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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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