THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
The contents of the BigsPlace Site, such
as text, graphics, images, information obtained from BigsPlace's
licensors, and other material contained on the BigsPlace
Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical
advice, diagnosis, or treatment. Always seek the advice of your physician or
other qualified health provider with any questions you may have regarding a
medical condition. Never disregard professional medical advice or delay in
seeking it because of something you have read on the BigsPlace
Site!
If you think you may have a medical emergency, call your doctor or
911 immediately. BigsPlace does not recommend or
endorse any specific tests, physicians, products, procedures, opinions, or
other information that may be mentioned on the Site.
Reliance on any information provided by BigsPlace, BigsPlace employees, others appearing on the Site at the
invitation of BigsPlace, or other visitors to the
Site is solely at your own risk.
The Site may contain health- or medical-related materials that are
sexually explicit. If you find these materials offensive, you may not want to
use our Site.
CHILDREN'S PRIVACY.
We are committed to protecting the privacy of children. You should
be aware that this Site is not intended or designed to
attract children under the age of 13. We do not collect personally
identifiable information from any person we actually know is a child under the
age of 13.
USE OF CONTENT.
BigsPlace authorizes you to view or download a
single copy of the material on the BigsPlace Site
solely for your personal, noncommercial use if you include the following
copyright notice: "Copyright (c) 2002 - 2003, BigsPlace. All rights reserved" and other copyright
and proprietary rights notices that are contained in the Content. Any special
rules for the use of certain software and other items accessible on the BigsPlace Site may be included elsewhere within the Site
and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright
under both
If you violate any of these Terms and Conditions, your permission
to use the Content automatically terminates and you must immediately destroy
any copies you have made of any portion of the Content.
LIABILITY OF BIGSPLACE AND ITS LICENSORS.
The use of the BigsPlace Site and the
Content is at your own risk.
When using the BigsPlace Site,
information will be transmitted over a medium that may
be beyond the control and jurisdiction of BigsPlace
and its suppliers. Accordingly, BigsPlace assumes no
liability for or relating to the delay, failure, interruption, or corruption of
any data or other information transmitted in connection with use of the BigsPlace Site.
The BigsPlace Site and the content are provided on an "as is" basis. BigsPlace, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL
WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF
THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the
foregoing, BigsPlace, its licensors, and its
suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, currentness,
or timeliness of the Content, software, text, graphics, links, or
communications provided on or through the use of the BigsPlace
Site or BigsPlace.
2. The satisfaction of any government regulations requiring
disclosure of information on prescription drug products or the approval or
compliance of any software tools with regard to the Content contained on the BigsPlace Site.
In no event shall BigsPlace,
its licensors, its suppliers, or any third parties mentioned on the BigsPlace Site be liable for any damages (including,
without limitation, incidental and consequential damages, personal
injury/wrongful death, lost profits, or damages resulting from lost data or
business interruption) resulting from the use of or inability to use the BigsPlace Site or the Content, whether based on warranty,
contract, tort, or any other legal theory, and whether or not BigsPlace is advised of the possibility of such damages. BigsPlace
is not liable for any personal injury, including death, caused by your use or
misuse of the Site, Content, or Public Areas (as defined below). Any claims
arising in connection with your use of the Site, any Content, or the Public
Areas must be brought within one (1) year of the date of the event giving rise
to such action occurred. Remedies under these Terms and Conditions are
exclusive and are limited to those expressly provided for in these Terms and
Conditions.
USER SUBMISSIONS.
You agree that you will not upload or transmit any communications
or content of any type to the Public Areas (including message boards, etc.)
that infringe or violate any rights of any party. By submitting communications
or content to the Public Areas, you agree that such submission is
non-confidential for all purposes.
If you make any such submission, You agree
that you will not send or transmit to BigsPlace by
email, (including through the email addresses listed on the "Contact
Us" link) any communication or content that infringes or violates any
rights of any party. If you submit any business information, idea, concept or
invention to BigsPlace by email, you agree such
submission is non-confidential for all purposes.
If you make any submission to a Public Area or if
you submit any business information, idea, concept or invention to BigsPlace by email, you automatically grant--or warrant
that the owner of such content or intellectual property has expressly granted--BigsPlace a royalty-free, perpetual, irrevocable,
world-wide nonexclusive license to use, reproduce, create derivative works
from, modify, publish, edit, translate, distribute, perform, and display the
communication or content in any media or medium, or any form, format, or forum
now known or hereafter developed. If you wish to keep any business information,
ideas, concepts or inventions private or proprietary, do not submit them to the
Public Areas or to BigsPlace by email. We try to
answer every email in a timely manner, but are not always able to do so.
BIGSPLACE FORUMS ("PUBLIC AREAS").
If you use a Public Area, such as a chat room, bulletin board or
other member communities, you are solely responsible for your own
communications, the consequences of posting those communications, and your
reliance on any communications found in the Public Areas. BigsPlace
is not responsible for the consequences of any communications in the Public
Areas. In cases where you feel threatened or believe someone else is in danger,
you should contact your local law enforcement agency immediately. If you think
you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use
the Public Areas, you agree that the following actions shall constitute a
material breach of these Terms and Conditions:
Using a Public Area for any purpose in violation of local, state,
national, or international laws;
Posting material that infringes on the intellectual property rights
of others or on the privacy or publicity rights of others;
Posting material that is unlawful, obscene, defamatory,
threatening, harassing, abusive, slanderous, hateful, or embarrassing to any
other person or entity as determined by BigsPlace in
its sole discretion;
Posting advertisements or solicitations of business;
After receiving a warning, continuing to disrupt the normal flow of
dialogue, or posting comments that are not related to the topic being discussed
(unless it is clear the discussion is free-form);
Posting chain letters or pyramid schemes;
Impersonating another person;
Distributing viruses or other harmful computer code;
Harvesting or otherwise collecting information about others,
including email addresses, without their identification for posting or viewing
comments; consent;
Allowing any other person or entity to use your identification for
posting or viewing comments
Posting the same note more than once or "spamming"; or
Engaging in any other conduct that restricts or inhibits any other
person from using or enjoying the Public Area or the Site, or which, in the
judgment of BigsPlace, exposes BigsPlace
or any of its customers or suppliers to any liability or detriment of any type.
BigsPlace reserves the right (but is not obligated)
to do any or all of the following:
Record the dialogue in public chat rooms.
Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine
in its sole discretion to remove or request the removal of the
communication(s).
Remove communications which are abusive, illegal, or disruptive, or
that otherwise fail to conform with these Terms and Conditions.
Terminate a user's access to any or all Public Areas and/or the BigsPlace Site upon any breach of these Terms and
Conditions.
Monitor, edit, or disclose any communication in the Public Areas.
Edit or delete any communication(s) posted on the BigsPlace Site, regardless of whether such communication(s)
violate these standards.
BigsPlace reserves the right to take any action it deems
necessary to protect the personal safety of our guests or the public. BigsPlace has no liability or responsibility to users of
the BigsPlace Site or any other person or entity for
performance or nonperformance of the aforementioned activities.
ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES.
BigsPlace may provide links to third-party web
sites. BigsPlace does not accept advertising from
third parties, nor does it receive compensation for any form of advertising,
including, but not limited to, Banner Ads. BigsPlace
does not recommend and does not endorse the content on any third-party
websites. BigsPlace is not responsible for the
content of linked third-party sites, sites framed
within the BigsPlace Site, or third-party sites
provided as search results, and does not make any representations regarding
their content or accuracy. Your use of third-party websites is at your own risk
and subject to the terms and conditions of use for such sites. BigsPlace does not endorse any product referenced on the BigsPlace Site.
INDEMNITY.
You agree to defend, indemnify, and hold BigsPlace,
its officers, directors, employees, agents and suppliers, harmless from and
against any claims, actions or demands, liabilities and settlements including
without limitation, reasonable legal and accounting fees, resulting from, or
alleged to result from, your violation of these Terms and Conditions.
GENERAL.
BigsPlace is based in Boca
Raton, Florida, in the United States of America. BigsPlace
makes no claims that the Content is appropriate or may be
downloaded outside of the United States. Access to the Content may not
be legal by certain persons or in certain countries. If you access the BigsPlace Site from outside the United States, you do so at
your own risk and are responsible for compliance with the laws of your
jurisdiction. The following provisions survive the expiration or termination of
these Terms and Conditions for any reason whatsoever: Liability, User
Submissions, Indemnity, Jurisdiction, and Complete Agreement.
JURISDICTION.
You expressly agree that exclusive jurisdiction for any dispute
with BigsPlace, or in any way relating to your use of
the BigsPlace Site, resides in the courts of the
State of Florida and you further agree and expressly consent to the exercise of
personal jurisdiction in the courts of the State of Florida in connection with
any such dispute including any claim involving BigsPlace
or its affiliates, subsidiaries, employees, contractors, officers, directors,
telecommunication providers, and content providers.
These Terms and Conditions are governed by
the internal substantive laws of the State of Florida, without respect to its
conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms and Conditions, which shall remain in
full force and effect. No waiver of any of these Terms and Conditions shall be
deemed a further or continuing waiver of such term or condition or any other
term or condition.
COMPLETE AGREEMENT.
Except as expressly provided in a particular "legal
notice" on the BigsPlace Site, these Terms and
Conditions and the BigsPlace Privacy Policy
constitute the entire agreement between you and BigsPlace
with respect to the use of the BigsPlace Site, and
Content.
Thank you for your cooperation. We hope you find the BigsPlace Site helpful and convenient to use! Questions or
comments regarding this website, including any reports of non-functioning
links, should be directed by electronic mail to
admin@BigsPlace.net. We try to answer every email in a timely manner but are
not always able to do so.
© 2002 BigsPlace. All rights reserved.