Terms and Conditions of Use

This site ("Site") is provided by Big Contact ("Big Contact"), a service of AVOQA, LLC, for your personal entertainment, information, education, and communication. Your access to and use of this Site is subject to the following Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member, make use of the Site's services (the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the Registration process. If you do not agree to this Agreement, please do not use this Site.

We reserve the right, at our sole discretion, to modify, restrict, change, or otherwise alter the Agreement or the Privacy Policy, in whole or in part, impose limits on certain features, promotions or services or to restrict, suspend, or terminate your access to all or any part of the Site and/or Services at any time, for any or no reason, with or without prior notice, and without liability.

Eligibility

Membership in the Service is void where prohibited. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You further represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older and that your use of the Site shall not violate any applicable law or regulation. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members.

Use of the Site by Children

This Site does not target, through its advertising, appearance, links to other sites or otherwise, children under the age of 13. If you are under the age of 13, or are a parent of a child under the age of 13, please be aware that we do not permit registration by and do not knowingly collect any information from children under the age of 13.

Terms/Fees

This Agreement will remain in full force and effect while you use the Site and/or are a Member. Big Contact may terminate your membership for any reason, at any time.

Code of Conduct

  1. You understand and agree that Big Contact may review and delete any content, messages, photos or links (collectively, "Content") that in the sole judgment of Big Contact violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.

  2. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service. Do not post any confidential or proprietary information.

  3. The following is a partial list of the kind of Content that is illegal or prohibited on the Site. Big Contact reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that
    1. is patently offensive to the online community, such as Content that promotes racism, bigotry , hatred or physical harm of any kind against any group or individual;
    2. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming", or flooding;
    3. promotes information that you know promotes illegal activities;
    4. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated music or links to pirated music files;
    5. imposes an unreasonable or disproportionately large load this Site's computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise, or which in any way promotes or facilitates any such activity;
    6. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
    7. displays pornographic or sexually explicit material;
    8. solicits personal information from anyone under 18;
    9. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    10. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and

    Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure.

  4. You must use the Service in a manner consistent with any and all applicable laws and regulations.

  5. You may not transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs, or other items of a destructive nature;

  6. You may not modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site;

  7. You may not remove any copyright, trademark, or other proprietary rights notices contained in the Site or Content;

  8. You may not harvest or collect information about Members without their express consent.

Links

The Site may contain links to sites that are controlled by third parties. Those linked sites are not controlled by Big Contact and You acknowledge that Big Contact is not responsible for the content of any such linked site or any link contained in a linked site. Big Contact provides such links only as a convenience, and the inclusion of any link does not imply endorsement by Big Contact of any linked site.

Copyright

Big Contact's Intellectual Property Rights. You acknowledge that Big Contact owns all right, title and interest in and to the Service, including all intellectual property rights (the "Big Contact Rights"). Big Contact Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. You may download material displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. As described immediately below, Big Contact Rights do not include third-party content used as part of the Service.

Your Intellectual Property Rights. Big Contact claims no ownership or control over any Content submitted, posted or displayed by you on or through Big Contact services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Big Contact services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Big Contact services which are intended to be available to the members of the public, you grant Big Contact a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on Big Contact services for the purpose of displaying and distributing Big Contact services. Big Contact furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.

You may choose to submit, post, and display any materials on or through the Big Contact service under a public license (e.g. a Creative Commons license), whether by manually marking your materials as such or using Big Contact service tools to do so. For avoidance of doubt, Big Contact is not a party to any such public license between you and any third party. Also, for avoidance of doubt, Big Contact may choose to exercise the rights granted under (a) the public license or licenses, if any, you apply to your materials or (b) this Agreement.

Trademarks

Big Contact Trademarks, logos, and service marks (collectively "Big Contact Trademarks") displayed on the Site are registered and unregistered Trademarks of Big Contact or others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Big Contact Trademark displayed on the Site without the written permission of Big Contact. Your misuse of the Trademarks displayed on the Site, except as provided in these Terms of Use, is strictly prohibited.

Member Disputes

You are solely responsible for your interactions with other Members. Big Contact reserve the right, but have no obligation, to monitor disputes between you and other Members.

Disclaimers

Neither Big Contact, nor AVOQA, LLC are responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Site, whether caused by users of the Site, Members or by any of the equipment or programming associated with or utilized in the Service. Neither Big Contact, nor AVOQA, LLC are responsible for the conduct, whether online or offline, of any user of the Site or Member of the Service. Big Contact and AVOQA, LLC assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Neither Big Contact, nor AVOQA, LLC are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will neither Big Contact, nor AVOQA, LLC be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Service, any Content posted on the Site or transmitted to Members, or any interactions between users of the Site, whether online or offline. The Site and the Service are provided "AS-IS" and Big Contact and AVOQA, LLC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Big Contact and AVOQA, LLC cannot guarantee and does not promise any specific results from use of the Site and/or the Service. The Service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from neither Big Contact, nor AVOQA, LLC or through or from the service shall create any warranty not expressly stated herein.

Limitation on Liability

Except in jurisdictions where such provisions are restricted, in no event will Big Contact, nor AVOQA, LLC be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Site or the Service, even if Big Contact, or AVOQA, LLC has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Big Contact's, or AVOQA, LLC's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Big Contact, or AVOQA, LLC for the Service during the term of Membership.

Our Rights

Big Contact reserves the right to modify or discontinue the Service in whole or in part for any reason, at its sole discretion, with or without notice to Users. Each User agrees that Big Contact will not be liable to the User or any third party for any modification or discontinuance of the Service.

Fraud

Fraud or abuse relating to the registration process is a violation of the Guidelines. Users are solely responsible for any fraudulent use that may occur due to the theft of or sharing of a User's password. Users agree to immediately notify Big Contact of any unauthorized use of their account or any other breach of security known to them.

ANY ATTEMPT BY ANY USER OR ANY OTHER INDIVIDUAL OR ENTITY TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF THESE GUIDELINES. BIG CONTACT RESERVES THE RIGHT TO INVESTIGATE ANY SUSPICIOUS ACTIVITY AND TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

U.S. Export Controls

Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. 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.

Disputes

If there is any dispute about or involving the Site and/or the Service, by using the Site, you agree that any dispute shall be governed by the laws of the State of Delaware without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Delaware.

Indemnity

You agree to indemnify and hold Big Contact, AVOQA, LLC and their subsidiaries, affiliates, officers, directors, owners, agents, information providers, licensors, other partners and employees (collectively, the "Indemnified Parties") harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

Questions

The Site is provided by Big Contact. If you have any questions, comments or complaints regarding this Agreement or the Site, feel free to contact us at contact@Big Contact.com.

Notice for California Users

Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Filtering

Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Web sites of the Electronic Frontier Foundation http//www.eff.org/pub/Censorship/Ratings_filters_labelling/ and of America Links Up http//www.netparents.org/parentstips/browsers.html.

Other

This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Big Contact regarding the use of the Site and/or the Service. The failure of Big Contact or AVOQA, LLC to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.