Acceptance of Terms:
By accessing and using Company Sites, users (each, a "user" or "you")
are agreeing to the following Terms of Use and affiliated Privacy Policy.
Please read these Terms of Use carefully, along with the Privacy Policy.
By using Company Sites, you signify your agreement to these Terms of
Use, our Privacy Policy, and all terms, conditions, and notices contained
or referenced therein. If you do not agree to these Terms of Use,
please do not use Company Sites. Change to Terms and Services:
We may, without notice, modify or terminate Company Sites for any reason,
without liability to you, any other user, or any third party.
We reserve the right to modify these Terms of Use at any time without
notice. Please review these Terms of Use and our Privacy Policy
from time to time so that you will be apprised of any changes. Privacy Policy: Click here
to review the Company Privacy Policy, which sets forth
Company's online data collection and usage policies. Data Mining or Resale of Data:
Use of manual or automated software, devices, or other processes (including
but not limited to spiders, robots, scrapers, crawlers, avatars, data
mining tools, etc. other than the search engine and search agents known
to the Company) to "scrape" or download data from any web pages
contained in Company Sites is strictly prohibited. Expect as otherwise
permitted in these Terms of Use, you agree not to: a) monitor or copy,
or allow others to monitor or copy, the Company Sites or the content
included on the Company Sites; or b) to "frame" or otherwise simulate
the appearance or function of the Company Sites. The Company Sites are for your personal
or internal business use only and may not be used for any un-approved
commercial purpose. You agree not to a) use the Company Sites
for illegal and/or unauthorized uses, including collecting any information
of other users by electronic or other means for the purpose of unsolicited
contact; b) reproduce, duplicate, copy, sell, or resell or exploit for
any commercial purposes, any aspect of the Company Sites; c) develop
or derive for commercial sale any data in any form whatsoever the incorporates
or uses any part of the Company Sites or any data residing therein;
d) use of Company Sites to sell a product or service or to increase
traffic to your web site for commercial purposes; e) take the results
from a search on Company Sites and reformat and display them, or mirror
the Company Sites on your web site; or f) "meta-search" the Company
Sites. User Content:
You acknowledge and agree that the Company does not pre-screen content
created in the profile build stage. Furthermore, you acknowledge
and agree that the Company a) does not endorse or guarantee the accuracy
of content submitted by users or editors, b) does not claim responsibility
and cannot be held liable for content submitted or created through Company
Sites, c) disclaims exposure to content that is potentially misleading
or inaccurate, d) can, at its sole discretion, refuse or remove any
content on Company Sites. If you believe that the Company has
acted mistakenly with respect to certain content, contact the editor
at editor@bigsight.org. We reserve the right, however, to take
no further action. It is Company policy not to allow for
any objectionably or unlawful material to be posted on Company Sites.
We will use all reasonable efforts to flag and remove access to content
that is, in our view, objectionable, provided that we shall have no
contractual obligation to undertake, or refrain from undertaking, any
particular course of conduct. If you believe someone has posted
content which is objectionable, we ask you to notify us by e-mail at editor@bigsight.org.
In order for us to respond effectively, please provide us with as much
detail as possible. You must not, and by using Company Sites,
you agree not to, directly or indirectly do any of, but not limited
to, the following things: Copyright Policy: All content,
including but not limited to text, software, music, sound, photographs,
trademarks, service marks, logos, video, graphics, or other material
contained on the Company Sites is protected by copyright, trademarks,
service marks, patents, or other proprietary agreements and laws and
you are only permitted to use content on Company Sites as expressly
authorized herein or in writing by Company. These Terms of Use
do not transfer any right, title, or interest in the Company Sites or
content to you, and the Company retains all of its right, title, and
interest to the content on Company Sites. You acknowledge and agree that Company
owns all database, compilation, collective and similar rights, title,
and interest worldwide in our information databases, and all information
and derivative works generated from those databases. Except as provided in these Terms of
Use, you may not use, download, upload, modify, copy, print, display,
perform, reproduce, publish, license, post, transmit, distribute or
otherwise exploit any content or information from Company Sites, in
whole or in part, without the express permission of Company. However,
you may without our permission download, view, copy, retransmit and
print content, but only if a) content is used for personal, informational,
or internal business purposes; b) content is not provided, sold, licensed,
or leased for any fee or other consideration; c) all copyright, trademark,
and other proprietary rights included in the content or on the Company
Sites, appear on all copies; d) content is not modified or altered in
any way; and e) no graphics are used separately from accompanying text. The trademarks, logos, and service marks
displayed on the Company Sites are the property of the Company.
If you are aware of material on the Company Sites that infringes copyright,
please contact us through the process described below. UNAUTHORIZED USE, COPYING, REPRODUCTION,
MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING,
DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF ANY PART OF COMPANY
SITEs IS PROHIBITED. Nothing contained in the Terms of Use or in the
materials on the Company Sites should be construed as granting, by implication,
estoppel or otherwise, any license or right to use any material in any
manner without the prior written consent of Company or such third party
that may own the material or intellectual property displayed on these
Company Site. In addition, use of the content or materials for any purpose
not expressly permitted in the Terms of Use is prohibited. You shall
not copy or adapt the HTML code that Company uses to generate any content
or the pages making up the Company Sites. If you believe that your work has been
copied and has been posted to the Company Sites in a way that constitutes
copyright infringement, you may provide Company with notice of your
complaint by providing Company with the following information in writing: To be effective, your notification must
be in writing and include the above information. The BigSight Designated
Copyright Agent to receive your notification is: Intellectual Property Complaints Tel: 562.899.8642 You agree to comply with all laws, legislation,
rules, regulations, and governmental requirements of any jurisdiction
in or from which you access the Company Sites. Your use of any data
obtained through the Company Sites must fully comply with all federal
and state laws. THE COMPANY SITES ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY DISCLAIMS
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE FUNCTIONS, MATERIALS
AND CONTENT OF THE SITE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE, AND NAYMZ MAKES NO WARRANTY THAT THE INFORMATION
ON THE SITE WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. THE COMPANY
DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY,
OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. YOU ASSUME THE
ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE SITE, INCLUDING
BUT NOT LIMITED TO THE COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE
OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT
APPLY TO YOU. YOUR USE OF THE COMPANY SITES IS ENTIRELY
AT YOUR SOLE RISK. THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES,
AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS,
AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING
WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE,
WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE,
THE SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES OR LOSS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. The Terms of Use, your access and use
of the Company Sites and the relationship between you and The Company
is governed by the laws of the state of Tennessee, without giving effect
to its conflict of law provisions. The Company and you both agree to
submit to the personal and exclusive jurisdiction of the courts of the
state of Tennessee. Regardless of any statute or law to the contrary,
any claim or cause of action by you arising out of or related to use
of the Company Sites or the Terms of Use must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
In the event of any conflict between foreign laws, rules and regulations
and those of the United States, the laws, rules and regulations of the
United States will govern. The United Nations Convention on Contracts
for the International Sale of Goods will not apply to these Terms of
Use. If either party commences any action or proceeding against the
other party to enforce or interpret this Agreement, the prevailing party
in such action or proceeding shall be entitled to recover from the other
party the actual costs, expenses and attorneys' fees (including all
related costs and expenses), incurred by such prevailing party in connection
with such action or proceeding and in connection with obtaining and
enforcing any judgment or order thereby obtained. You shall indemnify and hold harmless,
and at Companyâs request defend, Company and its parents, subsidiaries,
affiliates and service providers, as well as their respective owners,
directors, officers, shareholders, employees, agents and owners (each,
an "Indemnified Party") from and against any and all claims,
proceedings, damages, injuries, liabilities, losses, costs and expenses
(including reasonable attorneys' fees, an allocation for in-house counsel,
and other legal costs) arising out of your acts or omissions, including
claims resulting from: (i) your use of or access to the Company Sites
and/or content; (ii) any breach of your obligations, representations
or warranties set forth in these Terms of Use; or (iii) your violation
of any rights of others. You shall reimburse each Indemnified Party
on demand for any costs, expenses and liabilities incurred by such Indemnified
Party to which this indemnity relates. Linking to or from the Company Sites:
The Company is not responsible for any content, advertising, products,
services or other materials on or available from web sites that are
linked to or from Company (including without limitation web sites that
may be linked to by another user, and which may be reached by you as
part of a search you conduct using the Company Sites). The Company
is not responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with use
of or reliance on any content, advertising, products, services or other
materials on those web sites. The sites displayed as search results
or linked to by the Company Sites are developed by people over whom
the Company exercises no control, and Company and its editors may not
screen the sites before including them in its sites. Using the Company
Sites may produce results and links to sites that some people find objectionable,
inappropriate, or offensive. We cannot guarantee that usage will not
locate unintended or objectionable content and assume no responsibility
for the content of any site included in any search results or otherwise
linked to by the Company Sites. Miscellaneous: The Companyâs relationship
is not one of agency or partnership and neither you nor Company shall
be deemed to be a partner, employee, fiduciary, agent or representative
of the other by your use of the Company Sites. You may not sell, trade,
lease, assign or otherwise transfer your rights hereunder to any third
party. The Company may assign its rights and duties under these Terms
of Use without such assignment being considered a change to the Terms
of Use and without notice to you. The Terms of Use are severable. In
the event that any provision is determined to be unenforceable or invalid,
such provision shall still be enforced to the fullest extent permitted
by applicable law, and such determination shall not affect the validity
and enforceability of any other remaining provisions. If Company fails
to enforce any provision of the Terms of Use, it shall not constitute
a waiver of such provision. The Terms of Use will inure to the benefit
of The Companyâs successors, assignees and licensees. The Terms of
Use, the Privacy Policy, and the documents incorporated by reference,
and any modifications by Company to the foregoing, constitute the entire
understanding between Company regarding your access to, license and
use of the Company Sites, and they supersede any prior agreements, statements
or representations with respect to the same. The Company may provide
you with notices by email, postal mail, or postings on the Company Sites.
Notices given by you to Company must be given by e-mail and addressed
to editor@bigsight.org, or by postal mail. You acknowledge that (a) you have read
and understood these Terms of Use; (b) these Terms of Use have the same
force and effect as a signed agreement; (c) you have the requisite power
and authority to agree to, deliver and perform these Terms of Use and
to consummate the transactions contemplated hereby; and (d) these Terms
of Use have been duly authorized, agreed to and delivered by you, constitute
your legal, valid and binding obligation, and are enforceable against
you in accordance with the terms and conditions herein. If you have any questions regarding these
Terms of Use or the Site, please contact Company at editor@bigsight.org
1201A 7th Avenue N, Nashville, TN 37208
copyrightnotice@bigsight.org
7. COMPLIANCE WITH APPLICABLE LAW
8. DISCLAIMERS
9. LIMITATIONS ON LIABILITY
10. DISPUTES
11. INDEMNITY
12. OTHER
Acknowledgment
Contact Information