Terms of Use - April 29, 2007



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:


  • Not to publish, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, or indecent or unlawful material or information.
  • Impersonate anyone else or misrepresent your affiliation with any person or entity, including but not limited to a Company employee;
  • Contact anyone who has asked not to be contacted, or otherwise harass anyone profiled on the site;
  • Not to interfere with or disrupt networks connected to the Company Sites or violate the regulations, policies, or procedures of such networks
  • Use, collect, or store other users' Personal Information (as defined in our Privacy Policy) or content for commercial or unlawful purposes, or for purposes other than establishing contact that is reasonably expected to be welcomed;
  • Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, or any other form of unsolicited commercial advertising or objectionable material;
  • Unnecessarily delete or revise any material posted by any other person or entity.


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:


  • The electronic or physical signature of the owner of the copyright that has allegedly been infringed or a signature of the person authorized to act on the owner's behalf;
  • Identify the copyrighted work that you claim has been infringed or, if multiple copyrighted works on the Company Sites are covered by a single notification, a representative list of such works at the Company Sites;
  • Identify the material that is claimed to be infringing, with information about its location reasonably specific to permit Company to locate the material;
  • Your name, address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

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
1201A 7th Avenue N, Nashville, TN 37208


Tel: 562.899.8642
copyrightnotice@bigsight.org


7. COMPLIANCE WITH APPLICABLE LAW


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.


8. DISCLAIMERS


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.


9. LIMITATIONS ON LIABILITY


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.


10. DISPUTES


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.


11. INDEMNITY


You shall indemnify and hold harmless, and at Companyâ™s 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.


12. OTHER


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 Companyâ™s 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 Companyâ™s 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.


Acknowledgment


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.


Contact Information


If you have any questions regarding these Terms of Use or the Site, please contact Company at editor@bigsight.org