Terms of Use

Welcome to BigStage.biz, the website and online service of Big Stage Entertainment, Inc. ("Big Stage" "we," or "us"). This page explains the terms by which you may use our service. By registering for a promotion housed on a third party website powered by Big Stage or accessing or using the Big Stage services, website and software provided through or in connection with the service ("Service"), you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement"), whether or not you are a registered user of our Service.

1. Acceptable Use

A. Big Stage hereby grants you permission to use the Service as set forth in this Terms of Use, provided that: (i) your use of the Service as permitted is either solely for your personal use or you have obtained Big Stage Partner's (if applicable) or Big Stage's prior approval of your commercial use by sending email to bizdev@BigStage.biz; (ii) other than as permitted herein you will not copy or distribute any part of the Service in any medium without Big Stage's prior written authorization; (iii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use. B. In order to access some features of the Service, such as those allowing you to create and modify your @ctorâ„¢, you will have to create an account (your "Big Stage Account"). When creating your Big Stage Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Big Stage Account, and you must keep your Big Stage Account password secure. You must notify Big Stage immediately of any breach of security or unauthorized use of your Big Stage Account. C. You agree not to use automated means, including spiders, robots, crawlers, data mining tools, or the like to scrape or download data from the Service, unless expressly permitted by Big Stage.

2. Intellectual Property Rights

Other than User Submissions (as defined below) the content on the Service, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Big Stage, its licensors, or, with respect to Content provided by a Big Stage Partner through a promotion, a Big Stage Partner, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Service is provided to you AS IS for your information and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Big Stage and Big Stage Partners reserve all rights not expressly granted in and to the Service and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Service for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

3. Your User Submissions and Big Stage Submissions of Material Copyrightable by You

A. The Service permits the submission of images, sounds, videos or other communications submitted by you and other Users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that Big Stage does not guarantee any confidentiality with respect to any User Submissions. You also agree that Big Stage has no liability or responsibility for the storage or deletion of any User Submissions. B. You agree that when you make a User Submission, you grant Big Stage and its affiliates all necessary rights, permissions, consents and licenses including an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, reproduce, copy, display, perform, adapt, modify, distribute and promote the User Submission for the purpose of creating and displaying your @ctorâ„¢ on your Big Stage Account. C. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Big Stage to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Service and these Terms of Use. For clarity, you shall retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Big Stage, you hereby grant Big Stage a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit the User Submissions in connection with the Service and Big Stage's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. D. You also hereby grant each User of the Service a non-exclusive license to access your User Submissions through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service and under these Terms of Use, E. In connection with User Submissions, you further agree that you will not: (i) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate and (ii) post advertisements or solicitations of business. Big Stage does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Big Stage will remove all Content and User Submissions if properly notified that such Content infringes on another's intellectual property rights. Big Stage reserves the right to remove Content and User Submissions without prior notice. Big Stage reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. Big Stage may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion. F. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may 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): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) 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; (iii) 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; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) 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 (vi) 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 Stage's designated Copyright Agent to receive notifications of claimed infringement is: Attn: Copyright Big Stage Entertainment, Inc., 1010 Sycamore Avenue, Suite 309, South Pasadena, CA 91030 email: support@BigStage.com You acknowledge that if you fail to comply with all of the requirements of this Section 4(D), your DMCA notice may not be valid.

4. Other Users' Submissions and Third Party Links

You understand and acknowledge that while using the Service you may be exposed to User Submissions that are offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Big Stage with respect thereto, and agree to indemnify and hold Big Stage, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Service. The Service may contain links to third-party websites that are not owned or controlled by Big Stage. Big Stage has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, including other sites that offer services to be used in connection with theService. In addition, Big Stage will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve Big Stage from any and all liability arising from your use of any third-party website.

5. Opt Out

You may use your account settings to control your Big Stage Account and how other Users communicate with you. By providing Big Stage your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by changing the preferences in your Big Stage Account settings (once the service is live) or by sending an email message to support@BigStage.biz with the word "No email" in the subject field or by sending mail to the following postal address: Big Stage Entertainment, Inc. Attn: Customer Support 1010 Sycamore Ave, Suite 309 Pasadena, CA 91030 Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

6. Termination

Big Stage reserves the right, at its sole discretion, to immediately, with or without notice, suspend or terminate your account access or access to the bigstage.biz site, the Terms, and/or your access to all or a portion of the Service and/or remove any account information or User Submissions from the Service, for any reason (including if you breach of any of the provisions of the Terms). Upon termination or expiration of the Terms, your obligations and Big Stage's rights and disclaimers survive, but your right to use the Service immediately ceases. Big Stage reserves the right to change its general practices and limits at any time in its sole discretion, with or without notice.

7. Warranty Disclaimer

EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN THE TERMS, THE SERVICE (INCLUDING WITHOUT LIMITATION, ALL CONTENT, MATERIALS (AND MATERIAL LINKED THERETO), ADVERTISEMENTS, LINKS, AND EMAILS) IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. BIG STAGE AND BIG STAGE PARTNER DO NOT GUARANTEE OR WARRANTY THE ACCURACY, LEGALITY, APPROPRIATENESS, TRUTHFULNESS, OR OTHER QUALITIES OF ANY MATERIALS OR THE RELATED PRODUCTS, EQUIPMENT, OR SERVICES. BIG STAGE AND BIG STAGE PARTNER HEREBY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW: ALL WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT; AND OTHER WARRANTIES INCLUDING BUT NOT LIMITED TO: UNINTERRUPTED USE; AVAILABILITY OF THE WEBSITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE WEBSITE; AND ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE WEBSITE.

8. Limitation of Liability

IN NO EVENT SHALL BIG STAGE PARTNER, BIG STAGE, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (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 SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY 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. YOU SPECIFICALLY ACKNOWLEDGE THAT BIG STAGE SHALL NOT BE LIABLE FOR USER 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.

9. Indemnity

You agree to defend, indemnify and hold harmless Big Stage and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Service.

10. Protection of Children

You must not use or register on this Service if you are under the age of 13. If you use the Service, you hereby represent and warrant that you are at least 13 years of age. In compliance with the Children's Online Privacy Protection Act, any information we receive from Users we believe to be under the age of 13 will be purged from our database.

11. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Big Stage without restriction.

12. General

A. Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) Big Stage websites shall be deemed passive websites that do not give rise to personal jurisdiction over Big Stage, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Big Stage that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. B. Entire Agreement/Severability. These Terms of Use, together with the Privacy Notice at http://big stage.com/privacypolicy.php and any other legal notices published by Big Stage on BigStage.biz, shall constitute the entire agreement between you and Big Stage concerning the Service. If any provision of these Terms of Use is deemed invalid by a 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. C. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Big Stage's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Big Stage reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Service following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND BIG STAGE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.