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Terms & Conditions of Use of BigIdea.com
and Affiliated Web Sites
WELCOME to the Web site
of Big Idea, Inc. ("Big Idea"), available at www.bigidea.com and other
related sites owned and operated by Big Idea
(collectively, the "Site").
I. Terms of Service Big Idea has established this Site to provide you assets and information about
Big Idea and its services. These terms of use (the "Terms") sets forth the
terms and conditions governing your use of the Site and your access to and
use of the information, content and services offered on or through the Site.
By accessing or using the Site, you agree to be legally bound by these
Terms, which may be modified by Big Idea from time to time. If you do not
agree to these terms and conditions, you may not use the Site or download
any of our authorized downloadable materials. You should visit the Site
periodically to review the current terms and conditions. Your continued use of
this Site following the posting of changes to these Terms will mean you
accept those changes.
II. The Use of Our Web Site by Children Children under the age of 13 are not permitted to register in our online registration programs. Please refer to the Privacy Policy for information on the types of information we collect.
III. Big Idea Web Site Content All content on Big Idea Web sites, including artwork, graphics, images, screen
shots, text, music, digitally downloadable files, trademarks, logos, product
and character names, and slogans are property of Big Idea. No content from
any Big Idea Web site or any site owned, operated, licensed, or controlled by
Big Idea may be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way without the authorized and express
written approval of Big Idea. Approval may be obtained through our Business
Affairs Department by submitting a Permission Request Form. Third party
content such as trademarks, trade names, characters, and trademarks and
copyrights in third party games are the property of the third parties that
license the game or content, and are used by Big Idea subject to a license
agreement. It is expressly forbidden to misuse those third party's content.
However, for the purpose of fan sites and other personal, noncommercial
home use, authorized downloadable material may be used, provided that:
a. you keep intact all copyright and other proprietary notices,
b. you make no modifications to the materials,
c. you do not use the materials in manner that suggests endorsement by
Big Idea and association with any of our products, services, or brands,
and
d. you do not use the material in a manner that infringes and/or violates any right of any third party, these Terms, or any law.
No commercial use, resale, copying or exploitation of material from the Site is
permitted without the express written permission of Big Idea and any other
applicable copyright owner. All rights not expressly granted hereunder are
expressly reserved to Big Idea.
IV. Rules of Online Behavior As a condition to your accessing, participating on, linking to, or otherwise
using the Site, you agree NOT to, whether directly or indirectly, use the Site
to:
a. defame, abuse, harass or threaten others;
b. make, post, or distribute, any bigoted, hateful, racially offensive,
threatening, harassing, vulgar, obscene, discourteous, or indecent
languages, images, statements or other objectionable materials;
c. advocate, discuss with the intent to commit, or commit and illegal activity;
d. advertise or sell to or solicit others;
e. post or distribute any material that infringes and/or violates any
right (including but to limited to intellectual property of a third
party or any law;
f. make any attempt to penetrate, modify or manipulate the Site to invade the privacy of any other user of the Site;
g. attempt to modify, erase or damage any information contained on the Site;
h. reverse engineer any portion of the Site;
i. restrict or inhibit others from using the Site;
j. spoof or otherwise impersonate any individual or entity; or
k. violate or attempt to violate the security or integrity of the Site or of any computer system.
V. Information You Submit
Big Idea may accept certain information from you via the Site. Information
you submit to Big Idea that we may collect in the course of your use of the
Site are also governed by the current Big Idea Privacy Policy posted to the
Site, which you may review by clicking here. The terms of the privacy policy
are incorporated into these Terms by this reference.
VI. Representations, Warranties and Acknowledgment
THE MATERIALS IN THIS BIG IDEA WEB SITE AND OTHER AFFILIATED SITES
ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THOSE
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT, OR TITLE. BIG IDEA MAKES NO WARRANTY THAT THE
SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BIG IDEA BE
LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT
RESULT FROM THE USE OF OR INABILITY TO USE BIGIDEA.COM AND ITS
OTHER AFFILIATED SITES NOR SHALL BIG IDEA BE RESPONSIBLE FOR ANY
DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OR FILES, ERRORS, DEFECTS, DELAYS IN
OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER
OR NOT CAUSED BY EVENTS BEYOND BIG IDEA'S REASONABLE CONTROL,
INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE
FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO
BIGIDEA.COM RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL BIG
IDEA'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF
ACTION EXCEED FIVE DOLLARS ($5.00). SOME STATES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold Big Idea, its parents, subsidiaries, officers,
employees, and contractors harmless from any claims and expenses, including
reasonable attorney's fees, related to your violation of this Agreement,
including any abusive or unlawful behavior on your part, or the infringement of
any intellectual property or privacy right of any person.
VII. Third Party Sites The Site may link to third-party sites. These links are provided for your
convenience, and Big Idea assumes no responsibility for any content made
available at any third party site. Such third party sites may be subject to
their own terms of use and privacy policies. Big Idea urges you to read the
posted terms and policies of these third-party sites.
VIII. Violations of these Terms or the Law Big Idea reserves the
right to investigate and to involve and cooperate with
law enforcement authorities, and to pursue a civil lawsuit or criminal
prosecution for any alleged or actual harmful or illegal activities
involving any of the Site. Big Idea reserves the right, at any time, to
modify or discontinue, temporarily or permanently, the Site, with or
without notice. Your access to any and all Big Idea Web sites may be
terminated immediately without notice from us if in our sole discretion
you fail to comply with any provision of these Terms. Upon termination,
you must cease use of the Site and destroy all
materials obtained from the Site and all copies thereof. Big Idea shall
not be
liable to you or any third-party for any termination of your access to
the
Site.
IX. Miscellaneous These Terms will be governed by and construed in accordance with the
internal laws of the State of Tennessee, without regard to conflict of law
principles. You agree to submit to the exclusive jurisdiction of the appropriate
state and federal courts in the State of Tennessee with respect to claims you
may have under these Terms. These Terms constitutes the entire agreement
between you and Big Idea with respect to its subject matter, superseding
any prior oral or written agreements relating to such subject matter. The
failure of Big Idea to enforce any right or provision of these Terms shall not
constitute a waiver of such right or provision. If a court of competent
jurisdiction finds any provision of these Terms to be invalid, the court should
endeavor to give effect to the parties' intentions to the maximum extent
consistent with applicable law, and the other provisions of these Terms shall
remain in full force and effect. Any notices to Big Idea shall be in writing and
sent to the address set forth below, attn:
Big Idea, Inc.
Business Affairs
230 Franklin Road #2A
Franklin, TN 37064
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