Introduction
By accessing or using the BigThis.com Service, you signify that you have read the following terms and conditions (the ’Terms of Service’) and accept and agree to be bound by them, whether or not you register with BigThis.com.
Changes to BigThis.com and the Terms of Service
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and we may send registered users an email notifying you of the change. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL STOP USING THE BigThis.com SERVICE. YOUR CONTINUED USE OF THE BigThis.com SERVICE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE OR RECEIVING OUR EMAIL NOTIFYING YOU OF THE CHANGE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
Eligibility and Registration
You should provide true, accurate and complete registration information to be a BigThis.com member (’Member’), and also maintain the accuracy of this information. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
Member Conduct and Appropriate Content
The BigThis.com Service is made available for your personal, non-commercial use only. You may not use the BigThis.com Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content (’Materials’) that you submit, post, and display on the BigThis.com Service.
We may, but shall have no obligation to, remove or limit access to Materials originating from any BigThis.com user that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does BigThis.com have any obligation to check the accuracy or truthfulness of any Materials, nor to monitor any Member’s use of the BigThis.com Service.
BigThis.com reserves the right to deactivate user accounts without further notice.
Conditions For Use
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the BigThis.com Service. By way of example, and not as a limitation, you agree NOT to:
Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
Use other Members’ personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members.
Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.
Submit Materials of any third party without such third party’s prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by BigThis.com.
Create a false or misleading identity of, including, but not limited to, a BigThis.com employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Use the BigThis.com Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.
Attempt to gain unauthorized access to the BigThis.com Service, other accounts, computer systems or networks connected to the BigThis.com Service, through password mining or any other means.
Modify, adapt, translate, or reverse engineer any portion of the BigThis.com Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the BigThis.com Service, except as expressly authorized by BigThis.com.
Reformat or frame any portion of the web pages that are part of the BigThis.com Service.
Upload, post or disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
Remove any copyright, trademark or other proprietary rights notices contained in or on the BigThis.com Service.
Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
Interfere with another Member’s use and enjoyment of the BigThis.com Service.
Harvest or collect email addresses or other contact information of Members, including names, from the BigThis.com Service by electronic or other means.
Proprietary Rights
BigThis.com does not claim any ownership rights in any Materials that you submit, post, or display on or through the BigThis.com Service. After submitting, posting or displaying Materials on or through BigThis.com or the BigThis.com Service, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the BigThis.com Service, you hereby grant to BigThis.com and its agents and assigns a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely in connection with the BigThis.com Service or the promotion thereof.
Without this license, BigThis.com would be unable to provide the BigThis.com Service. For example, without the right to modify your Materials, BigThis.com would not be able to digitally compress music files that you or other Members submit or otherwise format Materials to satisfy technical requirements, and without the right to publicly perform Materials, BigThis.com could not allow users and Members to listen to music posted by Members. The license you grant to BigThis.com is non-exclusive (meaning you are free to license your Materials to anyone else in addition to BigThis.com), fully-paid and royalty-free (meaning that BigThis.com is not required to pay you for the use on the BigThis.com Service of the Materials that you post), sub licensable (so that BigThis.com is able to use its affiliates and subcontractors such as Internet and WAP content delivery networks to provide the BigThis.com Service), and worldwide (because the Internet and the BigThis.com Service are global in reach). This license will terminate at the time you remove your Materials from the BigThis.com Service, except that you agree that the license will continue solely with respect to other Members’ continued use of your Materials that are not music or videos (i.e. photos or skins); provided, however if you remove any of the Materials from the BigThis.com Service, BigThis.com reserves the right to remove all of your Materials from other Member’s pages. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the BigThis.com Service. The hosting of certain items that you post, such as video, may require your agreement to a separate license agreement or terms of use.
BigThis.com and its affiliates and licensors own and retain all rights in the BigThis.com Web site and BigThis.com Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the BigThis.com. Except as expressly authorized by BigThis.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of BigThis.com proprietary information.
Privacy & Personal Information
We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy.
Information collected in connection with your use of the BigThis.com Service may be processed and stored in the United States, or other countries where BigThis.com or its parent, affiliates, subsidiaries or service providers maintain facilities. Additionally, you agree that we may use your BigThis.com username to authenticate you on any service provided by BigThis.com or its affiliates.
Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. BigThis.com respects the intellectual property rights of others and reserves the right to terminate any user’s access to the BigThis.com Service according to these terms of use if BigThis.com is notified that such user’s activities infringe the rights of third parties on more than one occasion. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please file a copyright infringement notification (Notice) with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (x) below:
(i) statement that you have identified material on the BigThis.com Service which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable); (ii) a description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable); (iii) the country or countries to which your copyright applies; (iv) a description of the way in which the copyright material has been infringed; (v) a description of where the material that you claim is infringing is located on the BigThis.com Service (including a URL and/or screen shot); (vi) your address, telephone number, and email address so that we may get in contact with you; (vii) the contact details that you would like us to provide to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint; (viii) a statement by you that you have a good faith belief that the disputed use of the copyright work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; (ix) a statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf and (x) an electronic or physical signature (which may be a scanned copy) of the copyright owner.
