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Terms
& Conditions of Use of BigIdea.com
and Affiliated Web Sites
WELCOME to the Web site of Big Idea Productions, 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 Illinois, 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 Illinois 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 Productions, Inc.
Business Affairs
206 Yorktown Center
Lombard, IL 60148
If you have any questions about these Terms or the Site, please
contact Big Idea at:
Big Idea Productions, Inc.
206 Yorktown Center
Lombard, IL 60148
E-mail: privacy@bigidea.com
Phone: (630) 652-6000
Fax: (630) 652-6001
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