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Terms of Service

1. User Conduct

You understand that all information, date, test, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not BigOrb.com, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via this website. BigOrb.com does not control the Content posted via the website and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the website, it is possible that you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will BigOrb.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the website.
In addition, you agree to not use the website to:

  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes or otherwise harm minors in any way;
  • impersonate any person or entity, including, but not limited to, a BigOrb.com official, editor or host, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • harvest or collect email addresses or other contact information of other users from the website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • use the website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website;
  • register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
  • use or attempt to use another's account, service or system without authorization from BigOrb.com, or create a false identity on the website.
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the website;
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party or that contains the addresses, phone numbers, email addresses, Social Security numbers and credit card numbers of any party;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the website are able to type, or otherwise act in a manner that negatively affects other user's ability to engage in real time exchanges;
  • interfere with or disrupt the website or servers or networks connected to the website or disobey any requirements, procedures, policies or regulations of networks connected to the website;
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  • "stalk" or otherwise intimidate or harass another;
  • use automated scripts to collect information from or otherwise interact with the website; or
  • collect or store personal data about other users.

You acknowledge that BigOrb.com does not pre-screen Content, but that BigOrb.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the website. Without limiting the foregoing, BigOrb.com and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by BigOrb.com or submitted to BigOrb.com, including without limitation information in or on BigOrb.com

You acknowledge and agree that BigOrb.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonable necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of BigOrb.com, its users and the public.

You understand that the technical processing and transmission of the website, including your Content, may involve (a) transmission over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

2. SPECIAL ADMONISTIONS FOR INTERNAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States of the country in which you reside.

3. CONENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

BigOrb.com does not claim ownership of Content you submit or make available for inclusion on the website. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the website, you grant BigOrb.com the following world-wide, royalty free and none-exclusive license(s), as applicable:

With respect to Content you submit or make available for inclusion on publicly accessible areas of BigOrb.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the website solely for the purposes of providing and promoting BigOrb.com. This license exists only for as long as you elect to continue to include such Content on the website and will terminate at the time you remove or BigOrb.com removes such Content from the website.

With respect to photos, graphics, audio or video you submit or may make available for inclusion on publicly accessible area of the website, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the website solely for the purpose for which such content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the website and will terminate at the time you remove or BigOrb.com removes such Content from the website.

With respect to Content other than photos, graphics, audio or video you submit or may make available for inclusion on publicly accessible areas of the website, the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform an publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the website are those areas of BigOrb.com that are intended by BigOrb.com to be available to the general public. However, publicly accessible areas of the website would not include any portions of BigOrb.com that are intended for private communication.

4. INDEMNITY

You agree to indemnify and hold BigOrb.com, and its subsidiaries, affiliates, owners, officers, managers, members, agents, partners, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the website, your use of the website, your connection to the website, your violation of the Terms of Service, or your violation of any rights of another.

5. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the website, use of the website, or access to the website.

6. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that BigOrb.com may establish general practices and limits concerning use of the website, including without limitation the maximum number of days that messages, postings or other uploaded Content will be retained by the website, the maximum number of invites or other messages that may be sent from or received on the website, the maximum disk space that will be allotted on BigOrb.com servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the website in a given period of time. You agree that BigOrb.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Conent maintained or transmitted by the website. You acknowledge that BigOrb.com reserves the right to log off and/or delete accounts that are inactive for an extended period of time. You further acknowledge that BigOrb.com reserves the right to change these general practices and limits any time, it its sole discretion, with or without notice.