These terms of service (“Terms of Service”) govern your use of THE BIG CD ®. and its subsidiaries’ (“THE BIG CD ®”) websites, services and applications (the “Services”). By using or accessing the Services, you agree to be bound by these Terms of Service, as updated from time to time in accordance with the “Using the Services” section below. There may be instances when we offer additional terms specific to a product, application or service. To the extent such additional terms conflict with these Terms of Service, the additional terms associated with the product, application or service, with respect to your use of the product, application or service, will prevail. References to “us,” “we,” and “our” mean THE BIG CD ®.
USING THE SERVICES
These Terms of Service represent the entire agreement between us and supersedes any proposals or prior agreements, oral or written, and any other communication between us relating to the subject matter of these Terms of Service. We reserve the right, at our discretion, to update or revise these Terms of Service. Please check the Terms of Service periodically for changes. Your continued use of the Services following the posting of any changes to the Terms of Service constitutes acceptance of those changes. Please note that by using the Services, you agree that you are entering into a legally binding agreement (even if you are using the Services on behalf of a company). You acknowledge that you have read these Terms of Service, and agree to be bound by its terms and conditions.
Some Services may allow you to:
- Add your own original content or post your content in blog or user comment areas (“Your Content”). Remember that all information that is disclosed in blog, comment or other public areas becomes public information and you should exercise caution when deciding to share any of your personal information as part of Your Content
- Use the Services as modified with Your Content
- Geolocation data;
- Arrange for third parties to have access to Your Content subject to these Terms of Service
By submitting Your Content to the Services, you hereby grant THE BIG CD ® a worldwide, royalty-free, non-exclusive, sublicenseable and transferable license to use, distribute, reproduce, prepare derivative works of, perform and display Your Content in connection with the Services and Educational Software Technologies Limited business, including without limitation for promoting the Services, in all media now known or hereafter devised through any media channels. You acknowledge that use of the Services is for your personal use only. Except as expressly permitted herein, you shall not:
- Access the Services by any means other than instructions provided by THE BIG CD ®
- Use the Services for any illegal or unauthorized purpose
- Share with any third party any access codes or account information, including without limitation your username and password that you may create or THE BIG CD ® may provide in connection with the Services And/Or upload, post or otherwise distribute or facilitate distribution of any content that:
- Is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another’s privacy, discriminatory, sexually oriented or tortious;
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, or any form of lottery or gambling;
- Constitutes the selling or trading of any merchandise;
- Constitutes the soliciting for advertisers/sponsors; conducting contests/raffles; displaying advertising/sponsorship art; promoting, soliciting or participating in chain letters or marketing/pyramid schemes;
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
- Contains links to sites that violate these Terms of Service, such as pornographic sites, defamatory sites, and so on; or
- Impersonates any person or entity. or
We generally do not pre-screen, monitor or edit the content posted by users of the Services. However, we have the right at our sole discretion to remove any content that, in our judgment, does not comply with the foregoing or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content.
You are responsible for all activity that occurs under your account and you are solely responsible for maintaining the confidentiality of your access codes and account information. You must notify us immediately if you become aware of any unauthorized use of your access codes or account information.
We make no representation that the Services are appropriate or available for use in your location, and accessing them from locations where their contents are illegal is prohibited. If you choose to access this site from any such locations, you do so on your own initiative and are responsible for compliance with local laws.
All rights (including without limitation, copyrights, trademarks, patents and trade secrets) in the Services and the content contained therein, other than Your Content, (“THE BIG CD ® Content”) are and will remain the sole and exclusive property of THE BIG CD ® and/or its licensors. No title to or ownership of any portion of the Services, the THE BIG CD ® Content or any other products or services manufactured, sold and/or distributed or otherwise made available by THE BIG CD ®, or any proprietary rights related to those products/services, is or will be transferred pursuant to or by virtue of this agreement. THE BIG CD ® hereby grants you a limited, non-exclusive, nonsublicensable, revocable license to display and reproduce the THE BIG CD ® Content (other than software code) solely for your personal use in connection with using the Services in accordance with these Terms of Service.
You may from time to time provide THE BIG CD ® with suggestions, ideas or other feedback regarding the Services (“Feedback”). Both parties agree that THE BIG CD ® shall own such Feedback and is entitled, but not obligated, to use, develop and exploit it in any manner, without restriction or duty to compensate or seek permission from you.
TERM AND TERMINATION
We reserve the right, in our sole discretion, to terminate your access to all or part of the Services, with or without notice. Upon termination, all rights granted to you in these Terms of Service will immediately cease. To the extent that you have a subscription that extends beyond termination of these Terms of Service, unless such termination is due to your breach, the subscription shall remain in force for the period set forth in the subscription’s terms or subscription order. Any provision of these Terms of Service that expressly or by implication is intended to continue in force after termination or expiration of these Terms of Service will survive.
- A) To the extent permitted by applicable law, you will defend, indemnify and hold harmless THE BIG CD ®, its licensees, and their respective affiliates, parents and subsidiaries and their respective officers, directors, agents, representatives, successors and assigns (the “THE BIG CD ® Indemnitees”) from and against all liability and expense, including without limitation reasonable counsel fees and costs, arising from any claim, suit or proceeding brought against a THE BIG CD ® Indemnitee (i) claiming that Your Content infringes or misappropriates any patent, copyright, trademark, trade secret or other proprietary right of any third party or (ii) in connection with your violation of these Terms of Service. B) In the event of a claim triggering your obligation to indemnify, you shall provide us with (i) prompt written notice of any such claim; (ii) control over the defense and settlement of such claim and (iii) proper and full information and assistance to settle or defend any such claim.
The services are provided “as is”, without warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability, reliability, availability or fitness for a particular purpose. the entire risk as to the results or performance of the services as assumed by you. In no event will THE BIG CD ® or its licensors be liable to you for any damages, including without limitation lost profits, lost savings, or other incidental or consequential damages arising out of the use of inability to use the services, even if THE BIG CD ® has been advised of the possibility of such damages. The terms of this section shall apply to the fullest extent permitted by the law in the applicable jurisdiction.
The Services may contain errors or inaccuracies and may not be complete or current. THE BIG CD ®, therefore, reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.
You agree that any breach of your obligations with respect to Educational Software Technologies Limited proprietary or intellectual property rights will result in irreparable injury to THE BIG CD ® for which money damages are inadequate, and you therefore agree that THE BIG CD ® shall be entitled to seek injunctive relief, without the requirement of posting a bond, in addition to any other relief that a court may deem proper.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is accessible in a way that constitutes copyright infringement, you may notify us at firstname.lastname@example.org with the subject “ATTN: Senior Editor: My content copyright infringement”, by providing the following information:
- The signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
- A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
- Identification of the specific location on this website where the material that you claim is infringing is located.
- Your name, address, telephone number, and email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.