Promotions, sweepstakes, giveaways, contests, or other interactions with the Sites (each, a “Promotion”) are governed by these Terms unless specifically superseded by Promotion-specific terms.
1.Ownership and Use of Sites and Content
The Sites may include information, content, or other materials, including without limitation, audio and video clips, logos, icons, games, software, applications, data, text, graphics, images, and/or links (collectively, the “Content”). You acknowledge that Content and the Sites are protected by copyrights, trademarks, patents and other proprietary rights owned by Big Brands and/or its licensors, including rights to the selection, coordination, arrangement and enhancement of such Content, and that these rights are valid and protected in all media existing now or later developed and under United States and foreign laws. Except as expressly provided herein, Big Brands does not grant you any express or implied rights in or to Content and/or the Sites, and all right, title and interest that Big Brands has in the Content and/or the Sites not explicitly granted to you by Big Brands or its licensors are retained by Big Brands or its licensors, respectively. No Content may be modified, copied, adapted, reverse engineered, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, transferred, licensed or sold in any form or by any means, in whole or in part, without Big Brands’ or its licensors’ prior written permission or as expressly authorized by these Terms. Big Brands hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Sites, subject to your complete compliance with the Terms and any and all other terms and policies set forth on or in Content and/or the Sites. You acknowledge that you do not acquire any ownership rights in or to any of the Sites or the Content by using any of the Sites or Content.
The trademarks, logos and service marks displayed on the Sites (collectively the “Trademarks”) are the registered and unregistered trademarks of Big Brands, its subsidiaries and affiliates, its licensors and vendors and other third parties. The Trademarks owned by Big Brands and its subsidiaries and affiliates, whether registered or unregistered, may not be used in connection with any product or service that is not Big Brands’, in any manner that is likely to cause confusion among consumers, or in any manner that disparages Big Brands. Nothing contained on the Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Big Brands or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Big Brands will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
THE SITES AND ALL CONTENT IS PROVIDED “AS IS” AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. You may not circumvent or disable any content protection features and must retain all copyright and other proprietary notices on downloaded and copied Content, and any such downloads or copies are subject to the terms and conditions of these Terms.
2. Interactive Features and User Submissions
The Sites may provide you and other users with features that allow you to submit, post, comment, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions, ratings or material to the Sites (“Submissions”). Submissions do not reflect the views of Big Brands and Big Brands has no obligation to monitor, edit, or review any Submissions on the Sites. Big Brands assumes NO responsibility or liability arising from the content of any such Submissions nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Submissions on the Sites. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Big Brands will fully cooperate with any law enforcement authorities or court order requesting or directing Big Brands to disclose the identity of anyone posting any such information or materials.
By sending, posting or transmitting to Big Brands Submissions in any manner or by posting such Submissions to any area of the Sites, you grant Big Brands and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, exhibit, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. You must not transmit any Submission to or through the Sites or to Big Brands that you consider to be confidential or proprietary, and any Submissions shall be deemed non-confidential. You are responsible and liable for any Submissions.
3. Purchasing Content or Subscriptions
You may choose to purchase merchandise, content, subscriptions or other products or services from merchants, apps, app stores, or platforms (collectively, “Merchants”) posted on or linked to through the Sites. Any terms, conditions, warranties, or representations from Merchants regarding purchases from Merchants are solely between you and the Merchant. Big Brands is not responsible for losses or damages of any kind resulting from such purchases and Big Brands makes no warranty or representation regarding purchases through any Merchant posted on or linked to through the Sites. In-app purchases through third party app stores or marketplaces are governed by the terms of the third party app store or marketplace.
4. Submission of Unsolicited Ideas
Big Brands does not accept or consider unsolicited ideas, including ideas for new programming, promotions, products, services, technologies or processes (collectively, “User Ideas”). You must not transmit any User Ideas to or through the Sites or to Big Brands through email that you consider to be confidential or proprietary, and any User Ideas shall be deemed non-confidential. You are responsible and liable for any User Ideas. You agree that by submitting User Ideas to Big Brands, including any concepts, know-how or ideas, you hereby grant Big Brands a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, exhibit, distribute, prepare derivative works of and display the User Ideas in connection with the Sites and Big Brands’ (and its successor’s) business, including without limitation, for promoting and redistributing part or all of the User Ideas (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to you or to others.
5. Modifications to the Sites and the Terms
Big Brands reserves the right, in its sole discretion, to change, terminate, supplement, modify, add to or discontinue any content, feature, or aspect of the Sites. Big Brands reserves the right to make changes to these Terms at any time. We will provide notification to you in advance of any material changes to these Terms becoming effective by posting a notification on the Sites. If you continue to access and/or use any of the Sites after the effective date of such changes, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Terms as changed. The revised Terms supersede all previous notices or statements regarding the Sites. For this reason, we encourage you to review these Terms any time you access or use the Sites, and we recommend that you print out a copy for your records.
6. Third Party Sites
Any dealings with third parties, such as advertisers, included within the Sites or participation in promotions involving the delivery of and payment for goods and services, or any other terms, conditions, warranties or representations associated with such third parties, are solely between you and that third party. Big Brands is neither responsible nor liable for any part of such dealings or promotions.
7. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Big Brands infringe your copyright (for example, materials posted by Big Brands on one of our TV channels), you (or your agent) may send us a notice requesting that the material be removed or that access to it be blocked. Please see the requirements and specific instructions for submitting a notice to Big Brands on Big Brands’ DMCA (Copyright) Notifications page at http://www.bigbrandstv.com/dmca-copyright-notifications/. If you believe in good faith that a notice of copyright infringement has been wrongly filed by Big Brands against you, the DMCA permits you to send Big Brands a counter-notice. Please refer to Big Brands’ DMCA (Copyright) Notifications at http://www.bigbrandstv.com/dmca-copyright-notifications/ for the requirements and instructions for submitting a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.copyright.gov for details. Notices and counter-notices with respect to the Sites should be sent to Big Brands’ Copyright Agent for Notice of claims of copyright infringement at: firstname.lastname@example.org (with the subject line: “DMCA Communication”). You can also mail your DMCA related correspondence to:
BIG BRANDS ENTERTAINMENT
A BIG BRANDS, LLC COMPANY
7065 West Ann Road, Suite 130260
Las Vegas, NV 89130
ATTN: DMCA COMMUNICATION
Big Brands’ Copyright Agent for Notice of claims of copyright infringement should be contacted only for the purposes set forth in this Section. ALL OTHER INQUIRIES DIRECTED TO Big Brands’ COPYRIGHT AGENT WILL NOT BE ANSWERED.
8. Digital Charges
The Sites may include download charges, in-app/game purchases and in-app/game subscriptions (collectively, “Digital Charges”). Digital Charges may be levied by Big Brands directly or a third party platform. The digital goods provided by Big Brands in return for Digital Charges (“Digital Goods”) include only a limited license right to be used as allowed by Big Brands in its sole discretion. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use Digital Goods on and in the Sites, you agree that you have no right or title in or to any such Digital Goods. You agree that Big Brands or the third party platform has the sole right to regulate, oversee, manage, control, modify, terminate, and/or eliminate Digital Charges and the associated Digital Goods from the Sites as it sees fit and in its sole discretion.
YOU ACKNOWLEDGE AND AGREE THAT DIGITAL CHARGES MERELY REPRESENT A MEANS TO ACCESS CERTAIN FEATURES OF THE SITES IF, WHEN AND TO THE EXTENT ALLOWED BY Big Brands, IN ITS SOLE DISCRETION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, REGARDLESS OF ANY CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR ACCESS TO DIGITAL GOODS, YOU DO NOT HAVE ANY RIGHTS BEYOND THOSE SET FORTH IN THESE TERMS REGARDING SUCH DIGITAL GOODS. SPECIFICALLY, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO REAL PROPERTY RIGHTS WITH RESPECT TO SUCH DIGITAL GOODS, ANY VIRTUAL PROPERTY RIGHTS WITH RESPECT TO SUCH DIGITAL GOODS, ANY RIGHT OF ACCESS TO SUCH VIRTUAL CURRENCY OR ANY RIGHT TO ANY DATA STORED BY OR ON BEHALF OF Big Brands.
9. Access by Children
YOU MUST BE AT LEAST 13 YEARS OF AGE TO USE THE SITES, REGISTER FOR AN ACCOUNT, OR TRANSMIT/SUBMIT/POST ANY SUBMISSION, ANY PERSONAL INFORMATION OR TO ANY FORUM. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. By accessing, using and/or submitting information to or through any of the Sites, you represent that you are at least 13 years of age or older and otherwise have the legal capacity to enter into these Terms.
UNDER 18: IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER’S REGISTRATION WITH THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER’S USE OF THE SITES.
If you register for an account through a Site using stand-alone registration or social media logins, you are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account. If you have reason to believe that your username or password is no longer secure, you must: (i) promptly change your password by visiting the Sites or applicable social media site, and (ii) immediately notify us of the problem by emailing us at email@example.com (with the subject line: “Username Password Security Issues”).
You may not use anyone else’s user account at any time and you may not allow anyone else to use your account at any time. You agree that Big Brands will not be liable for any loss you may incur as a result of someone else using your username and/or password, either with or without your knowledge, and you further agree that you will be liable for losses incurred by Big Brands or another party due to someone else using your account information. Because of this, Big Brands strongly recommends that you exit from your account at the end of each session.
Your ability to access and use the Sites and Content will remain effective until terminated in accordance with the Terms. Big Brands may suspend, terminate, modify or delete your account with or without notice to you, at any time for any reason or for no reason, including without limitation, for violation of the Terms. Big Brands reserves the right to refuse service to anyone and to remove Content for any reason whatsoever in its sole discretion.
You may terminate your account by sending a letter stating your intention to Big Brands Entertainment at firstname.lastname@example.org (with the subject line “Termination Request”). Big Brands may terminate and delete your account, in our sole discretion, if it has been inactive for a period of at least 12 months. Your account will be considered inactive if you do not log on to any Site using your username and password.
THE SITES, THE CONTENT AND ANY AND ALL PRODUCTS OR SERVICES OBTAINED THROUGH THE SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BIG BRANDS AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, MERCHANTS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. BIG BRANDS AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, MERCHANTS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITES OR THE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES (OR ANY PART THEREOF INCLUDING THE CONTENT AND SUBMISSIONS), THE SERVER(S) ON WHICH THE SITES ARE HOSTED OR ANY SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF BIG BRANDS OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, MERCHANTS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITES, IN THE CONTENT OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITES AND ANY CONTENT AND SERVICES PROVIDED THROUGH THE SITES ARE ENTIRELY AT YOUR OWN RISK.
13. Limitation of Liability
NEITHER BIG BRANDS NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, MERCHANTS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES AND/OR CONTENT CONTAINED ON THE SITES, SUBMISSIONS, ANY LINKED WEBSITE OR ANY CODE, PRODUCT OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES, CONTENT, SUBMISSIONS, PRODUCTS OR ANY LINKED WEBSITE IS TO STOP USING THE SITES, CONTENT, SUBMISSIONS, PRODUCTS OR LINKED WEBSITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO BIG BRANDS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO BIG BRANDS, IF ANY, TO ACCESS OR USE THE SITES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND BIG BRANDS OR A REPRESENTATIVE OF BIG BRANDS CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATES ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
You agree to indemnify, defend and hold harmless Big Brands, our affiliates, licensors, suppliers, Merchants, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, from and against any and all claims, damages, losses, costs (including without limitation, reasonable attorneys’ fees and expenses) and other expenses that arise directly or indirectly out of or from: (a) your breach (including through use of your username, whether or not by you) of the Terms; (b) any allegation that any Submission or other information you submit to us or transmit to the Sites or Big Brands infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; (c) your access to and use of the Sites; and/or (d) any claim that one of your postings or Submissions caused damage to a third party, including without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever.
15. Dispute Resolution
You and Big Brands agree to arbitrate all disputes between you and Big Brands or its affiliates, except for disputes relating to the enforcement of Big Brands’s or its affiliates intellectual property. The Terms are solely governed by and construed in accordance with the laws of the State of Nevada, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction. Any disputes between you and Big Brands relating to the Sites must be resolved exclusively through binding arbitration under the rules of the American Arbitration Association (“AAA”), or in small claims court in Las Vegas, Nevada, U.S.A. or in your county of residence if your claims qualify to be heard there. In the event of a dispute, you or Big Brands must send to the other party a notice of dispute, in writing, setting forth the name, address and contact information of the party giving notice, the facts of the dispute and relief requested. You may initiate proceedings by sending Big Brands a Notice of Legal Dispute, available on the AAA website at www.adr.org, to the following address:
BIG BRANDS ENTERTAINMENT
A BIG BRANDS, LLC COMPANY
7065 West Ann Road, Suite 130260
Las Vegas, NV 89130
We will send any notice of dispute to you at the contact information we have for you.
You and Big Brands Agree to try to attempt to resolve a dispute through informal negotiation upon notice of a dispute for a period of 60 days. If you and Big Brands do not resolve the dispute in such 60 day time period or in small claims court, then you or Big Brands may commence arbitration. You and Big Brands agree that a dispute will be heard before a neutral single arbitrator, whose decision will be final, except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN A COURT OF LAW BEFORE A JUDGE OR JURY. The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. Information regarding these rules can be found on the AAA website at www.adr.org. In addition, you and Big Brands agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; and (b) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.
If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Big Brands will pay all other AAA and arbitrator’s fees and expenses.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITES, AND NO CLASS ACTION ARBITRATION PROCEEDINGS OR ANY PROCEEDINGS IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY SHALL BE PERMITTED. PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. In no event shall any claim, action or proceeding by you or Big Brands related in any way to the Sites be instituted more than one (1) year after the cause of action arose.
If a court of competent jurisdiction finds these arbitration provisions invalid or inapplicable, you agree to the exclusive jurisdiction of the Federal and State courts located in Las Vegas, Nevada, and you agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable claim or action.
16. Notices and Contact Information
All notices required or permitted to be given under these Terms must be in writing and shall be given by personal delivery, registered or certified mail, or Federal Express or other nationally recognized courier service which regularly tracks its packages, to Big Brands Entertainment, 7065 West Ann Road, Suite 130260, Las Vegas, NV 89130. Notices, if personally delivered, shall be deemed to have been received on the date of delivery; if by registered or certified mail, on the third business day after mailing; if by Federal Express, on the second business day after deposit with the service.
If you have any questions, comments or complaints regarding the Sites, feel free to contact us at: Big Brands Entertainment, re: Web Site [Name], 7065 West Ann Road, Suite 130260, Las Vegas, NV 89130 or email@example.com (with the subject line “Questions, Comments or Complaints”).
If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Big Brands relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. The Terms are not assignable, transferable or sublicensable by you except with Big Brands’ prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Big Brands’ performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of Big Brands’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Big Brands with respect to such use.