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TERMS OF USE

Last updated on June 10, 2020

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE BIGTHINK.COM WEBSITE (THE “SITE”), OR ANY OF THE FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY BIG THINK, INC. (“BIG THINK”) IN CONNECTION WITH THE SITE (COLLECTIVELY, THE “SERVICES”). BY USING THE SERVICES IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE OR SUBMITTING COMMENTS, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE. WE MAY CHANGE, ADD OR OTHERWISE MODIFY THESE TERMS OF USE AT ANY TIME, WHICH SHALL BECOME EFFECTIVE IMMEDIATELY UPON POSTING. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE PRIOR TO EACH USE OF THE SERVICES, AND BY CONTINUING TO USE THE SERVICES, YOU AGREE TO ANY CHANGES. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF USE, CLICK ON THE ‘CANCEL’ BUTTON AND YOU WILL NOT HAVE ANY RIGHT TO USE THE SERVICES. PLEASE ALSO READ BIG THINK’s Privacy Policy [https://preprod.bigthink.com/privacy] BEFORE USING THE SERVICES.

Big Think’s Intellectual Property Rights

All text, graphics, multimedia content or other material that you see or read on the Site and all related code (the “Content”), excluding Contributor Submissions (as defined below), is owned or licensed to Big Think, and may not be used except as provided in these Terms of Use. You may use the Site and the Content offered thereon only for lawful, personal, non-commercial purposes. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Site or Content, or, without our prior written consent, reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content, except that you may download one machine readable copy of selected Content from the Site for personal use only. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. Your use of the Services may not in any way infringe or misappropriate the intellectual property rights of any third party.

Contributor Registration

To submit comments to the Site you must first register an account with us or a third party. During registration we ask you to provide us with certain personal information such as your name and email address, and to establish a user name and password.

In registering an account you represent and warrant:

  1. that you are an individual capable of entering into a contract, or, if you are a minor, that you have your parent’s permission to do so;
  2. that you will provide us with true, accurate, current and complete information, and that you will update such information as it may change from to time to time;
  3. that you will maintain the security of your account, and assume full responsibility for all activities that occur under the account and any other actions taken in connection with it; and
  4. that you will notify Big Think of any unauthorized uses of your account or any other breaches of security.

Contributor Submissions

A. We welcome the submission of comments submitted by registered contributors for publication on the Site (“Contributor Submissions”). You understand that whether or not such Contributor Submissions are published, Big Think does not guarantee any confidentiality with respect to any submissions.

B. You shall be solely responsible for your own Contributor Submissions and the consequences of posting or publishing them. You hereby represent and warrant that any material contained in any such Contributor Submissions:

  1. Is owned by you, or you have the necessary licenses, rights, consents, and permissions to use and authorize Big Think to use each and every image, sound, and other piece of content contained in each such Contributor Submission and to enable inclusion and use of such Contributor Submissions in the manner contemplated by the Site and this Agreement; without limiting the foregoing, you represent and warrant that you have the written consent, release, and/or permission of each and every identifiable individual person in the Contributor Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contributor Submissions in the manner contemplated by the Site and this Agreement; and also without limiting the foregoing, you represent and warrant that the posting of your Contributor Submission on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. You agree to pay all royalties, fees, and other monies owing any person or entity by reason of any content posted by you to or through the Site.
  2. Is not unlawful, libelous, obscene, fraudulent, indecent or pornographic; does not defame, abuse, harass, or threaten others; and is not hateful or racially, ethnically or otherwise objectionable;
  3. Is not posted for a commercial purpose and does not contain any solicitation of funds, advertising or solicitation for goods or services;
  4. Does not contain any software viruses, Trojan horses, worms, bombs, 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 or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
  5. Does not advocate or encourage any illegal activity or activity that might give rise to civil liability;
  6. Does not infringe the copyright, patent, trademark, trade secret, right of publicity or other intellectual property, proprietary, contracted, personal or other right of any third party;
  7. Does not violate the privacy rights of individuals, including other users of the Site; and
  8. Does not violate any applicable local, state, national or international law.

C. You retain all of your ownership rights in your Contributor Submissions. However, by submitting Contributor Submissions on or to the Services, you hereby grant Big Think and any third party designated by Big Think a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, edit, modify, excerpt, publish, adapt, prepare derivative works of, display, perform, and otherwise fully exploit the Contributor Submissions in any media formats and through any media channels now known or hereafter developed. You also hereby do and shall grant each user of the Services a non-exclusive license to access your Contributor Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such Contributor Submissions as permitted through the functionality of the Services. For clarity, the foregoing license grant to Big Think does not affect your other ownership or license rights in your Contributor Submissions, including the right to grant additional licenses to the material in your Contributor Submissions.

Big Think does not endorse any Contributor Submission or any opinion, recommendation, or advice expressed therein, nor are we responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Contributor Submissions. You shall be solely responsible for your own Contributor Submissions and the consequences of posting or publishing them. You agree that Big Think has no liability with respect to any Contributor Submissions, including, without limitation, your own submissions, and you hereby irrevocably release Big Think and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to Contributor Submissions posted or published by you or by other users or any part thereof.

Big Think reserves the right, in its sole discretion, to decide whether a Contributor Submission is inappropriate or violates this Agreement, including but not limited to copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. Big Think also reserves the right, in its sole discretion, to edit, reject, refuse to post or remove any posting (including private messages and Contributor Submissions) by you, or to restrict, suspend or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing, Big Think does not and cannot review every Contributor Submission and assumes no responsibility for monitoring the Services, Content, or Contributor Submissions for inappropriate conduct, or for modifying or removing such conduct, Content or Contributor Submissions from the Services.

DMCA Compliance

We do not permit infringement of copyright or other intellectual property rights on the Services. Big Think may remove Contributor Submissions and/or terminate a Contributor’s account for submitting materials in violation of these Terms of Use at any time, without prior notice and at our sole discretion. If you believe that any Contributor Submission or other content infringes upon your copyrights, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Big Think’s designated Copyright Agent to receive notifications of claimed infringement is: Peter Hopkins: peter [–at–] bigthink [—dot–] com.

Please direct any complaints unrelated to the potential infringement of intellectual property rights to customerservice@bigthink.com. Once proper bona fide infringement notification is received by the Copyright Agent, it is Big Think’s policy:

  1. to remove or disable access to the infringing Content;
  2. to notify the Content provider, member or user that it has removed or disabled access to the Content; and
  3. that repeat offenders will have the infringing Content removed from the system and that Big Think will terminate such content provider’s, member’s or user’s access to the service.

Content Posted on Other Sites

The Services may contain links to pages on other websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites to which the Services link, and that link to the Services. Big Think does not have any control over those third party websites and webpages, and is not responsible for their contents or their use. By linking to third party website or webpage, Big Think does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

Disclaimer of Warranties

Big Think has no special relationship with or fiduciary duty to you. You acknowledge that Big Think has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Big Think from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Big Think makes no representations concerning any content contained in or accessed through the Services, and Big Think will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.

THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE’ AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. BIG THINK, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS, DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

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SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Electronic Communications Privacy Act Notice (18USC 2701-2711): BIG THINK MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICES OR ANY WEBSITE LINKED TO THE SERVICES. Big Think will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Big Think’s equipment, transmitted over networks accessed by the Services, or otherwise connected with your use of the Services.

Limitation of Liability

IN NO EVENT SHALL BIG THINK, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION PERSONAL INJURY OR PROPERTY DAMAGE, LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) RELATED TO THE SERVICES OR YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES RESULTING FROM ANY (I) USE OF THE CONTENT, (II) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BIG THINK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

WITHOUT LIMITING THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE THAT BIG THINK SHALL NOT BE LIABLE FOR CONTRIBUTOR SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Services are controlled and offered by Big Think from its facilities in the United States of America. Big Think makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnification

You agree to defend, indemnify, and hold harmless Big Think and our affiliates and subsidiaries, and their respective employees, contractors, officers, directors, and agents (collectively, the “Indemnified Parties”), from and against any claim, damages, loss, costs, expenses, or liability, including, without limitation, reasonable attorney’s fees (collectively, “Liabilities”), incurred by the Indemnified Parties in connection with any claim arising from (i) your use of and access to the Services (including, without limitation, the Site) or any content that you post thereon; (ii) your violation of any term of these Terms of Use or your representations and warranties set forth herein; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) damage to a third party caused by one of your User Contributions. 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 cooperate as fully as reasonably required in the defense of any such matter. This defense and indemnification will survive these Terms of Use and your use of the Services.

Changes to Terms of Use; Changes to the Services; Termination of Use

Big Think may change, add or otherwise modify these Terms of Use at any time in its sole discretion, which shall become effective immediately upon posting. Your continued use of the Services after such changes have been made constitutes acceptance of the revised Terms of Use. Big Think may, at any time, modify, withdraw or suspend any content or functionality on the Services in its sole discretion, including the cessation of all activities associated with the Site. Big Think shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. Big Think may terminate your use of the Services at any time without notice, for any or no reason, in its sole discretion.

Miscellaneous

These Terms of Use, together with any policies referenced herein, constitute the entire agreement between Big Think and you concerning the subject matter hereof. Except to the extent applicable law, if any, provides otherwise, these Terms of Use and any access to or use of the Services will be governed by the laws of the State of New York, excluding its conflict of law provisions. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Big Think in any respect whatsoever. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York County, New York, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The arbitrator shall have the authority to grant specific performance and to allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrator may determine. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision by the arbitrator, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in the State of New York and the City of New York. If any provision of these Terms of Use is deemed invalid by an arbitrator or court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. A waiver by either party of any term or condition of these Terms of Use or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under these Terms of Use; Big Think may assign its rights under these Terms of Use without condition. These Terms of Use will be binding upon and will inure to the benefit of the parties, and their successors and permitted assigns.

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