| PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. |
| By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site! |
| Carousel Information Management Solutions, Inc. d/b/a BigScreenLive ("BigScreenLive") may revise and update these Terms and Conditions at any time. Your continued usage of the BigScreenLive.com website ("BigScreenLive Site," or the "Site,") will mean you accept those changes. |
| INDEX |
- Use of Content
- Liability of BigScreenLive and Its Licensors
- User Submissions
- User Media Submissions – Image, Video, Audio files
- Passwords
- BigScreenLive Live and Member to Member Areas ("Public Areas")
- Advertisements, Searchs and Links to Other Sites
- Indemnity
- General
- Jurisdiction
- Complete Agreement
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| Use Of Content |
| BigScreenLive authorizes you to view or download a single copy of the material on the BigScreenLive Site (“Content”) solely for your personal, noncommercial use if you include the copyright and proprietary rights notices that are contained in the Content. |
| Liability Of Bigscreen And Its Licensors |
| The use of the BigScreenLive Site and the Content is at your own risk. |
| When using the BigScreenLive Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of BigScreenLive and its suppliers. Accordingly, BigScreenLive assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the BigScreenLive Site. |
| The BigScreenLive Site and the content are provided on an "as is" basis. BIGSCREEN, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, BigScreenLive, its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the BigScreenLive Site. |
| In no event shall BigScreenLive, its licensors, its suppliers, or any third parties mentioned on the BigScreenLive Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the BigScreenLive Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not BigScreenLive, its licensors, its suppliers, or any third parties mentioned on the BigScreenLive Site are advised of the possibility of such damages. BigScreenLive, its licensors, its suppliers, or any third parties mentioned on the BigScreenLive Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1,000. BigScreenLive, its licensors, its suppliers, or any third parties mentioned on the BigScreenLive Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions. |
| User Submissions |
| The personal information you submit to BigScreenLive is governed by the BigScreenLive Privacy Policy. To the extent there is an inconsistency between this Agreement and the BigScreenLive Privacy Policy, this Agreement shall govern. |
| You agree that you will not upload or transmit any communications or content of any type to any public areas of our site that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes. |
| You agree that you will not send or transmit to BigScreenLive by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to BigScreenLive by email, you agree such submission is non-confidential for all purposes. |
| User Media Submissions — Image, Video, Audio Files |
| You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. |
| To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, or email address) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited. |
| By uploading any media on the BigScreenLive Site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herin. |
| It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions and the BigScreenLive Privacy Policy. |
| You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site. |
| BigScreenLive reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion |
| Passwords |
| BigScreenLive has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your BigScreenLive passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your BigScreenLive account and password; and (3) promptly inform BigScreenLive of any need to deactivate a password. You grant BigScreenLive and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. BigScreenLive cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using BigScreenLive tools and services. |
| Bigscreen Live And Member To Member Areas ("Public Areas") |
| If you use a Public Area, such as a chat room, message boards, blogs or community, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. BigScreenLive and its licensors are not responsible for the consequences of any communications in the Public Areas. |
| In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions: |
- Using a Public Area for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by BigScreenLive in its sole discretion;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Posting the same note more than once or "spamming"; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of BigScreenLive, exposes BigScreenLive or any of its customers or suppliers to any liability or detriment of any type.
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| BigScreenLive reserves the right (but is not obligated) to do any or all of the following: |
- Record the dialogue in public chat rooms.
- Investigate an allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
- Terminate a user's access to any or all Public Areas and/or the BigScreenLive Site upon any breach of these Terms and Conditions.
- Monitor, edit, or disclose any communication in the Public Areas.
- Edit or delete any communication(s) posted on the BigScreenLive Site, regardless of whether such communication(s) violate these standards.
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| We may also disclose personal information when required to do so by law or when such action is necessary or appropriate to comply with legal process served on BigScreenLive, to protect and defend the rights or property of BigScreenLive, or to protect the personal safety of users of the BigScreenLive Site. We reserve the right to contact the appropriate authorities in our discretion when visitors' activities appear to be illegal or inconsistent with our policies. |
| Advertisements, Searches, And Links To Other Sites |
| BigScreenLive may provide links to third-party web sites. BigScreenLive also may select certain sites as priority responses to search terms you enter and BigScreenLive may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. BigScreenLive does not recommend and does not endorse the content on any third-party websites. BigScreenLive is not responsible for the content of linked third-party sites, sites framed within the BigScreenLive Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. BigScreenLive does not endorse any product, service, or treatment advertised on the BigScreenLive Site. |
| Indemnity |
| You agree to defend, indemnify, and hold BigScreenLive, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions. |
| General |
| BigScreenLive is based in Seattle, Washington, in the United States of America with principal offices in Seattle. BigScreenLive makes no claims that the BigScreenLive Site, or the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the BigScreenLive Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. |
| The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability of BigScreenLive and its Licensors, User Submissions, User Submissions – Image, Video, Audio Files, Indemnity, Jurisdiction, and Complete Agreement. |
| Jurisdiction |
| You expressly agree that exclusive jurisdiction for any dispute with BigScreenLive, or in any way relating to your use of the BigScreenLive Site, resides in the courts of the State of Washington and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Washington in connection with any such dispute including any claim involving BigScreenLive or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. |
| These Terms and Conditions are governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or of any other term or condition. |
| Complete Agreement |
| Except as expressly provided in a particular "legal notice" on the BigScreenLive Site, these Terms and Conditions and the BigScreenLive Privacy Policy constitute the entire agreement between you and BigScreenLive with respect to the use of the BigScreenLive Site, and Content. |
| Thank you for your cooperation. We hope you find the BigScreenLive Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via email to: customercare@bigscreenlive.com. |