The Big Know, Inc.
This is a Legal Agreement.
This “Website” has a home page located at www.thebigknow.com. References to this “Website” include all related webpages as well as all associated Content, and any related application or “app.” This Website is intended and only suitable for individuals aged 17 and above. Some of the Content may not be appropriate for children. Children under the age of 13 are not permitted to use this Website. We strongly recommend that children between the ages of 13 and 17 ask for their parent’s or guardian’s permission before viewing our Website.
This Website is an interactive website offered by The Big Know, Inc., (referred to as “us,” “our,” “The Big Know, Inc.,” or similar terms). “You” means you, the person using or viewing the Website, creating an account, as well as any person who has rights through you or any person or entity on whose behalf you are using the Website.
We reserve the right to change, modify, and update these Terms at any time and you agree to be bound by those changes, modifications and updates. If you violate any of the Terms, your authorization to use our Website, all licenses granted terminate automatically, and you may be liable for additional damages. Any rights not expressly granted to you are reserved to The Big Know, Inc. or our third party licensors.
This Website is General Educational Purposes and for Fun.
All data, videos, photos, information, text, graphics, links and other material (collectively, the “Content”) is intended for your general educational and entertainment purposes. Because of the general nature of the Content, some Content may not be appropriate for you or your situation. The Content is not legal advice, medical advice, construction or building advice, or any other type of professional or licensed advice. While we hope you find the Content useful and informative, the Content is not accredited towards any degree, license or certification. You should seek your own professional advice when appropriate or any time you want advice specific to your own unique situation.
Rules for Using and Posting on The Big Know, Inc.
- You agree that in your use of the Website, including those portions that include a social element or communications tool:
- You will not post, upload, transmit or link to (collectively, “Post”) any material that violates any law or regulation.
- You will not Post any material, websites or other information or content that is defamatory, false, obscene, vulgar, offensive, violent, abusive, threatening, harassing, discriminatory, or an expression of political or hate speech.
- You will only Post materials (including photos, audio or video) for which you own the copyright (for example, you took the photo yourself) or that are in the public domain. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights.
- You are responsible for all Postings or other activity performed using your username and password.
- You will not Post any software or other material which contains a virus or other harmful code or device. You will not take any action designed to interfere with or disrupt the operation of the Website.
- If you choose to Post items, such material, information, photographs and other information you post in these public or group areas is available to the other individuals using the Website and we do not warrant, guarantee or otherwise take steps to prevent other users from copying, displaying, uploading, transmitting or otherwise using your material, information, photographs or other information. Always use caution in Posting personally identifying information, as these postings will be deemed public and non-confidential.
- You will not impersonate any other person or use a false identity.
- You will not attempt to access any account or information of any person other than yourself.
- You will not Post personal or private information regarding anyone other than yourself (for example, you will not Post a telephone number, financial information or address information regarding another person or a picture of another person).
- You will not solicit other users, or distribute advertising, for products or services through the Website, distribute chain letters or messages, mass mailings or bulk email or other bulk messages, or gather email addresses or other contact information for the purpose of sending bulk email or other messages.
We May Use Your Postings.
All information, photos, videos, chat, or other information Posted by you on The Big Know, Inc. is referred to as “Your Materials”. You continue to own the rights to Your Materials. However, when you Post Your Materials, you give us a perpetual, worldwide, non-exclusive, transferable, sub-licensable, royalty-free, license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute Your Materials. For example, we may include an image Posted by you in an advertisement, as an example of creative work done through The Big Know, Inc.. This license continues even if you stop using the Website Services and this Agreement terminates. Some aspects of the Service may provide an opportunity to remove or delete some or all of Your Materials, however you understand and agree that such features may not be effective. For the sake of clarity, you will not receive any compensation, fee or royalty of any kind for the use of Your Materials as permitted by the license above. Some specific sections of the Website may include additional detail or choice for you regarding whether we may publicize Your Materials that you Post, and in such cases the additional choices or details for such item will control.
Content May Be Sponsored. No Endorsement.
The courses or other Content appearing on The Big Know, Inc. may be developed and/or sponsored by our third party partners. (References to “partners” include those third party business entities also involved with the operation of the Website such as our customers and some third party vendors. These entities are not our partners in the traditional legal sense of a partnership entity.) Portions of the Content may be deemed paid advertising on behalf of our third party customers. Except for information, products or services clearly and specifically identified as being endorsed by The Big Know, Inc., The Big Know, Inc. does not endorse any products or services appearing on this Website or other Websites link to or from it. Mere inclusion of a product or service on this Website does not constitute an endorsement by The Big Know, Inc..
Disclaimer: We Provide General Access for Free, So We Disclaim Liability.
All access to this Website is voluntary and at your own risk. Because information changes rapidly, The Big Know, Inc. does not warrant the accuracy of any Content. While we strive to present timely and accurate information, we make no representation that the Content is free of errors or omissions that may be considered material. The Big Know, Inc. does not warrant the completeness or correctness, timeliness, or usefulness of any opinions, advice, services, merchandise or other materials provided through the Website. The Big Know, Inc. is not liable for any decision made or action taken or omission made in reliance upon the Content.
Certain portions of The Big Know, Inc. may permit other users to post images, messages, comments, or other content. Any such item is only the opinion of the poster, is no substitute for your own research, and should not be relied upon for any purpose. The Big Know, Inc. does not endorse or warrant any such user-postings and has no liability for any such user-postings. We may, but are under no obligation, to monitor such user postings, and we may remove any user-postings for any reason, at our discretion.
All Content is provided on an “as is” and as-available basis without warranty of any kind, express or implied, including, without limitation, warranties of title or noninfringement or the implied warranties of merchantability or fitness for a particular purpose. The Big Know, Inc. does not warrant that the use of this Site will be uninterrupted and cannot guarantee that this Site is free from viruses or other contaminants that may damage your computer or its data. The Big Know, Inc. may discontinue or modify all or a portion of this Site at any time without notice.
Remedies and Limitation of Liability.
You agree to defend, indemnify, and hold harmless The Big Know, Inc., our vendors and advertisers, and all of their subsidiaries, affiliates, officers, directors, employees, and agents (collectively, the “Website-Related-Parties”) from any claim, demand, or damage, including reasonable attorneys' fees, arising out of or related to your breach of these Terms or your use or misuse of the Content or Website.
YOU AGREE THAT NONE OF THE WEBSITE-RELATED-PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED THE AMOUNT YOU PAID TO THE BIG KNOW, INC. SPECIFICALLY FOR THE USE OF THE WEBSITE. THIS LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME JURISDICTIONS. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR CONTENT ARE EXCLUDED EVEN IF THE WEBSITE-RELATED-PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR USE THIS SITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
IF YOU PURCHASE AN ITEM FROM A THIRD PARTY THROUGH OR LINKED TO THIS SITE, YOU AGREE THAT FOR ANY DEFECT OR ISSUE WITH SUCH ITEM, YOU WILL SEEK A REMEDY SOLELY AND EXCLUSIVELY FROM SUCH THIRD PARTY, AND NOT FROM THE BIG KNOW, INC.
Copyright Notice. Copying from The Big Know, Inc.
© 2016 The Big Know, Inc. All Rights Reserved.
This Website is owned and operated by The Big Know, Inc. with the help of its agents, vendors, and/or partners. The entire contents and design of the Site are protected by U.S. and international copyright and other law. All rights regarding the Website and the Content are either owned by The Big Know, Inc., are licensed to it, or are used with permission. The Big Know, Inc. and its licensors retain and reserve all proprietary rights to the Content and the Website.You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from The Big Know, Inc. You may link to, view, download, use, display and print a single copy of the Content only for personal, noncommercial and informational purposes as long as: (1) you do not alter or modify the Content in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers. All such copies must include, at a minimum, the following copyright notice: “© 2016 The Big Know, Inc. All rights reserved.” Any other use of the Website or Content is strictly prohibited.
We May Terminate or Suspend Your Access.
The Big Know, Inc. may terminate the above license, at any time for any reason. We may also terminate or suspend your account and ability to access The Big Know, Inc. at any time for any reason or no reason. If you breach any of these Terms your license terminates immediately and automatically and without notice. Upon the termination of this license you must stop using this Site, including all Content, and return or destroy all copies, including electronic copies, of the content in your possession or control.
We May Change the Site.
The Big Know, Inc. also reserves the right, at any time, at our own discretion to: (1) Change, add or remove portions of these Terms; (2) Change or discontinue the Site in whole or in part, including eliminating or discontinuing any Content on or feature of the Site; (3) Change any prices or fees appearing on or associated with the Site or for any products or services offered for sale or otherwise available on the Site; (4) Refuse or cancel any order, at our sole discretion, for any reason, including but not limited to pricing changes or pricing errors (an order is not “accepted” by us until it is shipped or fulfilled); (5) Terminate or restrict any user or account or user for any reason, at our sole discretion.
Copyright Infringement – DMCA Notice.
The Digital Millennium Copyright Act (the “DMCA”) provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that Content or material on this Site infringes a valid copyright owned by you, you (or your agent) may send The Big Know, Inc. a notice requesting that the material be removed, or access to it blocked. This request should be sent to: firstname.lastname@example.org or to: The Big Know, Inc., Attn: Copyright Legal Notice, 110 N. 5th Street Suite 520, Minneapolis, MN 55403, USA.
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; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address 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 us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Website should be sent to the address above.
Trademarks, names and logos, and all related product and service names, design marks and slogans appearing on the Website are the trademarks or service marks of The Big Know, Inc., our vendors or customers. All rights are reserved. You are not authorized to use any such trademark in any advertisement, publicity or in any other commercial manner without prior written consent of The Big Know, Inc. or the applicable trademark owner.
Jurisdiction and Venue.
This Website is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction other than Minnesota, USA. This Website is a service provided by The Big Know, Inc. and does not constitute any contact with any jurisdiction outside the State of Minnesota. Use of this Website is prohibited in any jurisdiction having laws that would void these Terms in whole or essential part or which makes accessing the Website illegal. The essential parts of this Agreement include, without limitation, the exclusive venue and exclusive remedy provisions, warranty disclaimers, and limitation of liability.
This Agreement is entered into and performed in the State of Minnesota, United States of America. It is governed by and shall be construed under the laws of Minnesota, exclusive of any choice of law or conflict of laws provisions. In any claim or action directly or indirectly arising under this Agreement or related to the Website, The Big Know, Inc. and you irrevocably submits to the personal jurisdiction of the Minnesota State District Court sitting in Hennepin County, Minnesota or of the United States Court for the District of Minnesota, and agrees to bring any claim related to the Website in such courts. Each party waives any jurisdictional, venue or inconvenient forum objections to these courts.
As part of the registration / account creation process for this Website you will select a user name and password. You are responsible for keeping this information confidential, and you agree that you are responsible for any actions taken by any person to whom you have provided your user name and password.
Privacy and Security.
While we take certain measures designed to protect the confidentiality of your information, due to the nature of the Internet we cannot and do not guarantee that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on the server and view your information. By submitting information to The Big Know, Inc., you agree that you are aware of these risks. If you do not wish to submit your information electronically, do not do so, however in such case you may not be able to make use of the full functionality of this Website. You agree that The Big Know, Inc. is not responsible for any consequence of illegal or unauthorized acts by third parties, including but not limited to hacking or similar crimes.
Links to Other Websites.
You may not assign any rights or obligations under these Terms. The Big Know, Inc. may assign all or part of these Terms.
You agree that any use of this Site that is not explicitly authorized is a breach of contract, unauthorized access of a protected computer, and violation of The Big Know, Inc.’s intellectual property rights including copyright rights, in addition to any and all other claims The Big Know, Inc. may have against you.
Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Site, you agree to inform us in writing and to give us thirty (30) days to cure the harm before initiating any legal action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.
All sections of these Terms which, by their nature are designed to survive expiration or termination of this Agreement, shall survive, including but not limited to: Remedies and Limitation of Liability, Jurisdiction and Venue, and General Rules. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
If any of the provisions of these Terms are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of these Terms to retain its full force and effect. These Terms constitute the entire agreement between you and The Big Know, Inc. applicable to this subject matter. If you enter into any other agreement with us, for example by entering a contest or purchasing products online, then the terms applicable to those programs or activities are in addition to these Terms.
You may contact The Big Know, Inc. at email@example.com
The Effective Date of these Terms is July 1, 2014.