BIGFINDER
LEGAL NOTICE
Welcome! When browsing and using BigFinder.com, you agree to the terms and conditions listed on this page (the
"Legal Notice"), which may be updated by us from time to
time. For the purpose of this Notice, the term "Services" are
defined as: any information, media, or other materials
originating from and/or linked from the BigFinder.com domain
or any of it's available services (Herein BigFinder)BigFinder's search technology
automatically produces search results that reference sites and
information located worldwide throughout the Internet. Because we have
no control over such sites and information, we make no guarantee as to
such sites and the information they provide, including the accuracy, currency, content or
quality of any such sites and information and we assume no
responsibility as to whether the search locates unintended or
objectionable content. Some content on the Internet
consists of material that is adult-oriented or otherwise objectionable
to some people, the results of your search on our sites may
automatically and unintentionally generate links or references to
objectionable material. We make no claims as to the prevention of such
occurrences.
Under BigFinder's privacy policy, we do
not share your information to third parties, certain aggregate information
is collected from this site during certain transactional processes. Most
data is collected for statistical analysis of web trends and in no way
directly identifies the visitor. In any event, we do not disclose any
personal information such as your name,
address, email address or telephone number without your desire and
willing participation or without prior written
consent, except as required by law.
You are responsible for maintaining the
confidentiality of any account information and/or passwords used for
relative Services. You are
responsible for all uses of your account, whether
expressly authorized by you or otherwise.
Users alone are responsible for the
materials they provide or any other communiqué in direct
connection with the Services, including but not limited to, consequences,
liabilities and/or damages. You agree that you will NOT use
the Services in a way that is unlawful or malicious,
including but not limited to, email harvesting, spamming,
slander, intellectual property theft and the likes. You
further agree not to use the Services to promote material
that is unlawful, gives rise to civil liability or otherwise violates
the community standards including, local, state, federal law of the
origin and/or all destinations affected. In order to ensure that
BigFinder is able
to provide the highest quality Services,
you must consent to BigFinder employees being able to access your
Service records on a case by case basis to investigate complaints or
other allegations or abuse. BigFinder shall not disclose the existence
or occurrence of such investigations except as required by law.
BigFinder, at its sole discretion, reserves the right to
remove any content as a part of the Services at any time and
for any reason, without with or without cause, warning
and/or explanation. Similarly, we have no obligation to delete content that you may
find objectionable or offensive unless prohibited by local, state or
federal laws of the United States of America. Since we have
limited control over all aspects and linked content our
Services provide, BigFinder makes no claim that such content
does or does not exist. BigFinder will investigate and take
appropriate action towards any part of the Services that are
reported, identified and confirmed to be prohibited, as
required by law.
We may modify or discontinue Services, with or without notice, without liability to
you, any other user or any third party notwithstanding cause or
explanation. This also applies to termination or banning of your
participation in Services.
You understand and agree that the Services are provided "AS-IS".
BigFinder assumes no
responsibility for the timeliness, deletion, mis-delivery or failure to
store any information or settings. In
particular, but not by way of limitation, BigFinder may delete information
deemed abandoned, inactive or malfunctional.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT
USE OF BIGFINDER'S SERVICES ARE AT YOUR SOLE RISK, THAT ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
BIGFINDER'S
SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
BIGFINDER DISCLAIMS ALL WARRANTIES OF ANY KIND,
WRITTEN, EXPRESSED OR
IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IT MAKES NO
WARRANTY OR REPRESENTATION REGARDING OR IN DIRECT CONNECTION WITH
BIGFINDER'S SERVICES, REGARDING THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OBTAINED THROUGH BIGFINDER'S SERVICES,
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH
BIGFINDER'S
SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH BIGFINDER'S
SERVICES OR THAT BIGFINDER'S SERVICES WILL MEET ANY USER'S REQUIREMENTS,
BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
BIGFINDER WILL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE
BIGFINDER'S
SERVICES, THIS INCLUDES BUT IS NOT LIMITED TO, DAMAGES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH BIGFINDER'S
SERVICES, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION
OF A USER'S SERVICES DATA OR FOR THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR
LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF BIGFINDER HAD
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold
harmless BigFinder, its licensors, affiliates, officers, directors, employees,
consultants and agents from any and all third party claims, liability,
damages and/or costs (including, but not limited to, attorneys fees)
arising from your use of the Services, your violation of this notice or
other posted Services notices, terms and/or conditions or your infringement, or infringement by any other user of your
account, of any intellectual property or other right of any person or
entity. The Legal Notice will inure to the benefit of BigFinder's
successors, assigns and licensees.
This Legal Notice will be governed
by and construed in accordance with the laws of the State of Texas,
without giving effect to its conflict of laws provisions or your actual
state or country of residence. If for any reason a court of competent
jurisdiction finds any provision or portion of the Terms of Service to
be unenforceable, the remainder of the Terms of Service will continue in
full force and full effect.
These Terms of Service constitute the
entire agreement between the parties with respect to the subject matter
hereof and supersedes and replaces all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject
matter. Any waiver of any provision of the Legal Notice must be
authorized in writing by authorized BigFinder representative.
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