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1. ACCEPTANCE OF TERMS
This website located at www.big.com (the "Site") is provided by Snap Technologies, Inc. ("Snap") subject to your acceptance of the following Terms of Service ("Agreement") which may be updated by Snap from time to time. Your permission to access and use this Site is contingent upon your acceptance of the terms and conditions set forth in this Agreement. You can review the most current version of this Agreement at any time at this page (http://www.big.com/terms.html). You accept the terms and conditions of this Agreement by using this Site in any manner. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, SNAP DOES NOT GRANT YOU PERMISSION TO USE THE SITE.
2. CONDITIONS OF USE
The Site is intended solely for your personal, non-commercial use and may not be used to sell products or services or to drive traffic to your own Internet websites or for other similar purposes without a separate written agreement with Snap. You are not authorized to "meta-search" the Site.
3. NO ENDORSEMENT OF CONTENT OR SERVICE PROVIDERS
Snap encourages you to use discretion when browsing the Internet or using the Site. Snap makes no representations or endorsements regarding the quality, safety, truth, accuracy, reliability or condition of (i) any third party content posted on the Site, (ii) hyperlinks to third party Web sites outside of the Site, or (iii) any content posted on third party Web sites. Snap has no control over the content of any hyperlinked third party Web sites and shall have no obligation to review those sites' content. Your use of any other Web sites is at your own risk, and you must evaluate and bear all risks associated with the use of any such sites. Under no circumstances will Snap be liable for any loss or damage of any kind as a result of the use of any third party content or service providers posted, emailed or otherwise made available through the Site. You understand that by using the Site you may be exposed to content that is inaccurate, misleading, objectionable, or otherwise inappropriate, especially for children.
4. ACCEPTABLE AND LAWFUL USE OF SITE
(a) You are entirely responsible for all information or other content that you upload, post or otherwise transmit to or via the Site. You agree not to upload, post or otherwise transmit via the Site any content that: (i) is false, inaccurate, misleading, harmful, obscene, indecent, pornographic, defamatory, racist, violent, offensive, threatening, harassing, or otherwise objectionable to Snap or other users of the Site; (ii) includes unauthorized disclosure of personal information; (iii) violates or infringes anyone's intellectual property rights; or (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Snap reserves the right to edit or remove content that violates this Agreement or that contains unauthorized third-party content.
(b) You agree that you will not use the Site to: (i) transmit spam, bulk, or unsolicited communications; (ii) pretend to be Snap or someone else, or spoof Snap's or someone else's identity; (iii) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted to or via the Site; (iv) misrepresent your affiliation with a person or entity; (v) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Site; (vi) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (vii) collect or store personal data about other users unless specifically authorized by such users. Snap reserves the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.
(c) You agree that you will not link to the Site using any HTML techniques that display the Site within a frame, partial window, popup, pop-under, or any other non-standard linking method.
(d) You agree to not (i) use any method to intercept or expropriate any system data or information from the Site without the express written permission of Snap; or (ii) use any robot, spider, other automatic device, or manual process to crawl, index, or copy the Site web pages or the content contained herein without the prior expressed written permission of Snap.
5. SUBMITTED MATERIALS
You may submit any comments you may have on our Site and services via our feedback page (http://www.big.com/feedback.html). Please note that by doing so, or by otherwise posting, uploading, inputting, providing or submitting your comments, feedback, concepts, know-how, techniques, software, or ideas (collectively, "Submissions"), you represent and warrant that (i) you are the author of all Submissions and/or are authorized by the author to submit all Submissions on their behalf (ii) your Submissions do not infringe in any manner any trademark, copyright, or other intellectual property right of any third party; (iii) your Submissions do not breach any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or have not otherwise resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (iv) your Submissions do not contain any information that you or any third party considers confidential or proprietary; and (v) your Submissions are not false or misleading.
You grant Snap a world-wide right to use your Submissions on or in connection with Snap's website(s), or to have others do so on Snap's behalf, all without any payment of royalties or other obligations. Snap reserves the right to refuse, reject or remove your Submissions at its discretion at any time. Notwithstanding anything to the contrary set forth herein, Snap shall have no obligation to remove or discontinue use of your Submissions.
6. RELATIONSHIP
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement between you and Snap. This Agreement is between you and Snap and is not intended to be for the benefit of any third party. If there is any dispute between you and any third party, you understand and agree that Snap is under no obligation to become involved. In the event that you have a dispute with any third party or parties, you hereby release Snap, its officers, employees, agents and successors in rights from all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or services.
7. PRIVACY
Certain information about you may be collected during your use of the Site. Collected information is subject to the Big.com Privacy Policy (http://www.big.com/privacy.html), which is incorporated herein by this reference.
8. SYSTEM OUTAGES
Snap periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Snap shall have no liability whatsoever for (i) the resulting unavailability of the Site,(ii) any loss of data or transactions caused by planned or unplanned system outages, (iii) any resultant delay, misdelivery, nondelivery of information caused by system outages, or (iv) any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
9. NO WARRANTY
SNAP PROVIDES THE SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SNAP SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USE OF THE SITE. SNAP MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DOES SNAP MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SNAP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO PORTIONS OF THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
10. OTHER LIMITATIONS OF LIABILITY
IN NO EVENT WHATSOEVER SHALL SNAP, ITS PARENT COMPANY, SHAREHOLDERS, AFFILIATES, SUPPLIERS OR THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (HOWEVER ARISING IN TORT, CONTRACT, OR OTHERWISE) REGARDLESS OF SUCH PARTY'S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SITE IS AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF THE SITE. SNAP NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PARTY TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SITE. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF SNAP, OUR PARENT COMPANY, SHAREHOLDERS, AFFILIATES AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS. IN NO EVENT SHALL SNAP'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED US$50. IN ANY EVENT, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO PORTIONS OF THE FOREGOING MAY NOT APPLY TO YOU.
11. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Snap, its parent company, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of the Site (directly or through your agents), your violation of any terms or conditions of this Agreement, your violation of applicable laws, or your violation of the rights of any other person or entity.
12. INTELLECTUAL PROPERTY
Generally. All pages within the Site are the property of Snap (provided that such pages may contain or link to third party intellectual property). The Site is protected by federal and international copyright and trademark laws. No portion of the materials on the Site pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Snap. You shall not reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Site. Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. You shall not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or its content. Any rights not expressly granted by this Agreement with respect to the Site are reserved by Snap.
Trademark Notice. All trademarks and/or logos used on the Site are the trademarks, service marks or logos of their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the trademarks to you. Further, nothing on the Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any trademark used or displayed on the Site, without the express written permission of Snap or the trademark owner.
13. COPYRIGHT AND INTELLECTUAL PROPERTY AGENT FOR NOTICE
Snap respects the intellectual property of others and we ask our users to do the same. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512, Snap has designated an agent to receive notifications of alleged copyright infringement. Snap has designated the following agent:
Attention: Copyright Agent
Snap Technologies, Inc.
130 West Union Street
Pasadena, CA 91103 USA
Tel.: 626.585.6900
Fax: 626.535.2701
Email: copyrightagent@snap.com
If you wish to notify Snap of an alleged copyright infringement, you may contact Snap as set forth above and request that Snap remove such materials. All such requests must include::
Contact information for you, including name address, telephone number and/or email address;
A description of the copyrighted work that you wish to have removed from Snap's website(s) (the "Material");
A description of where the Material is located on the Site - for images, such description should include an image file name and/or URL link associated with the image
A statement by you, made under penalty of perjury, that you are the copyright owner of the Material or have been expressly authorized to make the request on behalf of the copyright owner; and
An electronic or physical signature of the copyright owner of the Material or a person authorized to act on behalf of the copyright owner.
Failure to include all of the information above may result in the inability to process your request and/or fully remove the Materials from Snap's website(s).
14. GOVERNING LAW AND CHOICE OF FORUM
This Agreement shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. Any suit relating to this Agreement or the Site shall be brought exclusively in the federal or state courts of California and both parties consent to the jurisdiction thereof.
15. MISCELLANEOUS
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement. The delay or failure of either party to require performance of any provision hereof shall in no manner affect such party's right at a later time to enforce such provision. No delay or failure of either party in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. This Agreement and any documents expressly incorporated by reference, including but not limited to the Privacy Policy, constitute the entire agreement between Snap and you pertaining to the subject matter hereof. In its sole discretion, Snap may amend or modify this Agreement or any other documents referenced herein at any time by posting a revised version or versions on the Site. Any amended or modified terms will be effective upon posting. Continued use of or visits to the Site constitutes acceptance of any modified terms and conditions. You may not assign your rights or delegate your responsibilities hereunder without the express written permission of Snap. Snap may, at any time, assign its rights or delegate its obligations hereunder without notice to you. No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement.
16. NOTICES
Notices to Snap shall be by certified mail, return receipt requested, to Snap Technologies, Inc., 130 West Union Street, Pasadena, CA 91103 USA.
Revised: August 16, 2005
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