Date: June 9, 2023
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE (“TOU”) FOR THE BIGFOOTCENTRAL.COM WEB SITE (“Website”) BEFORE USING THIS WEBSITE. By continuing to access, link to, or use this Website, including but not limited to text, content, photographs, video, audio and graphics, services, and goods (the “Service”), you signify YOUR ACCEPTANCE OF THE TOU. Bigfootcentral.com (“we”, “us” or “Bigfoot Central”) reserves the right to modify the TOU at any time, and such modifications shall be effective immediately. Please continue to review the TOU whenever accessing, linking to, or using this Website. Your access, link to, or use of the Website, or any service on this Website, after the posting of modifications to the TOU will constitute YOUR ACCEPTANCE OF THE TOU, as modified. If, at any time, you do not wish to accept the TOU, you may not access, link to, or use this Website.
- Use and Restrictions:
(a) References to “you” mean the user of the Service individually (unless otherwise stated on the Service or on the TOU) and, if applicable, any entity that or individual who is the employer of the user or for whom the user acts as an agent (“employer”). You represent, warrant, and covenant that you are authorized by your employer to use the Service.
(b) You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right for you to access and use the Service in accordance with the TOU.
(c) You represent, warrant, and covenant that you are (i) at least eighteen (18) years old; and (ii) shall use the Service only as set forth in this TOU. If you are at least eighteen (18) years old and you have not reached the age of majority in your jurisdiction, you may only use the Services if your parent or guardian consents to your use of the Services, assumes the obligations provided in the TOU, and assumes full responsibility for your use of the Services. You agree to comply with any other applicable terms and conditions of use set forth on the Service. When using the Service, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. This Website is controlled and operated within the United States. We do not represent that materials in the Service are appropriate or available for use in any particular location. Those who choose to access the Service do so on their own initiative and are responsible for compliance with all applicable laws.
(d) You may not use the Service for any illegal purpose, to facilitate the violation of any law or regulation, or in a manner inconsistent with this TOU. You agree that your use of the Service is solely for your own personal, non-commercial purposes and benefit and, if applicable, for your employer’s own non-commercial purposes and benefit. You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, download, or in any way exploit any part of the Service, except as set forth in the TOU or as explicitly specified in the Service. You may download material from the Service and/or make a reasonable number of copies of the material from the Service for your own, personal noncommercial use and benefit and if applicable, your employer’s own non-commercial purposes and benefit, provided that you retain all copyright and other proprietary notices. The Service and the information contained therein may not be used to construct a database of any kind. Nor may the Service be stored (in its entirety or in any party) in databases for access by you or any third party to distribute any database services containing all or part of the Service.
(e) You may not access, monitor, or copy any content or information on the Service using any robot, spider, scraper, web crawler, or other automated means or any similar manual process. You may not violate the restrictions in any robot exclusion headers on the Service, if any, or bypass or circumvent other measures employed to prevent or limit access to the Service. You may not violate the security of this Service or attempt to gain unauthorized access to the Service or computer systems or networks connected to the Service through any means.
(f) You will not use the Service or the information contained therein in unsolicited mailings or spam material. You will not use any of Bigfoot Central's, their licensors’, the Covered Entities’ (as defined below), or their licensors’ trademarks, trade names, service marks, copyrights, or logos in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the Service. You may use the sharing functions solely to inform others about content on this Website, and you shall immediately cease using these functions with regard to recipients who have requested not to receive such information. When using the Service, you shall remain friendly and civil and treat all users and recipients with respect and sincerity.
When using the Service, including but not limited to the sharing functions, you shall not send, submit, upload, post, or other otherwise make available any material that (a) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (b) is unlawful, harassing, libelous, slanderous, offensive, obscene, hateful, pornographic, violent, insulting, threatening, abusive, misleading, deceptive, or racially, ethnically, or otherwise objectionable; (c) contains any commercial, promotional, or solicitation information; (d) contains software viruses, worms, or any other harmful, invasive, or corrupted files, including but not limited to those designed to interrupt, destroy, or limit the functionality of any computer; or (e) contains personally identifiable information of another person.
If you send, submit, upload, post, or otherwise make available material to the Service or to Bigfootcentral.com or their representatives, including, without limitation, photographs, comments, information, text, video, feedback, or other materials, or unsolicited creative ideas, suggestions, or other materials (each a “Submission” and collectively, the “Submissions”), unless we indicate otherwise, you hereby grant Bigfoot Central, their affiliates, and representatives a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display any Submission, in whole or in part, throughout the world in any form, media, or technology now known or hereafter developed, including all promotion, marketing, publicity, and any other uses thereof, without notice or attribution to you or any other entity or person and without obtaining any further permission or license or making any payment whatsoever, and you acknowledge that Bigfoot Central has no obligation to use your Submission. You grant Bigfoot Central and its affiliates, representatives, and sublicensees the right to use the name, voice, and/or likeness that you submit in connection with such Submission and all intellectual property and other proprietary rights included in the Submission.
You represent and warrant that you own or otherwise control all of the rights to the Submission, and that you have a valid and enforceable license from all creators of such materials, including you, and all persons identified in your Submission to use and sublicense such materials herein; that the Submission is truthful and accurate; and that use of the material you supply does not violate the TOU and will not cause injury to any person or entity. You represent and warrant that you will indemnify Bigfoot Central and its partners, Suppliers (as defined below), and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns for all claims resulting from the Submission. You hereby waive all copyright, trademark, right of publicity or privacy, and all other claims or causes of action against Bigfootcentral.com and its partners, Suppliers, and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns. Bigfoot Central takes no responsibility and assumes no liability for any Submission by you or any third party. You agree that any physical copy of your Submission shall be deemed, and shall remain, the property of Bigfootcentral.com. You agree that you shall not be entitled for any reason to terminate or rescind this license and release, nor to enjoin, restrain, or otherwise impair the exercise of any rights and privileges granted hereunder.
Bigfootcentral.com retains the right, which it may or may not exercise in their sole discretion, to review, edit, or delete any material submitted which Bigfoot Central, in their sole discretion, deems illegal, offensive, abusive, in violation of the TOU, or otherwise inappropriate or unacceptable. Any material you submit to this Service or to Bigfoot Central or their representative is not confidential or proprietary and Bigfoot Central shall be under no obligation to maintain the confidentiality of any content you submit.
- Intellectual Property:
The Service is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by us and others, including, but not limited to, Bigfoot Central, through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You agree to protect the proprietary rights of us and all others having rights in the Service, including, but not limited to, Bigfoot Central, during and after the term of this agreement and to comply with all reasonable written requests made by us or our partners, suppliers, licensors, and owners of content, copyrights, trademarks, or otherwise, including, but not limited to, Bigfoot Central (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Service. You agree to notify us in writing at email@example.com promptly upon becoming aware of any unauthorized access or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the “Intellectual Property Rights”) shall, as between you and Bigfoot Central, at all times be and remain the sole and exclusive property of Bigfoot Central or our licensors. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Bigfoot Central for its exclusive use.
- Linking and Framing:
You may not frame this Website or any portion or page of this Website. You may not archive, cache, or mirror any page or portion of a page of this Website. You may not include a link(s) on your website to this Website, or any page or portion of the Website, without our written permission. To request permission to link to this Website, please contact firstname.lastname@example.org. If you receive permission to link to this Website, you may not link to this Website any website containing inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topics, names, or material or information that violates any applicable intellectual property, proprietary, privacy, or publicity rights. If you link to this Website, you may not portray any person or subject in a false or misleading light. In addition, you may not imply that we and/or our Suppliers are endorsing your products or services. Any violation of this provision may, in our discretion, result in termination of your access to and use of this Website effective immediately.
- DISLAIMER OF WARRANTIES/LIMITATIONS ON LIABILITY:
YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL INFORMATION CONTAINED IN THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
We do not warrant that the Service is compatible with your equipment or that the Service, or e-mail sent by us or our representative, is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that we and our partners, Suppliers, and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by our negligence or that of our partners, Suppliers, and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental, or consequential damages, or any claim against us; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment.
The content of other websites, services, goods, or advertisements that may be linked to or from the Service is not maintained or controlled by us. We are therefore not responsible for the availability, content, or accuracy of other websites, services, or goods that may be linked to or from the Service. We do not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, or goods, that may be linked to or from the Service; or (c) make any endorsement, express or implied, of any other websites, services, or goods, that may be linked to or from the Service. For the avoidance of doubt, this paragraph covers websites linked to or from the Service. Any statements, opinions, or other information made available by third parties, including users, are solely those of the respective author(s) or distributor(s).
We are also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Service. You understand that we and/or Suppliers to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOU, even if you have already begun participating in a particular activity or utilizing a particular feature. Anything to the contrary herein set forth notwithstanding, we and our partners, Suppliers, and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (x) inaccuracies or errors in or omissions from the Service; (y) delays, errors, or interruptions in the transmission or delivery of the Service; or (c) loss or damage therefrom or occasioned thereby, or by any reason of nonperformance.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE AND OUR PARTNERS, SUPPLIERS, AND AFFILIATES AND THEIR RESPECTIVE OWNERS, MEMBERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF WE HAVE BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOU. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
In the event you have a dispute with one or more users of the Website, you release us and our partners, Suppliers, and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns from any claims, damages, liabilities, costs, and expenses, including reasonable attorney’s and expert’s fees, arising out of or in connection with such dispute.
You agree, at your own expense, to indemnify, defend and hold us and our partners, Suppliers, and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns against any claim, suit, action or other proceeding, from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorney’s and expert’s fees, arising out of or in connection with the Service, or any links on the Service, including, but not limited: (i) any breach or violation of the TOU by you or someone using your computer; (ii) material entered into or transmitted through the Service with the use of your computer; (iii) your use or someone using your computer’s use of the Service; (iv) a claim that any use of the Service by you or someone using your computer infringes any Intellectual Property Right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; or (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defense.
- Term and Termination:
(a) You may terminate the TOU, with or without cause and at any time, by discontinuing your use of the Service and destroying all materials obtained from the Service.
(b) We shall have the right immediately to terminate the TOU in the event of any breach by you of the TOU. We may discontinue the Service, or change its availability to you, at any time in our sole discretion. You accept that we have the right to change the content or technical specifications of any aspect of the Service at any time in our sole discretion. You further accept that such changes may result in your being unable to access the Service.
(c) We shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to the termination or suspension of the Service. Upon termination of the TOU by you or us, you must discontinue your use of the Service and destroy promptly all materials obtained from the Service and any copies thereof.
- Governing Law:
The TOU shall be governed and construed in accordance with the laws of the United States and the State of New York and New Jersey, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in New York County in the State of New York with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOU and hereby waive any objection to the propriety or convenience of venue is such courts.
- Electronic Communications:
When you visit this Website and when you communicate with us electronically, you consent to receive communications from us electronically and to electronically sign documents. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. We will retain a copy of any agreement or document you sign electronically, including through this Website, and you are responsible for retaining a copy of any agreement or document you sign electronically, including through this Website.
You may not assign or transfer the TOU or the rights hereunder, including but not limited to, the limited right for you to access use the Service in accordance with the TOU. We may assign the TOU to an affiliated entity, partner, or any third party. You acknowledge and agree that we may delegate certain of our responsibilities, obligations, and duties under or in connection with the TOU to an affiliated entity, partner, or any third party, which may discharge those responsibilities, obligations, and duties on behalf of us.
- Parties/Third-Party Beneficiaries:
You recognize that we, our affiliated entities, partners, and Suppliers, and their affiliated entities as well as Bigfoot Central (together, the “Covered Entities”), each have rights with respect to the Service, including the information and other items provided by us and the Covered Entities by reason of your use of the Service. The TOU shall be for the benefit of the Covered Entities and the respective affiliates, successors, assigns, officers, directors, employees, Suppliers, and representatives of the Covered Entities.
You may not use any of our trademarks, trade names, service marks, copyrights, or logos, or our licensors’, the Covered Entities’, or their licensors’ trademarks, trade names, service marks, copyrights, or logos, in any manner which creates the impression that such items (i) belong to or are associated with you or indicate the sponsorship or approval of us, our licensors, any Covered Entity, or their licensors; or (ii) except as otherwise provided herein, are used with our, our licensors’, the Covered Entities’, or their licensors’ consent, and you acknowledge that you have no ownership rights in or to any of such items.
The TOU and any other terms and conditions of service on the Service, and its successor, constitute the entire agreement between you and us and govern your use of the Service. The section titles in the TOU are used solely for the convenience of you and us and have no legal or contractual significance. Our failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOU will remain in force. Sections 1(a), 1(c) – 1(f), 2 through 7, 8(c), and 9 through 14 shall survive termination or expiration of this TOU.
Copyright Agent for Copyright Infringement Claims (Digital Millennium Copyright Act):
The designated agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is: email@example.com.