- "Data" means any and all information and other materials uploaded by you to BigObject's website.
- "Intellectual Property Rights" means all patents, copyrights, moral rights, trademarks, trade secrets and any other form of intellectual property rights recognized in any jurisdiction, including applications and registrations for any of the foregoing.
- "Laws" means federal, national, state, provincial, municipal and local laws, regulations, rules, judicial decrees, decisions and judgments in each and every jurisdiction applicable to BigObject and the subject matter of these Terms and/or the Services.
- "Postings" means the comments or questions or any other Data you provide on the Site.
- "Services" means the providing of information on the Site and allowing users to offer comments and raise questions as to the Site and all other service and materials provided by the Site.
3. Use of the Site
4. Your Obligations
You must use reasonable security precautions and comply with the Laws in connection with your use of the Services and the Site. You agree to not upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- Material that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- Material that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable.
5. Terminating Your Membership
If BigObject terminates your membership, we may, in our absolute discretion, withdraw any Postings you submitted.
7. Use or Disclosure of Your Data
Regardless of the Postings or Data you choose to submit to the Site, BigObject may disclose your Data if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on BigObject; or (b) protect or defend the rights or property of BigObject or users as regard the Site and the Services. If BigObject is involved in a merger, acquisition or sale of all or a portion of its assets, BigObject reserves the right to transfer user data and personally identifiable information to a party involved in the merger, acquisition or sale, to the extent such information is necessary to carry out the merger, acquisition or sale. In an event of such a merger, acquisition or sale, users will be notified via a prominent notice on our Site of any material change in ownership or uses of your Data or Postings.
8. Submission Of Information
Please do not send any confidential or proprietary information to BigObject through the Site. Any information you do send to BigObject through the Site will be deemed NOT to be confidential ("Non-Confidential Information"). For any Non-Confidential Information you do send, you hereby grant BigObject an unrestricted, royalty-free, irrevocable license to use, reproduce display, perform, modify, transmit and distribute the Non-Confidential Information, and agree that BigObject is free to use any ideas, concepts, know-how or techniques that you send BigObject for any purpose whatsoever without compensation to you or any other person sending the Non-Confidential Information.
9. Social Media Features and Widgets
The Site includes features from and links to other social media websites, such as Facebook and Twitter, as well as widgets, such as the "Send Message" button. These features and widgets may collect your IP address, your access history of the Site, and may set a cookie to enable the features and widgets to function properly. Social media features and are hosted by the respective social media website and your use of these features are governed by the privacy policies of the websites providing these features. BigObject shall not be held responsible for anything contained therein.
10. Links to third party sites
The Site may contain links to other web sites ("Third Party Sites"). The Third Party Sites are not under the control of BigObject and BigObject is not responsible for the availability and contents of any Third Party Sites, including without limitation any link contained in a Third Party Site, or any changes or updates to a Third Party Site. BigObject is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BigObject of the site or any association with its operators.
11. Disclaimers and Limitation of Liability
(a) Disclaimers of Liability; No Warranty
THE SITE MAY CONTAIN ERRORS AND DEFECTS OR MAY SUFFER INTERMITTENT DOWNTIME AND IS PROVIDED "AS IS", "AS-AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. BIGOBJECT HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, THAT SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE SITE, AS WELL AS ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT (INCLUDING, WITHOUT LIMITATION, SOFTWARE) OR PRODUCTS AND/OR SERVICES ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.
(b) Limitation of Liability BIGOBJECT SHALL NOT BE LIABLE TO CUSTOMER FOR PERSONAL INJURY, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, WHETHER CAUSED BY BIGOBJECT, SITE USERS OR ANY THIRD PARTIES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL OR LOST PROFITS), UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE, EVEN IF BIGOBJECT HAS BEEN ADVISED OF THE RISK OF SUCH DAMAGES. BIGOBJECT'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING BIGOBJECT'S LIABILITY TO USER TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.
12. Governing Law; Dispute Resolution
(a) Informal Resolution The Parties agree that they will first try to resolve any Claim informally. Accordingly, neither may start a formal proceeding (except for Claims involving any violation of the federal trademark or copyright laws, or for injunctive relief) for at least thirty (30) calendar days after one Party notifies the other of a Claim in writing. BigObject will send its notice to Customer's billing address, with a copy via email to Customer's email address. Customer will send notice via email to BigObject.
(b) Formal Resolution If the Parties cannot resolve a Claim informally, the Parties agree to submit to personal jurisdiction in Santa Clara County in the State of California and agree that any and all Claims either Party asserts shall be exclusively brought in the Court in Santa Clara, CA.
(c) Governing Law and Jurisdictional Issues This Agreement is governed in all respects by the substantive laws of California without resort to its conflict of law provisions. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Site from any territory where the content is illegal is prohibited.
13. Term, Termination & Effects of Termination
Neither Party will have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether express or implied, or to bind the other party in any respect whatsoever.
If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any Party.
BigObject will not be responsible for any failure to perform or delay attributable in whole or in part to any cause beyond its reasonable control, including but not limited to acts of God (fire, storm, floods, earthquakes, etc.), civil disturbances, disruption of telecommunications, disruption of power or other essential services, interruption or termination of service by any service providers being used by BigObject, the Internet, labor disturbances, vandalism, cable cut, computer viruses or other similar occurrences, or any malicious or unlawful acts of any third party.
This provision will survive the use of the Site and the Services.
15. Interpretation and Entire Agreement
16. Contact Information