Membership - BigUniverse.com

BIG UNIVERSE TERMS OF USE

Last Updated: February, 2008.

Welcome to BigUniverse.com, an online community provided by Big Universe, Inc. ("Big Universe," "we," "us," or "our") where kids, parents, teachers, publishers, authors, illustrators, bloggers and others come together to explore the exciting world of online children�s books including the ability to view books online, use a self-publishing tool to create and publish books, view and participate in blogs on relevant topics, and access resources for global awareness ("Services").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THIS SITE OR USING THE SERVICES. By accessing this site or using the Services, you are agreeing to these Terms of Use ("Terms of Use," "Terms," or "Agreement").  If you do not agree to these Terms, please exit this site immediately and, in the future, refrain from accessing this site or using the Services. 

We may modify or amend these Terms from time to time in which case we will notify you by either prominently posting a notice of such changes on our website or by directly sending  you a notification.  Your continued use of this site after such changes have been made indicate your agreement to comply with the modified Terms.  Because these Terms create a binding agreement between you and Big Universe, we recommend that you bookmark this page and refer to it often to ensure you are in compliance therewith.

These Terms include Big Universe's Privacy Policy, which is incorporated here by reference and also governs your use of this site.
    
Eligibility to Accept the Terms
You affirm that  you are at least 18 years of age, an emancipated minor, or posses legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms.
Accessing the Site and Using the Services

This site is owned by Big Universe or, in the case of certain features, its third-party providers. You may access this site, use the Services, and view the material thereon.  You may download one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.  NOTWITHSTANDING THE FOREGOING, YOU MAY NOT DISTRIBUTE OR DOWNLOAD ANY CLIP ART (IN WHOLE OR IN PART AND WHETHER OR NOT SUCH CLIP ART IS A PART OF A BOOK OTHERWISE CREATED BY YOU) ACCESSED THROUGH THE PUBLISHER TOOLS.  Unless otherwise expressly provided, the contents of this site are the property of Big Universe and its providers and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. No material from BigUniverse.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except as expressly provided herein. Modification or use of the materials for any other purpose is a violation of Big Universe's copyright, trademark, and trade secret rights and others' proprietary rights as well as a breach of this Agreement. The use of any such material on any other website or networked computer environment is prohibited.  ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THIS AGREEMENT ARE RESERVED BY BIG UNIVERSE AND ITS PROVIDERS.                                
                                                                                            
In the event you download software from the site, the software including any files, images incorporated in or generated by the software and data accompanying the Software (together, the "Software") are licensed to you by Big Universe. Big Universe does not transfer title to the Software to you. As between you and Big Universe, Big Universe retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.
User Generated Content

This site, among other things, may let you view and contribute content in and to chat rooms, blogs, and other features and tools. By submitting content to this site via message boards, chat rooms, blogs, or any other features or tools of the site ("Content") you grant Big Universe a non-exclusive, worldwide, transferable (whether by assignment or sublicense) fully paid up, royalty-free, irrevocable right to reproduce, prepare derivative works based upon, distribute copies or phonorecords of, perform, and display such Content in print, digital, or other form or media now known or hereafter devised or discovered in connection with the Services including any advertising or marketing thereof.  Nothing herein will obligate Big Universe to exercise the rights granted here.  The above licenses granted by you in and to such Content terminate within a commercially reasonable time after you remove or delete (or after Big Universe removes or deletes) the Content from the site ("Term").  You understand and agree, however, that Big Universe: (a) may retain the Content after the Term for archival purposes and (b) will have no obligation to remove Content that has been distributed or printed during the Term pursuant to these Terms of Use aside from removing the Content from the site. 

If you use our publishing tool to create and publish children�s books you are subject to the terms of our Publisher�s Agreement and such agreement is incorporated herein by reference.

USER CONDUCT                                                                           
While using this site, you may not:

* engage in derogatory, harmful or unlawful conduct; 
* upload to, distribute through, or otherwise publish through this site any content which is libelous, defamatory, obscene; pornographic, sexually explicit, threatening, intentionally false or misleading, invasive of privacy or publicity rights, abusive, hateful, illegal, otherwise objectionable, that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law; 
* submit or post material that infringes or misappropriates any copyright, trademark, trade dress, patent, or trade secret; 
* submit any advertisements, commercial messages or public announcements unless we have expressly authorized you to do so;
* collect or use email addresses via this site;
* distribute viruses, Trojan horses, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or misappropriate any system, data, or information;
* employ any data-mining or data-extraction tools; 
* Impersonate another person;
* Copy or adapt the HTML code used to generate this site;
* Employ misleading email addresses or forged headers or otherwise manipulate, through identifiers, to disguise the origin of content transmitted through this site;
* Access data not intended for you or log onto a server or network or breach security or authentication measures without proper authorization;
* Contact anyone who has asked not to be contacted.

Please be aware that, generally, Content you post on, upload to or distribute through a message board, chat room, blog or any similar feature or tool will be accessible by other users of BigUniverse.com.  Be sure that any such information is information that you are comfortable sharing with the public.
                                                                                     
Users are solely responsible for any Content they post or transmit on this site. Big Universe is not responsible for the Content or accuracy of any information posted on or transmitted through this site by users.  You acknowledge and agree that Big Universe may or may not pre-screen or monitor Content posted on or transmitted through BigUniverse.com, and that Big Universe may remove, edit, move or close, in whole or in part, any piece of Content at any time for any reason, in Big Universe's sole discretion.

We may limit the Services including with regard to the amount of time that posted Content may be retained by Big Universe, the size or amount of material or posted Content that may be transmitted through or stored by Big Universe and the frequency with which you may access this site.  We have no responsibility or liability for the deletion of any posted Content or the blocking of any transmitted Content.

NO PERSONAL ADVICE
Any informational materials provided on BigUniverse.com, including without limitation the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. Without limitation of the Disclaimer paragraphs set forth below, Big Universe makes no representations or warranties regarding, and expressly disclaims any and all liability concerning any action by any person following the information offered or provided within or through BigUniverse.com.  If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.

THIRD PARTIES
Your correspondence and dealings with third parties including without limitation job seekers, employers and/or advertisers that you encounter via BigUniverse.com are solely between you and such entity.  You agree that Big Universe is not responsible or liable for any dispute, loss or damage of any sort incurred as a result of any such dealings.  In addition, you acknowledge that Big Universe does not endorse, verify, or make any representations regarding any third party advertisements, products or services and does not confirm that each user of BigUniverse.com is who the user claims to be.  It is your sole responsibility to research and verify the legitimacy of any organization, individual or prospective employer advertising on BigUniverse.com and you are solely responsible for your decision to submit personal information to any third party, whether in connection with potential employment or otherwise.

CHANGES TO SITE AND SERVICES
Big Universe may add, change, discontinue, remove or suspend any portion of BigUniverse.com or the Services at any time, without notice.

USER ACCOUNTS
Certain portions of BigUniverse.com may ask you to create an account.  If you choose to create such an account, you agree to provide only true, accurate, current and complete information.  You further agree to accept all responsibility for all activities that occur under your account or password, if any, and that you will not sell, transfer or assign your account or allow others to use it.  You are responsible for maintaining the confidentiality of any user name and password that may assigned to or selected by you so that others may not access any members-only or password-protected portions of BigUniverse.com using your account and/or identity.

Big Universe reserves the right, in its sole discretion and without notice to you, to restrict your access to all or part of BigUniverse.com for any reason, including without limitation for extended periods of inactivity.
TERMINATION                                                                             

These Terms of Use are effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from BigUniverse.com and all related documentation and all copies and installments thereof whether made under the Terms of Use or otherwise. This Agreement will terminate immediately without notice from Big Universe, if in Big Universe's sole discretion: (a) you fail to comply with any term or provision in these Terms of Use; (b) you are a repeat infringer of any third party's rights; or (c) you engage in conduct that is illegal, tortious or that interferes with the technological operation of this site or that is otherwise objectionable. Upon termination, you must destroy all materials obtained from BigUniverse.com and all copies thereof, whether made under the Terms of Use or otherwise.
DISCLAIMER                                                                              

Big Universe MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES, BigUniverse.com OR ITS CONTENTS, WHICH ARE ALL PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." Big Universe DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE IMPLIED WARRANTY OF NON-INFRINGEMENT WITH RESPECT TO BigUniverse.com AND ANY WEB SITE WITH WHICH IT IS LINKED. Big Universe DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON BigUniverse.com OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT BigUniverse.com, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF BigUniverse.com OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. Big Universe DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE MATERIALS ON BigUniverse.com IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Big Universe) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
                                                                                           
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Big Universe BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON BigUniverse.com, EVEN IF Big Universe OR A Big Universe AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Big Universe's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING BigUniverse.com.   

YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY ACCESSING BigUniverse.com AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
INDEMNIFICATION

By using BigUniverse.com, you agree to indemnify, defend and hold harmless Big Universe from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to:  (1) your violation of these Terms of Use or any law, rule or regulation; (2) a claim that is based on your use of any Content on BigUniverse.com; or (3) any Content uploaded by you or through your computer to BigUniverse.com or otherwise sent by you to Big Universe. You will cooperate as fully and reasonably as required by Big Universe in the defense of any claim.  Big Universe reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Big Universe.

JURISDICTIONAL ISSUES                                                                  
BigUniverse.com is controlled and operated by Big Universe from its offices in Virginia, United States of America. Big Universe makes no representation that materials on BigUniverse.com are appropriate or available for use in other locations. Those who choose to access BigUniverse.com from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from BigUniverse.com may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States 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; or (iii) in any other manner that violates U.S. law. 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.
OTHER                                                                                  

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Virginia, without giving effect to any principles of conflicts of law. You and Big Universe each agree to submit to the exclusive jurisdiction of the courts of the state of Virginia and the federal courts of the southern district of Virginia. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. This is the entire agreement between the parties relating to the subject matter herein.

PERMISSION FOR WEB LINKING                                                             
If you link to BigUniverse.com, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by Big Universe.  Any such link must not damage, dilute or tarnish the goodwill associated with Big Universe and/or any Big Universe intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Big Universe, and you may not "frame" BigUniverse.com.  You may not link to BigUniverse.com from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Big Universe's sole discretion.  Big Universe reserves the right, in its sole discretion, to terminate any link from any web site.

COPYRIGHT INFRINGEMENT CLAIM NOTICE AND PROCEDURE                                      
Big Universe respects the intellectual property rights of authors and requires that you do the same.  In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office site at http://www.copyright.gov/legislation/dmca.pdf, Big Universe will respond expeditiously to notices of alleged copyright infringement that are duly report to Big Universe�s designated copyright agent identified in the notice below.  Big Universe will disable or terminate the accounts of users who are repeat infringers.  If you believe your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide Big Universe�s copyright agent the following information.

* A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;                                                
* Identification of each alleged infringing copyrighted work or works;             
* Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate such material;                                  
* Information reasonably sufficient to enable us to contact the party complaining of an alleged infringement (e.g. an address, telephone number, and email address);                                                                         
* A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Notification of a copyright infringement claim must be submitted to the following:   
Big Universe, Inc.                                                                  
admin@biguniverse.com                                                                               

For other questions about BigUniverse.com, please contact us via our online form here: http://biguniverse.com/main/feedback.  

(c) 2007 Big Universe, Inc. All rights reserved.
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