Terms and Conditions
1. Your Acceptance
A. By using and/or visiting this website (collectively, including all Content available through the thebiggiftlist.com domain name, the "The Big Gift List Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) The Big Gift List's privacy notice, found at http://www.thebiggiftlist.com/privacy and incorporated here by reference, and (3) thebiggiftlist's Community Guidelines, found at http://www.thebiggiftlist.com/community-guidelines and also incorporated here by reference. If you do not agree to any of these terms, the The Big Gift List privacy notice, or the Community Guidelines, please do not use the The Big Gift List Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.thebiggiftlist.com/terms.php. The Big Gift List may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. The Big Gift List Website
A. These Terms of Service apply to all users of the The Big Gift List Website, including users who are also contributors of information, and other materials or services on the Website.
B. The The Big Gift List Website may contain links to third party websites that are not owned or controlled by thebiggiftlist. thebiggiftlist has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, thebiggiftlist will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve thebiggiftlist from any and all liability arising from your use of any third-party website.
3. thebiggiftlist Accounts
A. In order to access some features of the Website, you will have to create a thebiggiftlist account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify thebiggiftlist immediately of any breach of security or unauthorised use of your account.
B. Although thebiggiftlist will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of thebiggiftlist or others due to such unauthorised use.
4. General Use of the Website -- Permissions and Restrictions
thebiggiftlist hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without thebiggiftlist's prior written authorisation.
B. You agree not to alter or modify any part of the Website.
C. You agree not to access User Submissions (defined below) or thebiggiftlist Content through any technology or means other than the Website itself, or other explicitly authorised means thebiggiftlist may designate.
D. You agree not to use the Website without the prior written authorisation of thebiggiftlist.
E. You will otherwise comply with the terms and conditions of these Terms of Service, thebiggiftlist Community Guidelines, and all applicable local, national, and international laws and regulations.
F. thebiggiftlist reserves the right to discontinue any aspect of the thebiggiftlist Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the thebiggiftlist Website.
A. The content on the thebiggiftlist Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to thebiggiftlist, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. thebiggiftlist reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
* for your information and personal use;
* as intended through the normal functionality of the thebiggiftlist Service
C. User lists are made available to you for your information and personal use solely as intended through the normal functionality of the thebiggiftlist Service. User lists are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the thebiggiftlist Service or otherwise as prohibited under this Agreement.
D. You may access thebiggiftlist Content, User Submissions and other content only as permitted under this Agreement. thebiggiftlist reserves all rights not expressly granted in and to the thebiggiftlist Content and the thebiggiftlist Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the thebiggiftlist Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the thebiggiftlist Website or the Content therein.
G. You understand that when using the thebiggiftlist Website, you will be exposed to User Submissions from a variety of sources, and that thebiggiftlist is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against thebiggiftlist with respect thereto, and agree to indemnify and hold thebiggiftlist, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
A. As a thebiggiftlist account holder you may submit image content ("User Images") and textual content ("User Content"). User Images and User Content are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, thebiggiftlist does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize thebiggiftlist to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. thebiggiftlist does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and thebiggiftlist expressly disclaims any and all liability in connection with User Submissions. thebiggiftlist does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and thebiggiftlist will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. thebiggiftlist reserves the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
A. thebiggiftlist will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. thebiggiftlist reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. thebiggiftlist may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
8. Digital Millenium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
* A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
* Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
* Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
* A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
* A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
* Your physical or electronic signature;
* Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
* A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
* Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the law courts in the United Kingdom, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, thebiggiftlist may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at thebiggiftlist's sole discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE THEBIGGIFTLIST WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, thebiggiftlist, IT'S OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THEBIGGIFTLIST MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNUATHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE THEBIGGIFTLIST WEBSITE. THEBIGGIFTLIST DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE THEBIGGIFTLIST WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THEBIGGIFTLIST WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL THEBIGGIFTLIST, IT'S OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE thebiggiftlist WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THEBIGGIFTLIST SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by thebiggiftlist from its facilities in the United Kingdom. thebiggiftlist makes no representations that the thebiggiftlist Website is appropriate or available for use in other locations. Those who access or use the thebiggiftlist Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless thebiggiftlist, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the thebiggiftlist Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the thebiggiftlist Website.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the thebiggiftlist Website is not intended for children under 13. If you are under 13 years of age, then please do not use the thebiggiftlist Website there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by thebiggiftlist without restriction.
You agree that: (i) the thebiggiftlist Website shall be deemed solely based in the UK; and (ii) the thebiggiftlist Website shall be deemed a passive website that does not give rise to personal jurisdiction over thebiggiftlist, either specific or general, in jurisdictions other than the UK. These Terms of Service shall be governed by the internal substantive laws of the United Kingdom, without respect to its conflict of laws principles. Any claim or dispute between you and thebiggiftlist that arises in whole or in part from the thebiggiftlist Website shall be decided exclusively by a court of competent jurisdiction located in the United Kingdom. These Terms of Service, together with the Privacy Notice at http://www.thebiggiftlist.com/privacy and any other legal notices published by thebiggiftlist on the Website, shall constitute the entire agreement between you and thebiggiftlist concerning the thebiggiftlist Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and thebiggiftlist's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. thebiggiftlist reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the thebiggiftlist Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND THEBIGGIFTLIST AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE THEBIGGIFTLIST WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15. FOR THE AVOIDANCE OF DOUBT THEBIGGIFTLIST RESERVE THE RIGHT TO REMOVE OR EDIT ANY AND ALL CONTENT OR SUBMISSIONS MADE TO THEBIGGIFTLIST AT ANYTIME AND FOR WHATEVER REASON THEY DEEM NECASSARY WITHOUT THE PERMISSION OR PRIOR NOTIFICATION TO THE REGISTERED USER.