Terms of Use

Effective Date: These Terms of Use are effective as of December 1, 2014
BigObject Inc. ("BigObject") has prepared these Terms of Use to govern your access to and use of our website located at www.bigobject.io (the "Site") or related services.

1. Definitions

  • "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.

2. General

This Terms of Use as amended from time to time, as well as any and all other rules and restrictions set forth on this Site, apply to you when you view, access, register an account or otherwise use the Site. The Site is owned by BigObject Inc., and for the purposes of this Terms of Use, the terms "we," "us," "our," and "BigObject" refer to BigObject Inc. "You" and "user" refers to you, as a user of this Site. This Terms of Use set out the terms of a legally binding agreement between you and BigObject for your use of the website and the related services. By registering an account and/or by accessing and using the website, as applicable, you agree to be bound by these Terms of Use. If you do not agree, you must cease using the website and the related services.
BigObject reserves the right to change these Terms of Use at any time, with or without notice, and you agree that you shall be subject to the Terms of Use in effect at the time of each visit.

3. Use of the Site

Subject to this Terms of Use, BigObject grants to you a non-exclusive, non-transferable and revocable right to access the Site, register an account on the Site, and use the Services.
Unless expressly set forth in this Terms of Use, you will not, either directly or by authorizing any third party to, (a) sell, sublicense, lease, rent, loan, assign, convey or otherwise transfer the Services or any materials contained in the Site; (b) distribute or publicly display any materials contained in the Site; (c) use any data mining, robots or similar data gathering or extraction methods with respect to the Site or the Services; (d) use the Site, any materials contained therein, or the Services other than for their intended purpose; and (e) remove, obscure or alter any notice of copyright, trademark or other proprietary right appearing on or in the Site or the Services.

4. Your Obligations

Your use of the Site or the Services may not interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or the Services or that could damage, disable, overburden or impair the functioning of the Site or the Services in any manner, and you may not use the Site or the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates this Terms of Use, or circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Site, the Services, or users of the Site.
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

You may terminate your membership at any time and without cause by notifying BigObject in writing. If you terminate your membership, the Terms of Use will continue to apply to any Postings you made prior to giving the notice of termination described above. BigObject may, in its absolute discretion, terminate or suspend your membership at any time and without notice if it believes that: (1) You have breached the Terms of Use; (2) You have acted in a way which is unlawful, or which may create liability for you, BigObject, our other members, our internet service providers or any other affiliates; or (3) BigObject is unable to verify any information you provided.
If BigObject terminates your membership, we may, in our absolute discretion, withdraw any Postings you submitted.

6. Ownership

You acknowledge that, as between the you and BigObject: (a) You own all right, title and interest in and to the Data and any and all Intellectual Property Rights embodied therein; and (b) BigObject owns all right, title, and interest in and to the Services (excluding Data or Postings provided by the users). The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in this Terms of Use gives you a right to use the BigObject name or any of the BigObject trademarks, logos, domain names, and other distinctive features. Any feedback, comments, or suggestions you may provide regarding BigObject, the Site, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. This provision will survive the use of the Services and access to the Site.

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.
Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information collected from our users.

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.
(c) Indemnification You agree to defend, indemnify and hold BigObject harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site the services, or breach of this Terms of Use. Customer also agrees to indemnify BigObject for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

12. Governing Law; Dispute Resolution

In order to expedite and control the cost of disputes, You and BigObject (individually, a "Party", or collectively, the "Parties") agree that any legal or equitable claim relating to this Terms of Use (referred to as "Claim") will be resolved as follows:
(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

BigObject may terminate this Terms of Use at our discretion. Except as otherwise provided hereunder, upon termination: (a) the Site and the Services may terminate; and (b) BigObject may delete all Data and Postings.

14. Miscellaneous

Neither these Terms nor any right or duty under these Terms may be transferred, assigned or delegated by you, whether by operation of law or otherwise, without the prior written consent of BigObject. Any attempted transfer, assignment or delegation without such consent will be void and without effect. Subject to the foregoing, this Terms of Use will be binding upon and will inure to the benefit of the Parties and their respective representatives, heirs, administrators, successors and permitted assigns.
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

This Terms of Use form the complete and exclusive agreement between you and BigObject with respect to the use of the Site and the Services, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between you and BigObject relating to such uses. However, if you had signed up for a trial use of the BigObject's product, or purchased a license for the use of BigObject's product, then any rights and obligations arising from such usage shall be governed by the respective End User License Agreement of that product.

16. Contact Information

BigObject welcomes comments or questions regarding this Terms of Use. Please e-mail us at hello@bigobject.io