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WELCOME to the
Web site of Big Idea Productions, Inc. ("Big Idea"),
available at www.bigidea.com and other related sites owned and
operated by Big Idea (collectively, the "Site").
I.
Terms of Service
Big
Idea has established this Site to provide you assets and information
about Big Idea and its services. These terms of use (the "Terms")
sets forth the terms and conditions governing your use of the
Site and your access to and use of the information, content and
services offered on or through the Site. By accessing or using
the Site, you agree to be legally bound by these Terms, which
may be modified by Big Idea from time to time. If you do not agree
to these terms and conditions, you may not use the Site or download
any of our authorized downloadable materials. You should visit
the Site periodically to review the current terms and conditions.
Your continued use of this Site following the posting of changes
to these Terms will mean you accept those changes.
II.
The Use of Our Website by Children
Children
under the age of 13 are not permitted to register in our online
registration programs. Please refer to the Privacy
Policy for information on the types of information we collect.
III.
Big Idea Web Site Content
All
content on Big Idea Web sites, including artwork, graphics, images,
screen shots, text, music, digitally downloadable files, trademarks,
logos, product and character names, and slogans are property of
Big Idea. No content from any Big Idea Web site or any site owned,
operated, licensed, or controlled by Big Idea may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in
any way without the authorized and express written approval of
Big Idea. Approval may be obtained through our Business Affairs
Department by submitting a Permission Request Form. Third party
content such as trademarks, trade names, characters, and trademarks
and copyrights in third party games are the property of the third
parties that license the game or content, and are used by Big
Idea subject to a license agreement. It is expressly forbidden
to misuse those third party's content.
However,
for the purpose of fan sites and other personal, noncommercial
home use, authorized downloadable material may be used, provided
that:
a.
you keep intact all copyright and other proprietary notices,
b. you make no modifications to the materials,
c. you do not use the materials in manner that suggests endorsement
by Big Idea and association with any of our products, services,
or brands, and
d. you do not use the material in a manner that infringes and/or
violates any right of any third party, these Terms, or any law.
No
commercial use, resale, copying or exploitation of material from
the Site is permitted without the express written permission of
Big Idea and any other applicable copyright owner. All rights
not expressly granted hereunder are expressly reserved to Big
Idea.
IV.
Rules of Online Behavior
As
a condition to your accessing, participating on, linking to, or
otherwise using the Site, you agree NOT to, whether directly or
indirectly, use the Site to:
a.
defame, abuse, harass or threaten others;
b. make, post, or distribute, any bigoted, hateful, racially
offensive, threatening, harassing, vulgar, obscene, discourteous,
or indecent languages, images, statements or other objectionable
materials;
c. advocate, discuss with the intent to commit, or commit and
illegal activity;
d. advertise or sell to or solicit others;
e. post or distribute any material that infringes and/or violates
any right (including but to limited to intellectual property
of a third party or any law;
f. make any attempt to penetrate, modify or manipulate the Site
to invade the privacy of any other user of the Site;
g. attempt to modify, erase or damage any information contained
on the Site;
h. reverse engineer any portion of the Site;
i. restrict or inhibit others from using the Site;
j. spoof or otherwise impersonate any individual or entity;
or
k. violate or attempt to violate the security or integrity of
the Site or of any computer system.
V.
Information You Submit
Big
Idea may accept certain information from you via the Site. Information
you submit to Big Idea that we may collect in the course of your
use of the Site are also governed by the current Big Idea Privacy
Policy posted to the Site, which you may review by clicking here.
The terms of the privacy policy are incorporated into these Terms
by this reference.
VI.
Representations, Warranties and Acknowledgment
THE
MATERIALS IN THIS BIG IDEA WEB SITE AND OTHER AFFILIATED SITES
ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED
TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT, OR TITLE. BIG IDEA MAKES NO WARRANTY THAT
THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
UNDER
NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BIG IDEA BE LIABLE
FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OF OR INABILITY TO USE BIGIDEA.COM AND ITS OTHER
AFFILIATED SITES NOR SHALL BIG IDEA BE RESPONSIBLE FOR ANY DAMAGES
WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OR FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION,
OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS
BEYOND BIG IDEA'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED
TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION,
OR UNAUTHORIZED ACCESS TO BIGIDEA.COM RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL BIG IDEA'S TOTAL LIABILITY FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS ($5.00). SOME
STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU.
You
agree to indemnify and hold Big Idea, its parents, subsidiaries,
officers, employees, and contractors harmless from any claims
and expenses, including reasonable attorney's fees, related to
your violation of this Agreement, including any abusive or unlawful
behavior on your part, or the infringement of any intellectual
property or privacy right of any person.
VII.
Third Party Sites.
The
Site may link to third-party sites. These links are provided for
your convenience, and Big Idea assumes no responsibility for any
content made available at any third party site. Such third party
sites may be subject to their own terms of use and privacy policies.
Big Idea urges you to read the posted terms and policies of these
third-party sites.
VIII.
Violations of these Terms or the Law.
Big
Idea reserves the right to investigate and to involve and cooperate
with law enforcement authorities, and to pursue a civil lawsuit
or criminal prosecution for any alleged or actual harmful or illegal
activities involving any of the Site. Big Idea reserves the right,
at any time, to modify or discontinue, temporarily or permanently,
the Site, with or without notice. Your access to any and all Big
Idea Web sites may be terminated immediately without notice from
us if in our sole discretion you fail to comply with any provision
of these Terms. Upon termination, you must cease use of the Site
and destroy all materials obtained from the Site and all copies
thereof. Big Idea shall not be liable to you or any third-party
for any termination of your access to the Site.
IX.
Miscellaneous
These
Terms will be governed by and construed in accordance with the
internal laws of the State of Illinois, without regard to conflict
of law principles. You agree to submit to the exclusive jurisdiction
of the appropriate state and federal courts in the State of Illinois
with respect to claims you may have under these Terms. These Terms
constitutes the entire agreement between you and Big Idea with
respect to its subject matter, superseding any prior oral or written
agreements relating to such subject matter. The failure of Big
Idea to enforce any right or provision of these Terms shall not
constitute a waiver of such right or provision. If a court of
competent jurisdiction finds any provision of these Terms to be
invalid, the court should endeavor to give effect to the parties'
intentions to the maximum extent consistent with applicable law,
and the other provisions of these Terms shall remain in full force
and effect. Any notices to Big Idea shall be in writing and sent
to the address set forth below, attn:
Big Idea Productions, Inc.
Business Affairs
206 Yorktown Center
Lombard, IL 60148
If
you have any questions about these Terms or the Site, please contact
Big Idea at:
Big Idea Productions, Inc.
206 Yorktown Center
Lombard, IL 60148
E-mail: privacy@bigidea.com
Phone: (630) 652-6000
Fax: (630) 652-6001
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