Last Updated August 11, 2017
Big Tester, INC.
If you and Big Tester have entered into a separate agreement with respect to your use of products or services provided through the Site, the terms and conditions of such agreement will govern your use of such products or services.
The Site allows users to learn more about Big Tester’s products and services. The Site may also allow you to participate in forums as well as promotions, special offers or contests. To access these features, you may have to complete an online registration form. You agree that all information submitted by you (“Registration Information”) will be accurate and complete, and that you will update your Registration Information to keep this information accurate and complete.
All users of the Site are subject to basic rules of good conduct while using the Site. By using the Site you agree to: (a) refrain from violating applicable federal, state and international laws; (b) refrain from using the Site to send unsolicited e-mails, bulk mail, spam or other materials to other users of the Site or any other individual; (c) refrain from using the Site to harass, threaten, stalk or abuse other users of the Site; (d) refrain from using the Site to harm minors; (e) refrain from interfering with others’ use of the Site; (f) refrain from using the Site to invade the privacy of others, or to collect or use an individual’s personal and private information or to gain or attempt to gain unauthorized access to other computer systems via the Site; (g) refrain from using the Site to create a false identity or to impersonate another person; and (h) refrain from using the Site to advertise Internet sites or products of services which are competitive to those offered by Big Tester. The foregoing rules set the minimum level of conduct that we expect at the Site. We also ask that you use common sense and be considerate towards other users. We reserve the right, in our sole discretion, to suspend or terminate your right to use the Site, if you violate the aforementioned rules of conduct or engage in other conduct we deem offensive
COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY.
All material contained on the Site, including, but not limited to graphics, images, logos, articles, videos, audio and digital clips, photographs and illustrations are the property of Big Tester, users of the Site or third parties and is protected by Canada and international laws. When you download material from the Site, Big Tester and our third party licensors grant you a license to use the material for your personal, noncommercial use only. Such material may not be further copied, reproduced, published, transmitted, or distributed in any way. You agree to (a) abide by all copyright notices, trademark legends, author attributions, and other proprietary notices on such materials, (b) make no modifications to such materials, and (c) not download quantities of such materials to a database that can be used to avoid future downloads from the Site. Except as may be permitted by law, you are required to obtain permission from the copyright owner before reusing any copyrighted material on the Site. You acknowledge that you do not acquire any ownership rights in materials downloaded from the Site.
As part of your use of the Site, you may be permitted to upload, post, distribute or disseminate (collectively, “post”) images, videos, files, data, information and other content and material (the “Posted Content”) on the Site. You hereby grant Big Tester an irrevocable, nonexclusive, transferable, royalty-free worldwide right (including any moral rights) and license to use the Posted Content (a) on the Site, (b) to promote and advertise the Site and Big Tester’s products and services and (c) as part of the Big Tester products and services to the extent such Posted Content constitutes feedback or suggestions on how to improve Big Tester’s products or services. In connection with these activities, you agree that Big Tester has the right to copy, cache, modify, publish, display, distribute, sublicense, translate, create derivative works from, and store the Posted Content, regardless of the medium, technology, or form in which it is used. You also warrant that if you are not the owner of the Posted Content, the owner of the Posted Content has validly and irrevocably granted you the right to grant the license stated above.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of your Posted Content. You agree that you will not post any false, inaccurate or incomplete material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following: (a) post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner’s permission (including requisite consents and releases) to post it; (b) post any material that reveals a trade secret, unless you own the trade secret or have the owner’s permission to post it; (c) post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another; (d) post any material that is unlawful, obscene, indecent, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or to any other person or entity; (e) post any chain letter or pyramid scheme; or (f) post any material that contains a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
Big Tester does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content posted by other users will be at your own risk. Big Tester does not confirm that each user is who he or she claims to be. While we exercise a considerable effort to protect Posted Content from being misused, misuse can occur, and, if misuse of your Posted Content does occur, you agree to hold Big Tester (and its affiliates, directors, officers, employees, representatives, agents and partners (collectively “Related Parties”)) harmless from any claim arising out of or in any way connected with such misuse. Because Big Tester is not involved in user-to-user dealings and does not control the behavior of users on the Site, in the event that you have a dispute with one or more users, you agree to hold Big Tester and its Related Parties harmless from and against any claim arising out of or in any way connected with such dispute.
PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT.
Big Tester respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and Big Tester asks users of the Site to do the same. Infringing activity will not be tolerated on or through the Site.
Notification of Claimed Infringement. If you believe that any Posted Content made available on or through the Site has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to Big Tester’s Designated Agent identified below. Your communication must include substantially the following: (a) a description of the copyrighted work that you claim has been infringed, (b) a description of where the alleged infringing material is located on the Site, (c) your address, telephone number and email address, (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement under the Copyright Act.
Designated Agent Contact Information. Big Tester’s Designated Agent for notices of claimed infringement can be contacted at legal @ BigTester.com or Big Tester, Inc., 100 South Murphy Avenue, Suite 200, Sunnyvale, CA 94068, Attn: Legal.
Counter Notification. If you receive a notification from Big Tester that material made available by you on or through the Site has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Big Tester with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Big Tester’s Designated Agent through one of the methods identified above, and include substantially the following information: (a) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled, (b) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, (c) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the Canada, for any judicial district in which Big Tester may be found, and that you will accept service of process from the person who provided the Notification of Claimed Infringement or an agent of such person and (d) your physical or electronic signature. You should consult a lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid counter notification under the Copyright Act.
False Notifications of Claimed Infringement or Counter Notifications. Big Tester reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law. For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this section should be sent to the Designated Agent. Any other comments, compliments, complaints or suggestions about Big Tester, the operation of the Site or any other matter should be sent to support @ BigTester.com.
THIRD PARTY WEBSITES.
Users of the Site may have the opportunity to visit, or link to, other sites not operated by Big Tester (a “Third Party Site”). Third Party Sites are not within the supervision or control of Big Tester. A link to a Third Party Site from the Site does not constitute an endorsement of the products or services offered on such site. Big Tester makes no representation or warranty regarding any Third Party Site. Big Tester has not taken any steps to confirm the accuracy or reliability of any of the information contained on any Third Party Site and disclaims all responsibility and liability therefor. Big Tester does not make any representation or warranty as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to a Third Party Site, and you hereby irrevocably waive any claim against Big Tester and its Related Parties with respect to such site.
DISCLAIMER OF WARRANTIES.
THE SITE AND THE CONTENT PROVIDED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” BASIS. Big Tester DOES NOT REPRESENT OR WARRANT THAT THE CONTENT PROVIDED OR THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY STATED HEREIN, Big Tester MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE OR ANY CONTENT PROVIDED ON THE SITE. USE OF THE SITE IS AT YOUR OWN RISK. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT ALLOWED BY LAW.
TO THE FULLEST EXTENT ALLOWED BY LAW, Big Tester DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE SITE. BY USING THE SITE, YOU ACKNOWLEDGE THAT Big Tester IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (A) USE OF THE SITE; (B) DOWNLOADING MATERIAL FROM THE SITE; OR (C) EMAILS SENT FROM THE SITE, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM. YOU FURTHER ACKNOWLEDGE THAT Big Tester DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS THAT THE RESULTS OBTAINED FROM USE OF THE SITE WILL MEET YOUR EXPECTATIONS OR WILL BE SATISFACTORY IN ANY WAY.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE AFOREMENTIONED DISCLAIMERS, RELATED TO IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION ON LIABILITY.
TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER Big Tester NOR ITS RELATED PARTIES SHALL BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER THAT RESULT FROM USE OF THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES; (B) DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES; (C) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF SITE, ERRORS OR OMISSIONS; (D) DAMAGES RELATED TO DOWNLOADING INFORMATION, POSTING INFORMATION OR SENDING OR RECEIVING E-MAILS; AND (E) DAMAGES RESULTING FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CONTAMINATION OR DESTRUCTIVE PROGRAMS.
THE AGGREGATE LIABILITY OF Big Tester AND ITS RELATED PARTIES SHALL BE LIMITED TO US $100.00 IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES.
MODIFICATION OF TERMS.