Legal

BigDaikon.com Terms of Use

READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

BigDaikon.com ("BigDaikon," "we," "us") provides this Web site and all site-related services (collectively, the "Site") subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). By using the Site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the Site. This Agreement is made between BigDaikon and Site visitor and/or member ("you"). We reserve the right at any time to: Change the terms of this Agreement; Change the Site, including eliminating or discontinuing any content on or feature of the Site; or Change any fees or charges for use of the Site. Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the Site or via electronic mail. Your use of the Site after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version!

1. Code of Conduct

While using the Site and/or Software (as defined below), you agree not to: Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site; Use the Site or Software for any unlawful purpose; Express or imply that any statements you make are endorsed by us, without our prior written consent; Transmit a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies, organizations or agencies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding; Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Software; Remove any copyright, trademark, or other proprietary rights notices contained in the Site; "Frame" or "mirror" any part of the Site without our prior written authorization; Link to any page of or material on the Site other than the URL located at http://www.BigDaikon.com/; Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or Harvest or collect information about Site visitors or members without their express consent. While using the Site and/or Software, you agree to comply with all applicable laws, rules and regulations. Upon our request, you agree to sign a non-electronic version of this Agreement.

2. Registration

Although this Site does not require you to be a BigDaikon.com member, we may require registration for some areas of the site in the future. At that time, the following will apply. When and if you register to become a member , you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) to maintain and update your information (including your email address) to keep it true, accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Site. As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password and immediately notify us of the problem by emailing us at webmaster@BigDaikon.com. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

3. Third Party Services

You may order services or merchandise through BigDaikon from other persons not affiliated with BigDaikon ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. BigDaikon makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider BigDaikon nor will BigDaikon be construed as a party to such transactions, whether or not BigDaikon may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction. We reserve the right to refuse, reject and/or delete any classified ad.

4. E-Mail and E-Mail Messages

BigDaikon assumes no responsibility for the deletion of or failure to store e-mail messages.

Individuals, organizations and businesses are free to use the Site for any lawful, worthy and ethical purpose, except as limited by these Rules. The Site must not be used to solicit customers or sell products or services. Furthermore, no more than 2000 cards may be sent by any one person, organization or business in any one calendar year without prior written permission from BigDaikon. Users with "robots," "spiders," or other automated programs may visit the Site, but are prohibited from sending our electronic cards without the prior written permission of BigDaikon. We ask all Site users to use appropriate names and language in the name spaces, address spaces and other spaces (if any) provided on the Site. Users are forbidden from using false e-mail addresses. In addition, BigDaikon Site users may not send electronic greeting cards to people or other entities on mailing lists that they do not have full rights to use, nor send electronic greeting cards to people or other entities with whom they are not acquainted.

5. Submissions and Postings

Please note that, because we and our designees host message boards and other forums found on the Site (collectively, the "Forums") and therefore redistribute materials you give us, we require certain rights in those materials. Therefore, by sending or transmitting to us creative suggestions, ideas, notes, concepts, or other materials (collectively, "Materials"), or by posting such Materials to any area of the Site, you grant us and our designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. None of the Materials shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials.

6. Forums

The Forums are designed to help readers obtain information and discuss ways to make decisions. This information is sometimes provided by our staff and sometimes by other contributors, many of whom use anonymous screen names and are people not otherwise connected with BigDaikon. We recognize that while we make available a large volume of information in our Forums, people occasionally post messages or make statements that are misleading, deceptive, or downright wrong. They may do this unintentionally, or even intentionally. Therefore, treat the contributors here the same way you would treat anyone you had met for the first time, because anyone can post to our Forums - no invitation is required. We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed on the Site or Forums by third parties, whether such third parties are visitors to the Site, members of the BigDaikon community, or otherwise. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site. If you ignore our advice to independently research companies, programs, government agencies and/or industries, and choose to make a career and/or life decision based on, or take at face value, opinions found in any of the Forums, you acknowledge that you have made a conscious, willing, free, and personal decision to do so - and you have also probably made a mistake. Remember that it's YOUR responsibility to evaluate, and we cannot and do not take responsibility for, the veracity, reliability, or completeness of any opinion, advice, information, or statement available on the Site. So, please proceed with caution . . . and do your homework! The Forums are not affiliated with, or endorsed, by any companies, programs and/or government agencies described or mentioned therein. The opinions expressed in the Forums reflect solely the opinion(s) of the participants - our visitors and members - and may not reflect the opinion(s) of BigDaikon. We have no obligation to monitor the Site or the Forums, or any other materials that you or other third parties transmit or post on to the Site or the Forums. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Site and the Forums and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a Forum); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, and our members and visitors; and to comply with legal obligations or governmental requests. Everyone reading messages posted on our Forums must recognize that the messages are at least "R" rated. The messages sometimes contain profanity and strong opinions. You should not be reading our Forums if you are offended by either. On the other hand, users of the Forums must not post sexual, ethnic or racial or other discriminating slurs, or material which contains no relevant or constructive content or which goes beyond profanity into obscenity or abhorrence. Nor shall users identify individuals in a negative or derogatory fashion, unless such individuals are the High Ranking Officials of a company, agency or government or have otherwise been covered in the media. Users are also prohibited from posting any proprietary information, trade secrets or confidential information which is the property of any other individual or entity, without the permission of such individual or entity. Although BigDaikon has no obligation to do so, BigDaikon does monitor messages posted on its Forums and reserves the right to delete portions of or entire posts which violate the above rules, messages or topics that are unrelated to the specific message board on which they are posted, and advertisements, recruiting or other commercial messages. If you believe a message violates our member policies, please contact BigDaikon.com immediately at community@BigDaikon.com so that we can consider its editing or removal.

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 BigDaikon infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow BigDaikon to locate the material on the Site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send BigDaikon a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

8. Ownership and Restrictions on Use

©1999-2001 BigDaikon.com. All Rights Reserved. The Site is owned and operated by us in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site in any way, without our prior written permission, except you may download one copy of such material on any single computer for your personal, non-commercial home use only, provided you keep intact, without change, all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site. If you download any software from the Site, such software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed on a limited basis to you by us or the owner of such Software. Title to the Software is not transferred to you. You own the medium on which the Software is recorded, but we retain all right, title, and interest in and to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, or transfer the Software to any third party. "BigDaikon.com," is a trademarked. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.

9. Jurisdictional Issues

The Site is solely directed to individuals residing in the United States. We control and operate the Site from within the State of Texas, United States of America. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Software is further subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. We reserve the right to limit the availability of the Site and/or the provision of any service, program, film, or other product described thereon to any person, geographic area, or jurisdiction it so desires, at any time and in our sole discretion, and to limit the quantities of any such service, program, film, or other product that we provide.

10. Termination

This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.

11. Disclaimers

THE SITE, THE MATERIALS ON THE SITE, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, AND THE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BIGDAIKON AND ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. BIGDAIKON AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF BIGDAIKON OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE, IN THE SOFTWARE, OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. A possibility exists that the Site or Forums could include inaccuracies or errors, or materials that violate these Terms of Use (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site or Forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness. In the event that such a situation arises, please contact us at webmaster@BigDaikon.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Claims of Copyright Infringement" above.

BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, BIGDAIKON MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. BigDaikon specifically disclaims liability for direct, consequential or incidental damages arising from such advertisements. By posting a personal or classified advertisement on BigDaikon, you are promising that the content of your advertisement is true and that you will indemnify BigDaikon against any claims which may arise from your advertisements. By responding to a classified or personal advertisement on BigDaikon, you waive any claims against BigDaikon for damages arising from such advertisement or your reliance upon statements in such advertisement.

12. Limitation of Liability

NEITHER BIGDAIKON NOR ITS SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, THE SOFTWARE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE SOFTWARE, AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND/OR SOFTWARE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO BIGDAIKON 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, IF ANY, TO ACCESS THE SITE.

13. Indemnification

You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; (b) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) your violation of the Code of Conduct above; and/or (d) your activities in connection with the Site.

14. Miscellaneous

This Agreement is governed by and construed in accordance with the laws of the State of Texas, United States of America, without regards to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in the County of Travis, located in Austin, Texas, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral Agreements between us. This Agreement is not assignable, transferable or sublicensable by you except with BigDaikon's 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. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.