability, functionality, or value of BigBucks at any time, with or without notice. You expressly acknowledge that BigUp shall have no liability to you or any third party for any loss or perceived loss resulting from such actions, including but not limited to changes in the perceived value or usability of BigBucks.
(b) BigUp may, at its sole discretion and without prior notice, impose restrictions on the amount of BigBucks that may be purchased, accumulated, held, transferred, or used within any account or across the platform.
(c) Should BigUp detect activity that violates this Policy or the Terms of Service, it retains the right to reverse, annul or void any such transaction. BigUp may also suspend the violating User or Streamer’s BigUp or BigBucks account for a limited or indefinite period.
5. Waiver of Guarantee
(a) BigUp makes no representations, warranties, or guarantees regarding the continuous availability of BigBucks or nature, quality, or continuous availability of any platform features, services, or benefits accessible through use of BigBucks. The availability and supply of BigBucks are not guaranteed, and BigUp reserves the right, at its sole discretion, to modify, limit, suspend, or discontinue the issuance, use, redemption, or availability of BigBucks, whether temporarily or permanently, with or without prior notice.
(b) Users acknowledge that BigUp shall have no liability for any loss, inability to access, or devaluation of BigBucks resulting from such actions.
6. Violations of this Policy
(a) Any violation or attempted violation of this Policy, whether directly by any User or Streamer or by a third party acting on any User or Streamer’s behalf, constitutes a breach of this Policy and a material breach of any and all applicable agreement(s) Users may have with BigUp. Conduct that violates this Policy may also subject Users or Streamers to civil or criminal liability.
(b) In addition to any other legal or equitable remedies available to it, BigUp may, at its sole discretion, immediately revoke Users’ or Streamers’ ability to purchase, use, or redeem BigBucks. BigUp also reserves the right to seek injunctive relief and/or pursue damages for any violation of this Policy, as it may in its sole discretion deem appropriate.
(c) Any decision or delay by BigUp’s to not enforce its rights under this Policy in any particular instance shall not constitute a waiver of any later exercise of right by BigUp to enforce the Policy at any time.
7. Purchases and Refunds.
(a) Your purchase of BigBucks is additionally controlled by BigUp’s Terms of Service. This Policy provides additional terms applicable to your purchase(s) of BigBucks. In the event that the terms of this Policy and those provided in the Terms of Service conflict, the provisions of the Terms of Service shall apply.
(b) Unless specified at the time of purchase, or as required under applicable law in your jurisdiction, your purchase of BigBucks is non-refundable. BigUp retains the right, however, to provide exceptions in limited instances to some or all Users or Streamers. In such instances, BigUp may at its discretion determine the amount and form of such refunds, or to provide refunds in the form of limited-use credits.
(c) Residents of the European Union or the European Economic Area may have a right to withdraw from or cancel their agreement for purchase of digital content within limitations specified by EU/EEA regulations.
8. Disclaimers.
(a) BigBucks are not a form of virtual property or a money instrument, and are solely to be understood as a limited-use and platform-specific form of digital content. Neither Users nor Streamers have any property, proprietary or intellectual property ownership or monetary interest in BigBucks, which shall remain a BigUp feature and BigUp intellectual property subject to the Terms of Service applicable to BigUp services. BigUp uses appropriately licensed third-party providers for the provision of BigBucks, and is not a licensed money services provider itself. BigUp may, at its discretion, change such third-party providers in connection with its provision of BigUp services, including BigBucks.
(b) BigUp may, from time to time, edit or modify this Policy, with any such changes to become effective upon posting online or electronic notification. Users and Streamers are, therefore, advised to review this Policy on a regular basis on the BigUp website.