Last Revised: October 12, 2011
Also: Power to all non-bowling agreeable Eskimos. With Elvis.
BigDoor reserves the right to change or modify these Terms or any policy or guideline of the Site or Services, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site or the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies to understand the terms and conditions that apply to your use of the Site and the Services. If you do not agree to the amended terms and conditions, you must stop using the Site and the Services
If you have any question regarding our Site or Services or any questions or comments about the Site or Services please contact BigDoor at email@example.com.
The Site and Services are not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Site or Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Site or the Services, you further represent and warrant that you have not previously been suspended or removed from the Site or Services. Certain Services may not be available in all jurisdictions, and we reserve the right to impose additional eligibility requirements. The Site and Services are controlled and operated by BigDoor from its offices in the State of Washington, United States of America. BigDoor makes no representation or warranty that the Services made available in connection with the Site are legal, appropriate or available for use in other locations. Those who choose to access the Site or Services from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulation, if and to the extent local laws, rules and regulations are applicable. No software from the Site may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.
All visitors to our Sites, whether or not registered, are “users” for purposes of these Terms. In order to access certain features of the Site and Services, you may be required create an account with BigDoor or a Publisher. You may register for only one account for each Publisher. When you create an account, you agree to (a) provide accurate, current and complete information, as may be prompted by registration forms on the Site or Services (“Registration Data“); (b) maintain and promptly update the Registration Data and any other information you provide to keep it accurate, current and complete; (c) maintain the security of your password and identification; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to BigDoor or its Publishers. BigDoor reserves the right to cancel an account, refuse registration, refuse service or cancel orders for any reason or for no reason, including when, in BigDoor’s sole discretion, you have violated these Terms.
4. YOUR OBLIGATIONS WHEN USING THE SITE AND SERVICES
You agree that you will access and use the Site and Services only as permitted by these Terms and allowed by applicable local, state, national, and foreign laws and regulations. Specifically, you agree not to do, attempt to do, or cause another to do any of the following in connection with the Site or Services:
BigDoor is not responsible or liable for the conduct of any users, whether or not such conduct relates to the access or use of our Sites or Services.
5. OTHER APPLICABLE TERMS
6. USER CONTENT
A. YOUR OBLIGATIONS WHEN PROVIDING USER CONTENT
The Site and Services permit the submission, posting and transmission of user-generated content, including messages, information, text, photos, graphics, links and other items or content (“User Content“). You are solely responsible for the User Content you post, and you agree not to submit, post, upload to, transmit, distribute, store, create or otherwise publish through the Site or Services any of the following:
a. User Content that is unlawful, libelous, defamatory, offensive, obscene, pornographic, indecent, vulgar, lewd, sexually explicit, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
c. User Content that describes, references, or otherwise communicates violent, dangerous, illegal, and/or criminal acts;
d. User Content that describes, references, or otherwise communicates hate or discrimination concerning gender, sexual orientation, race, religion, or nationality;
e. User Content that is harmful to children in any way;
f. User Content that is harmful to, or degrades the goodwill associated with the trademark(s) or name(s) of BigDoor or any Publisher;
g. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
h. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
i. Unsolicited promotions, political campaigning, advertising or solicitations;
j. Private information of any third party, including without limitation addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
k. Viruses, corrupted data or other harmful, disruptive or destructive files; and
l. User Content that, in the sole judgment of BigDoor, violates any of the foregoing restriction in subsections (a) through (k), is objectionable or which restricts or inhibits any other person from using or enjoying the Site or Services, or which may expose BigDoor, its Publishers to any harm or liability of any type.
BigDoor does not control, take responsibility for or assume liability for any user Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is BigDoor liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. If you become aware of User Content that violates these Terms (with the exception of copyright infringement which is addressed in Section 6.D), you may report it by emailing BigDoor at firstname.lastname@example.org. Enforcement of the Terms, however, is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Site or Services will not contain any content that is prohibited by the Terms. Although BigDoor has no obligation to screen, edit or monitor any of the User Content posted on the Site or Services, BigDoor reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site or Services at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Site or Services at your sole cost and expense.
B. LICENSE OF USER CONTENT
If you provide User Content on our Sites or in connection with our Services, you grant BigDoor and its Publishers a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media on or in connection with the Site, Services, and the promotion thereof. You grant BigDoor and its Publishers the right to use the name that you submit in connection with such content.
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about BigDoor, our Site or the Services (“Submissions“). Submissions, whether submitted through the Site, the Services or otherwise are non-confidential as between you and BigDoor and shall become the sole property of BigDoor. BigDoor shall own, and you hereby assign to BigDoor, all right title and interest, including all intellectual property rights, in and to such Submissions, and BigDoor shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by BigDoor (in its sole discretion) to confirm such assignment to, and unrestricted use and dissemination by, BigDoor of such Submissions.
7. INTELLECTUAL PROPERTY RIGHTS AND POLICIES
A. COPYRIGHT AND LIMITED LICENSE
Unless otherwise indicated, the Site and all content (other than User Content) and other materials on the Site or available through the Services, including, without limitation, the BigDoor logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials“) are the proprietary property of BigDoor or its sponsors, licensors or users and are protected by U.S. and international copyright and/or other intellectual property laws.
You are granted a limited, non-sublicensable license to access and use the Site, Services and Site Materials; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site, Services or Site Materials; (b) the distribution, public performance or public display of any Site Materials, (c) modifying or otherwise making any derivative uses of the Site, Services and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, Services or Site Materials, except as expressly permitted on the Site or through the Services; or (f) any use of the Site, Services or the Site Materials other than for their intended purposes. Any use of the Site, Services or the Site Materials other than as specifically authorized herein, without the prior written permission of BigDoor, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
BigDoor logos and any other product or service name or slogan from our Sites are trademarks of BigDoor and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BigDoor or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “BigDoor” or any other name, trademark or product or service name of BigDoor without our prior written consent. In addition, the look and feel of our Sites (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, or trade dress of BigDoor and may not be copied, imitated or used, in whole or in part, without our prior written consent. All other trademarks, registered trademarks, product names, and logos mentioned in our Sites are the property of their respective owners. Our reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
C. REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act and other applicable law, BigDoor has adopted a policy of terminating, in appropriate circumstances and at BigDoor’s sole discretion, subscribers, or account holders who are deemed repeat infringers. At its sole discretion, BigDoor also may limit access to our Sites or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
D. COPYRIGHT POLICY
If you are a copyright owner or an agent of a copyright owner and believe that anything on the Site infringes upon any copyright that you own or control, you may submit a notification of such infringement with our Designated Agent as set forth below:
Name: Ring Nishioka
Address: BigDoor, Inc.
511 Boren Avenue North
Seattle, WA 98109
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
8. THIRD PARTY CONTENT
BigDoor may provide third party content on the Site or through the Services and may provide links to web pages and content of third parties (“Third Party Content“) as a service to those interested in this information. BigDoor does not monitor or have any control over any Third Party Content or third party websites. Unless otherwise expressly stated by BigDoor, BigDoor does not endorse or adopt, and is not responsible or liable for, any Third Party Content. BigDoor does not make any representations or warranties of any kind regarding the Third Party Content, including, without limitation, any representations or warranties regarding its accuracy, completeness or noninfringement. BigDoor undertakes no responsibility to update or review any Third Party Content and you agree to use such Third Party Content at your own risk.
9. ADVERTISEMENTS AND THIRD PARTY PRODUCTS OR SERVICES
BigDoor may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. BigDoor is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such third party advertisers or information on our Sites.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray BigDoor or any of its products or Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time in the sole judgment of BigDoor. You may not use a BigDoor logo or other proprietary graphic of BigDoor to link to this Site without the express written permission of BigDoor. Further, you may not use, frame or utilize framing techniques to enclose any BigDoor trademark, logo or other proprietary information, including the images found at the Site or through the Services, the content of any text or the layout/design of any page or form contained on a page on the Site or Services without BigDoor’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of BigDoor or any third party.
BigDoor makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site or the Services, or websites linking to the Site or Services. Such sites are not under the control of BigDoor and BigDoor is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. BigDoor provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by BigDoor of any site or any information contained therein. When you leave the Site or the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or Services.
11. ELECTRONIC COMMUNICATIONS
You agree to receive electronic communications from BigDoor, including by e-mail or by posting notices on our Sites. You agree that all agreements, notices, disclosures, and other communications that we electronically provide to you satisfy any legal requirement that such communications be in writing.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY US, WE PROVIDE OUR SITES AND SERVICES “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITHOUT WARRANTIES OF ANY KIND. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. You bear the sole risk of using OR ACCESSING OUR SITES OR SERVICES. We make no warranty that you will have continuous, timely, uninterrupted, error-free, or secure access to any part of OUR SITES OR SERVICES. BIGDOOR DOES NOT REPRESENT OR WARRANT THAT OUR SITES, SERVICES, OR SITE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE BIGDOOR ATTEMPTS TO MAKE YOUR ACCESS AND USE OF OUR SITES AND SERVICES SAFE, BIGDOOR CANNOT AND DOES NOT REPRESENT OR WARRANT THAT OUR SITES OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD REGULARLY BACK UP YOUR FILES AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
BigDoor reserves the right to add to, change, or stop providing our Sites, Site Materials, and Services at any time and without notice or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by BigDoor.
14. LIABILITY LIMITATIONS
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BIGDOOR (including our directors, employees, successors, subsidiaries, affiliates, and agents) BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, USE, OR DATA) EVEN IF WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BIGDOOR, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, AND STRICT LIABILITY), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE OUR SITES OR SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BIGDOOR TO ACCESS OR USE OUR SITES OR SERVICES.
The laws of certain states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you.
16. MODIFICATIONS ON THE SITE OR SERVICES
BigDoor reserves the right to modify or discontinue, temporarily or permanently, the Site, the Services or any features or portions thereof without prior notice. You agree that BigDoor will not be liable for any modification, suspension or discontinuance of the Site, the Services or any part thereof.
17. APPLICABLE LAW AND VENUE
These Terms and your use of the Site and the Services shall be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
18. NON-WAIVER; THIRD-PARTY BENEFICIARIES; HEADINGS
BigDoor’s failure to enforce to insist upon or enforce strict performance of these Terms will not be construed as a waiver of any provision of these Terms or of BigDoor’s right to enforce these Terms. These Terms are enforceable only by you and BigDoor, and create any obligations or liability to any third parties. Any headings within these Terms are for reference only and are not intended to restrict or affect the interpretation or construction of the provisions of these Terms.
If any provision of these Terms shall be deemed unlawful, void, or unenforceable, then that provision will be severed from these Site Terms and will not affect the validity or enforceability of any remaining provisions.