Date of Last Revision: August 02, 2007
myBigz.com ("myBigz" or "we" or “us”) is a business utility service for businesses, creative professionals, and individual consumers. The myBigz Services and Site are owned and operated by myBigz.com LLC a limited liability company (“Company”). The services offered by myBigz include the myBigz.com website and any other features, content, or applications that may be offered by the myBigz.com website.
By accessing or using the myBigz website at www.myBigz.com, you certify that you have read, understood and agree to be bound by the Terms of Use Agreement (“Agreement”), whether you are a "Visitor" (meaning that you are simply browsing the myBigz website) or a "Member" (any individual or business entity registered with myBigz).
We reserve the right to update the terms of this Agreement at any time and without further notice. It is your responsibility to regularly check the Site to determine if there have been changes to the Agreement. We will post the updated version of the Agreement on this page and will include the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Agreement. If you do not agree to abide by this or any future Agreement do not use or continue to access the Service or the Site.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
- Eligibility – Use of the Service is void where prohibited. You must be sixteen (16) years old or older to register for use of the Site and/or Service. By using this Site, you represent and warrant that you have the capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
- Term and Termination - This Agreement will remain in full force and effect while you use or access this Site or Service. You may terminate your Membership at any time, for any reason, by following the instructions on the Account Settings page. If you breach this Agreement, myBigz may suspend your account at any time. Even after your account is terminated, or you stop using the Site or Service, certain terms of this Agreement will remain in effect, including, but not limited to, the license you grant to us and representations and warranties you make to us under Content posted on or through the Site, Ownership of Intellectual Property, Indemnity, Disclaimer of Warranty, and Limitation of Liability.
- Fees – You acknowledge that myBigz reserves the right to charge for the myBigz Services and to change its fees from time to time in its discretion. If myBigz terminates your Membership because you have breached the Agreement, you will not be entitled to the refund of any unused portion of subscription fees.
- Password and Account Security – When you register, you will be asked to choose a password. You are responsible for maintaining the confidentiality of your password. You agree to provide accurate, current, and complete information about you as may be prompted by any registration forms on this Site. You are solely responsible for any and all use of your account and for any actions that take place using your account.
- Spamming – You agree not transmit any forms of "junk mail," unsolicited mass mailings, or conduct any form of "spamming" while using the Site or Service. It is a violation of the Agreement to use any information obtained from the Site or Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member or user for purposes other than in the context of your use of the Site and Service as permitted under this Agreement.
- Ownership Of Intellectual Property – This Agreement does not transfer from myBigz to you or any user any proprietary technology developed and/or owned by myBigz or any intellectual property rights owned or otherwise held by myBigz, including incorporated into or used to provide the Service.
- Content Posted On Or Through The Site or Service – You are solely responsible for the Content that you communicate, publish, display, or post on the Service, or transmit to other users (collectively, "Post") and my myBigz is not responsible or liable for any such Content. You may not post or share any Content on the Site or Service that you did not create or that you do not have permission to post. All business and creative professional listings must be legitimate and lawful. myBigzhas the right and discretion to delete any Content that violates this Agreement, Content that we consider offensive, or Content that might be illegal. Such Content includes, but is not limited to, Content which displays or promotes pornographic or sexually explicit activities, money laundering schemes, pyramid schemes, and listings that impersonate and/or misrepresent the identity of a person or entity.
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or that is otherwise offensive to the online community;
- harasses or advocates harassment of another person or entity;
- engages in any illegal activities, provides instructional information about illegal activities, or promote illegal activities or conduct that is abusive, threatening, obscene, or libelous, or defamatory;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," or any other form of solicitation;
- transmits files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of a computer, our Site, any software or hardware and other equipment;
- displays pornographic or sexually explicit material of any kind, including material that exploits individuals under the age of 18 in a sexual or violent manner;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- solicits passwords or personally identifying information for commercial or unlawful purposes from other users;
- use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; or
- circumvents stated policies or misuses the Site or Service for purposes it was not intended, or myBigz deems inappropriate.
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Copyright or Intellectual Property Infringement – You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of myBigz to terminate Membership privileges of any Member or user who repeatedly infringes the copyright rights of others upon receipt of proper notification to myBigz by the copyright owner or a person authorized to act on behalf of the copyright or intellectual property owner. To make a proper notification, please provide the following information to info@mybigz.com.
- a description of the copyrighted work or other intellectual property that you claim has been infringed
- an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
- a description of where the material that you claim is infringing is located on the Site
- your address, telephone number, and email address
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- your statement, attesting made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
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Third Party Content - The Site may contain links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties ("Third Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by myBigz, and we are not responsible for any Third Party Sites accessed through the Site or any Third Content. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and 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 relating to any applications you use or install from the site.
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Indemnity - you agree to indemnify, defend and hold harmless myBigz and any of its agents or members from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses arising out of any unauthorized uses you may make of any material on the site or any breach by you of this agreement.
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Disclaimer of Warranty – We are not responsible or liable for any Content or Third Party Content posted on the Site or in connection with the Service. We do not control and are not responsible or liable for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any Content or Third Party Content. We are furthermore not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. myBigz assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user Content or communications. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to your or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site and/or in connection with the Service. Under no circumstances will the myBigz be responsible for any loss or damage, including any loss or damage to any Content or personal injury or death, resulting from anyone's use of the Site or the Service, any Content or Third Party Content posted on or through the Site or the Service whether such communications or interactions occur online or offline.
THE MYBIGZ SITE AND THE SERVICE ARE PROVIDED "AS-IS" AND MYBIGZ DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. MYBIGZ DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS OFFERE ON THE SITE AND THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
We reserves the right to change any and all items contained or used in the Site and any Services at any time and without prior notice. -
Limitation on Liability - IN NO EVENT WILL MYBIGZ OR ITS MEMBERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF MYBIGZ IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $30. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM MYBIGZ, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. -
Governing Law; Venue and Jurisdiction - By visiting or using the Site and/or the Service, you agree that the laws of the State of Connecticut, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and myBigz or any of our affiliates.
By posting to this Site or through use or access of this Service, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. If you choose to remove your Content, the license granted above will automatically expire, however you acknowledge that the myBigz may retain archived copies of your Content. Furthermore, myBigz cannot guarantee that your Content will be removed from the Internet as search agents and other indexing services may retain and display a copy of a web page that myBigz has removed.
You understand and agree that by posting your Content to the Site or Service, the Content including your name, questions answered, tags, links, photos and all other Content that you voluntarily post, add, or submit to the Site or through a Service, will be open to the anyone on the Internet and may be found through search engines, scrapers, crawlers and aggregators.
Users of the Site may post comments that will be stored in your profile. You will have the right to delete and block further contact from any user with whom you do not wish to communicate. myBigz will send you a notice when you receive a comment. You will also receive email notifications when users of the Site request that you become their contact. You have the right to choose who can contact you, and who can see your email address. You are solely responsible for your interactions with other users of the Site or Service and myBigz is not responsible or liable for any such communications or interactions.
You may not Post inappropriate Content on the Site. The following is a non-exclusive list of the kind of Content that is inappropriate and prohibited on the Site. myBigz reserves the right to investigate and take appropriate legal action, in its sole discretion, against you if you violate these provisions, including without limitation, removing the offending Content from the Site and Service and terminating your account and/or access. You agree not to post any Content or engage in any acts that:
Furthermore, although these acts or Content is prohibited, there is a possibility that you may nevertheless be exposed to such items or behavior while using this Site or Service. You agree that you waive your right to any damages (from any party) related to such exposure. You agree to use this Site and the Service in a manner consistent with any and all applicable laws and regulations.
WE WILL NOT BE LIABLE IN ANY WAY FOR ANY CONTENT ON THE SITE OR MADE AVAILABLE THROUGH THE SERVICE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY SUCH CONTENT.
These Terms of Use constitute the entire agreement between you and myBigz regarding the use of the Site and/or the Service, superseding any prior agreements between you and myBigz relating to your use of the Site or the Service. Failure myBigz to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement shall be deemed unlawful, void or unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
