Terms & Conditions
TheBIGWiki.com Terms of Use Agreement
Last Updated January 3, 2008
Welcome to the User Agreement for TheBIGWiki.com LLC.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the TheBIGWiki.com Services. By using TheBIGWiki.com Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the TheBIGWiki.com Website) or you are a "Member" (which means that you have purchased a wiki page hosted by TheBIGWiki.com ). The term "User" refers to a Visitor or a Member. You are only authorized to use the TheBIGWiki.com Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the TheBIGWiki.com Website and discontinue use of TheBIGWiki.com immediately. If you wish to become a Member, communicate with other Members and make use of TheBIGWiki.com Services, you must read this Agreement and indicate your acceptance when you purchase a wiki page.
This agreement includes TheBIGWiki.com Privacy Policy. In the event of any inconsistency between TheBIGWiki.com Privacy Policy and this User Agreement, the User Agreement shall control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services.
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of TheBIGWiki.com service indicates your acceptance of the amended User Agreement.
Description of Service
TheBIGWiki.com is an online service that provides individuals and companies a wiki page of at least 10,000 words. The wiki page will be hosted by TheBIGWiki.com. TheBIGWiki.com may add services at its own discretion.
User/Membership Eligibility
TheBIGWiki.com Service is not available to minors under the age of 18 or to any Users suspended or removed from the system by TheBIGWiki.com for any reason. If you do not qualify, you may not use TheBIGWiki.com Service.
Use of Service
Your use of TheBIGWiki.com Service is governed by this User Agreement. TheBIGWiki.com may refuse service without prior notice to any User for any or no reason.
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify TheBIGWiki.com of any unauthorized use of your password or account or any other breach of security. TheBIGWiki.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You are solely responsible for the content that you post on or through any of TheBIGWiki.com Services and any material you transmit to other users or the general public and for your interactions with other Users. TheBIGWiki.com does not endorse and has no control over the content. Content is not necessarily reviewed by TheBIGWiki.com prior to posting and does not reflect the opinions or policies of TheBIGWiki.com. TheBIGWiki.com makes no warranties, expressed or implied, as to the content or to the accuracy and reliability of the content or any other material or information that you may transmit to your wiki page or through other TheBIGWiki.com services.
Termination
You agree that TheBIGWiki.com may, with or without cause, immediately terminate your TheBIGWiki.com account and access to the TheBIGWiki.com Service without prior notice. Without limiting the foregoing, the following will lead to a termination by TheBIGWiki.com of a user’s use of TheBIGWiki.com Service (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your Big Wiki account includes removal of access to all offerings within TheBIGWiki.com Service and may also bar you from further use of TheBIGWiki.com Service. Furthermore, you agree that all terminations shall be made in TheBIGWiki.com’s sole discretion and that TheBIGWiki.com shall not be liable to you nor any third-party for any termination of your account or access to TheBIGWiki.com Service.
Purchasing a Page
The fee for each wiki page, for a one year term is one hundred US dollars (USD$100) per page. On each one year anniversary of the purchase date a $100 fee is due and payable. The $100 fee includes several basic features available on the website. Additional premium features may be available for an additional fee. All sales are final.
TheBIGWiki.com shall make reasonable effort to give a minimum of six (6) weeks' notice in respect of any change to the rates and/or to this Contract, but reserves the right to make such changes at shorter notice.
Special rates and conditions may be announced from time to time for particular pages, words or times.
In order to purchase a wiki page from TheBIGWiki, the member must pay via Master Card or VISA, at which time they must specify which words (page) they intend to purchase. Purchases subject to availability.
Following Payment, the member will receive an email with a username and password to edit their wiki page. They will also receive a link to their page, so that they may edit it.
When you purchase a word(s) in the wiki, you do not own any part of the site, but rather you are granted the right to submit content for the respective page purchased. You are also granted the right to sell that page to someone. All secondary buyers must provide written agreement to TheBIGWiki.com terms and conditions.
There will be no refunds of any Charge paid by the member, unless wiki page purchased was no longer available at the time of purchase. In such an event, member will be refunded only for pages that were unavailable.
By placing an Order with TheBIGWiki.com the member accepts and agrees to comply with the this Agreement.
Nothing in this Agreement shall create or be deemed to create a partnership, joint venture or principal-agent relationship between the parties and neither party shall have authority to bind the other in any way unless expressly provided otherwise in the terms and conditions.
Resale
The wiki page owner may resell the wiki page purchased. The new buyer is then assigned the rights previously held by the seller, and the seller shall no longer confer any rights of any kind to the wiki page sold. The buyer and seller must notify TheBIGWiki.com in writing, return receipt, US mail of any sale. The secondary buyer must provide TheBIGWiki.com all the contact information required to buy a wiki page and written confirmation he/she has read and agrees to TheBIGWiki.com Terms of use Agreement.
TheBIGWiki.com is hereby released from any liability with regard to re-sale transactions. We make every effort to confirm the identity of the buyer and the seller. If we mistakenly confirm the identity of either the buyer or the seller, we are not liable. In such an event, ownership of the word will be assigned at the sole discretion of TheBIGWiki. Any party involved shall forgo any monies paid to TheBIGWiki. TheBIGWiki.com shall not owe any monies to either the seller, the buyer, or any other party.
Acceptance and Removal of Content
Following the placing of an Order, the member may upload relevant content onto his/her wiki page by following the relevant instructions as described on the Website and the terms and conditions.
Content shall be provided in the relevant wiki page, in accordance with this Agreement, and comply with all applicable Law. If not TheBIGWiki.com may not post the Content or remove the Content.
The member agrees it has all necessary rights, consents, licenses, clearances and waivers in relation to the relevant content to enable TheBIGWiki.com to publish such Content on the Website and the member shall be solely responsible for any and all payments due to third parties as a result of such publication.
TheBIGWiki.com assumes no responsibility for monitoring TheBIGWiki.com services for inappropriate conduct or content. If at any time TheBIGWiki.com chooses, in its sole discretion, to monitor TheBIGWiki.com Services, TheBIGWiki.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the Conduct of the User submitting any such Content.
If any independent reputable industry body establishes a pre-clearance procedure for Internet content or advertising, and such pre-clearance procedure is a regulatory requirement, then the member agrees (at TheBIGWiki's request) to submit all content to such organization for pre-clearance (at its cost).
Unless otherwise agreed between the parties, the member will provide all content for the wiki page in accordance with TheBIGWiki's policies. TheBIGWiki.com may specify from time to time, including without limitation such technical specifications and format guidelines as to content of wiki pages.
TheBIGWiki.com may delete or reject any content at any time, in its sole discretion and without liability to the member or others. Any posting of Content by TheBIGWiki.com or the member shall not be deemed to constitute an acceptance by TheBIGWiki.com that such content is provided in accordance with this Agreement, nor shall it constitute a waiver of TheBIGWiki's rights.
TheBIGWiki.com shall not be held responsible for any addition to, changes in, deletions from, delay in publication or withdrawal of any content required by any competent authority having jurisdiction over or responsibility for the regulation of electronic and online advertising on the Internet.
TheBIGWiki.com reserves the right to remove, delay publication, not publish, edit any content from the any wiki page or TheBIGWiki.com Website, which is found to contain unsuitable material without liability to the member or others who shall have no claim for damages or otherwise as a result of any such action. The member shall remain liable to TheBIGWiki.com for the charges payable under these terms and conditions.
If TheBIGWiki.com decides to reject any content or removes any Content from the Website then TheBIGWiki.com shall notify the member and the member shall supply alternative content in accordance with this Agreement at its own cost as soon as reasonably practical. Irrespective of whether any alternative content is supplied or accepted, TheBIGWiki.com shall be entitled to be paid in full for the wiki page or additional services purchased.
Publication of a Page
Subject to the terms and conditions the member will publish the relevant content on the Website as soon as reasonably possible.
The content, layout and format of the Website shall be subject to variation at the sole discretion of TheBIGWiki.
TheBIGWiki.com does not guarantee that the words agreed for publication with the member on the Website will be adhered to and all such decisions shall be at the sole discretion of TheBIGWiki. If a purchased wiki page is not published at all and such non-publication is solely the fault of TheBIGWiki, TheBIGWiki.com will offer an alternative publication date. If any such alternative date is not accepted, the original booking shall be cancelled and the member shall have no claim against TheBIGWiki.com in respect of non-publication or for any expenses or damage incurred as a result of such non-publication.
No protection against proximity of competitive product, or similarity to your word or content on the Website is provided or guaranteed by TheBIGWiki.
In the event of TheBIGWiki's publication of the Website being restricted, curtailed or prevented by any Law or any other act or thing beyond TheBIGWiki's control, TheBIGWiki.com may at any time, forthwith terminate this Contract in whole or in part without prejudice to TheBIGWiki's right to be paid by the wiki page buyer any monies due at the date of termination.
The Member grants TheBIGWiki.com a royalty free, non-exclusive license to use its names, trade marks and/or logos as are reasonably necessary for the purpose of enabling TheBIGWiki.com to perform its obligations under the terms and conditions.
Page content and user conduct
You understand and agree not to use TheBIGWiki.com to:
• Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
• Post content that is patently offensive, promotes racism, bigotry, hatred or physically harm of any kind against any group or individual.
• Post content that contains nudity, violence, or offensive subject matter or contains a link to an adult website.
• Use TheBIGWiki.com Service for any illegal purpose, including but not limited to conspiring to violate laws.
• Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present, upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to a) Using TheBIGWiki.com invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using TheBIGWiki.com to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
• Upload, post, email, transmit or otherwise make available 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 hardware or telecommunications equipment.
• Stalk or harass anyone.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through TheBIGWiki.com services.
• Post content in fields that aren’t intended for that content. Example: Putting an address in a name or title field.
• Interfere with or disrupt TheBIGWiki.com Service or servers or networks connected to TheBIGWiki.com Service, or disobey any requirements, procedures, policies or regulations of networks connected to TheBIGWiki.com Service.
• Edit or attempt to edit any page you do not own. Editing or attempting to edit pages you do not own can result in the loss of your pages without refund.
International Use
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside.
Information Provided on this Website
In the course of using TheBIGWiki.com Service, users may provide information about themselves which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this website). You understand that by posting materials on TheBIGWiki.com website or otherwise providing materials to TheBIGWiki, you are granting to TheBIGWiki.com Corporation a royalty-free, perpetual, irrevocable license to use this information in the course of offering TheBIGWiki.com service. Furthermore, you understand that TheBIGWiki.com retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through TheBIGWiki.com Service is the sole responsibility of the person from which such content originated and that TheBIGWiki.com will not be liable for any errors or omissions in any content. You understand that TheBIGWiki.com cannot guarantee the identity of any other users with whom you may interact in the course of using TheBIGWiki.com Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.
Access to Service
Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in TheBIGWiki.com website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
TheBIGWiki.com Communications
In the course of providing you services, TheBIGWiki.com may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of TheBIGWiki.com Service, including a series of up to five welcome emails which help inform new users about various features of TheBIGWiki.com Service. You also agree to have your name and/or email address listed in the header of certain communications that you initiate through TheBIGWiki.com Service.
Monitoring and Enforcement
While we have the right to monitor activity and content associated with TheBIGWiki.com Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don’t guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.
Indemnification
By accepting this User Agreement, you agree to indemnify and otherwise hold harmless TheBIGWiki.com Corporation, its members its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of TheBIGWiki.com Service; ii) unauthorized access to or alteration of your communications with or through TheBIGWiki.com Service, or iii) any other matter relating to TheBIGWiki.com Service. Any business transactions which may arise between users from their use of TheBIGWiki.com are the sole responsibility of the users involved.
Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that TheBIGWiki.com may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of TheBIGWiki, its users, and the public.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THEBIGWIKI.COM SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT THEBIGWIKI.COM DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. THEBIGWIKI.COM ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. THEBIGWIKI.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THEBIGWIKI.COM MAKES NO WARRANTY THAT (i) THEBIGWIKI.COM SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THEBIGWIKI.COM SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THEBIGWIKI.COM SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THEBIGWIKI.COM SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THEBIGWIKI.COM SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THEBIGWIKI.COM OR THROUGH OR FROM THEBIGWIKI.COM SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Entire Agreement
The User Agreement constitutes the entire agreement between you and TheBIGWiki.com, LLC and governs your use of TheBIGWiki.com Service, superseding any prior agreements between you and TheBIGWiki.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THEBIGWIKI.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THEBIGWIKI.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THEBIGWIKI’S TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.
Governing Law
The User Agreement between you and TheBIGWiki.com LLC will be governed by and construed in accordance with the laws of the State of Connecticut without regard to conflict of laws principles.
Miscellaneous
The section titles in this Agreement are for convenience only and have no legal or contractual effect. TheBIGWiki.com is a trademark of TheBIGWiki, LLC. This agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
TheBIGWiki.com shall not be obliged to provide a Member with any data which might enable the Member or any third party to identify any individual or individuals using or who have used the Website.
TheBIGWiki.com may from time to time at its sole discretion provide to the Member anonymous aggregated statistics relating to the performance of the Website or the relevant Members Content.
The Member shall not without the prior consent of TheBIGWiki.com claim any association with TheBIGWiki.com or use TheBIGWiki's name, mark or logo or otherwise refer to TheBIGWiki.com or its services or publish any information in connection with any content which has been published or is scheduled for publication.
Neither the Member nor any of its employees shall attempt to participate in any scheme or competition to TheBIGWiki.com offered to the general public where the Members wiki page is included as part of such scheme or competition.
TheBIGWiki.com shall have no liability for any delay in or failure to perform any or all of its obligations under this agreement, if the delay or failure arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including, without limitation, industrial disputes, nuclear accident, war or terrorist activity, acts of God, civil commotion, compliance with any law, governmental order, rule, regulation, or direction, failure of technical facilities, accident, fire, flood, storm or default of suppliers or sub-contractors.
TheBIGWiki, the TheBIGWiki.com logo, and other TheBIGWiki.com logos and names are trademarks of TheBIGWiki.com Corporation. You agree not to display or use these trademarks in any manner without TheBIGWiki’s prior, written permission. Please send any questions or comments, or report violations of the User Agreement to:
TheBIGWiki.com LLC
Attn: User Agreement Issues
1343 Sullivan Avenue South Windsor CT 06074
860-432-9331
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