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BigCarp.Net
Terms of Service Agreement
Please read this Agreement carefully before accessing BigCarp.Net. As a condition to and in consideration of receiving and accessing the BigCarp.Net, the User agrees to be bound by the terms of this Agreement. Use of or access to the BigCarp.Net shall constitute acceptance of and agreement to be bound by this Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS THE BigCarp.Net. If you have any questions about this Agreement, please contact us via e-mail at
BigCarp.Net Access Agreement
THIS AGREEMENT "Agreement" is entered into by and between BigCarp.Net/CarpConnect and any
individual, corporation, association, agency, company, or other entity who accesses or
uses the BigCarp.Net (the "User" or "you").
The BigCarp.Net, which provides to you without charge web browser access which includes basic image gallery and in addition for a payable fee advanced features may be provided, is a World Wide Web site on the Internet that is designed to allow users to post images and/or to view images posted by other users or
interact with those users. The BigCarp.Net is owned and operated by CarpConnect.
The BigCarp.Net contains or may contain information, communications, opinions, text,
graphics, links, electronic art, animations, audio, video, software, photos, music, sounds
and other material and data (collectively, "Content") formatted, organized and collected
in a variety of forms that are generally accessible to Users, including directories and
databases, and areas of the BigCarp.Net that can be modified by Users, such as
posting images, uploading multimedia files, registering user profiles, user comments, Ecards and creating
image related goods such as calenders ("Interactive Areas").
1. User Rights and Responsibilities
1.1 Access to the BigCarp.Net.
You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access the BigCarp.Net and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing the BigCarp.Net.
1.2 User Conduct.
You agree to access and use the BigCarp.Net only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) your use of the BigCarp.Net, including any Interactive Area, (ii) the use of any networks or other services connected to the BigCarp.Net, and (iii) the communications means by which you connect your modem, computer, or other equipment to the BigCarp.Net. By accessing the BigCarp.Net, you agree that you will not
(1) restrict or inhibit any other user from using and enjoying the Interactive Features;
(2) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
(3) post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
(4) post or transmit any information, software or other material which contains a virus or other harmful component;
(5) alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access the BigCarp.Net;
(6) disrupt the normal flow of communication in an Interactive Area;
(7) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
(8) violate any operating rule, policy or guideline of your Internet access provider or online service.
1.3 Acceptable Resource Usage
(a) General
BigCarp.Net makes every reasonable attempt to provide an environment suitable for use by free and paid users for the purpose of an image gallery, including sufficient bandwidth and CPU resources. Bandwidth and CPU resources are on an open and "first come first serve" basis whereby bandwidth and CPU resources are allocated in order of who requests them first. In this environment, it is possible for a user to consume more than their share of CPU resources and/or bandwidth and therefore impede the performance of the network and servers as a whole, adversely limiting the resources available to other users. BigCarp.Net closely monitors the performance of its systems and network. If at any time BigCarp.Net deems that a user is imposing an unreasonable load on a server or the network, BigCarp.Net may, at its sole discretion, take any action it deems necessary to correct the problem and free up resources for other users, including but not limited to killing processes or shutting down service for an offending user without notice.
(b) Definition of Fair Bandwidth usage
The term "Fair" is often used within the Internet Services community to describe services of which no hard limits or per unit pricing are imposed, but which are nonetheless governed by limitations of fair and reasonable use, often at the discretion of the service provider. BigCarp.Net offers most services with "Fair" bandwidth, which bear no per unit charges, nor hard limits, but nonetheless are governed by reasonable and fair use. This means that we will not charge you for any bandwidth your account uses, nor will we impose any hard limits on the amount of bandwidth that you can use, provided said use is what BigCarp.Net deems to be reasonable. If at any time BigCarp.Net deems your bandwidth usage to be abusive or unreasonable for the level of service that you have signed up for or purchased, or your bandwidth usage threatens to impair the quality of other users' service, BigCarp.Net may, at its sole discretion, take steps to limit the amount of bandwidth you consume, including the cancellation of your account without notice.
(c) Hotlinking
Hotlinking is defined as the displaying of imbedded images on on webpages, forums or other that are not part of BigCarp.Net. Although we do not currently have restrictions on hotlinking, we do NOT encourage its use. If this facility is abused BigCarp.Net retains the right to put in place proceedures that will prevent the practise of Hotlinking. (see previous clause)
2. Intellectual Property Rights
2.1 BigCarp.Net content.
(a) You acknowledge that Content on the BigCarp.Net is generally provided by the
BigCarp.Net, individual contributors of Content ("Contributors"), third party
licensees, and/or other Users. You acknowledge that the BigCarp.Net permits access to
Content that is protected by copyrights, trademarks, and other proprietary (including
intellectual property) rights ("Intellectual Property Rights"), and that these
Intellectual Property Rights are valid and protected in all media existing now or later
developed and except as is explicitly provided below, your use of Content shall be
governed by applicable copyright and other intellectual property laws. You acknowledge
that the BigCarp.Net owns a copyright in the "look and feel," i.e., the selection,
coordination, arrangement and presentation of such Content.
(b) You may not modify, copy, reproduce, transmit, distribute, publish, create
derivative works from, display or otherwise transfer or commercially exploit any of the
Content, in whole or in part, provided, however, that you may (i) make a reasonable number
of digital or other form of copies to permit your computer hardware and software to access
and view the Content, (ii) print one copy of each piece of Content, (iii) make and
distribute a reasonable number of copies of Content, in whole or in part, in hard copy or
electronic form for internal use only. Any permitted copies of Content must reproduce in
an unmodified form any notices contained in the Content, such as all Intellectual Property
Right notices, and an original source attribution to "The BigCarp.Net" and its URL
address. You acknowledge that the BigCarp.Net, its Contributors, and/or Users remain
the owners of the Content and that you do not acquire any Intellectual Property Rights by
downloading or printing Content.
2.2 Content Provided by User.
(a) You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or
distribute, on or through the BigCarp.Net only Content that is not subject to any Intellectual Property
Rights, or Content in which any holder of Intellectual Property Rights has given express authorization
for distribution over the Internet and on the BigCarp.Net, without restriction whatsoever. Any Content
submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright
owned by [name of owner]; Used by Permission." By submitting Content to any Interactive Area, you automatically
grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly
granted to the BigCarp.Net/CarpConnect the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted,
worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative
works from, and display such Content, in whole or in part, worldwide to promote or publcise Bigcarp.net
or any CarpConnect web site in any form. You also permit any User to access, view, store and reproduce
the Content for personal use
(b) By uploading your images and selecting the 'Print' option for an image when uploading
or editing an image you hereby give permission to other BigCarp.Net users to use images on any product
services provided by BigCarp.net.
3. Interactive Areas
You acknowledge that the BigCarp.Net may include various interactive areas
("Interactive Areas"), including but not limited to classified ads. These Interactive
Areas allow feedback to the BigCarp.Net and real-time interaction between users. You
further understand that the BigCarp.Net does not control the messages, information,
or files delivered to such Interactive Areas and that the BigCarp.Net may offer you
and other Users the capability of creating and managing an Interactive Area. However,
neither the BigCarp.Net, its subsidiary and parent companies, or affiliates, nor
their respective directors, officers, employees and agents are responsible for Content
within any Interactive Area. Your use and/or management of an Interactive Area will be
governed by this Agreement and any additional rules or operating procedures of any
Interactive Area established by you or another User, as applicable. You recognize that the
BigCarp.Net cannot, and does not intend to, screen communications in advance.
Moreover, because the BigCarp.Net encourages open and candid communication in the
Interactive Areas, the BigCarp.Net cannot determine in advance the accuracy or
conformance to this Agreement of any Content transmitted in an Interactive Area. The
BigCarp.Net is not responsible for screening, policing, editing, reviewing or
monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that
the BigCarp.Net has the right to monitor any Interactive Area, from time to time and
to disclose any information as necessary to satisfy any law, regulation or other
governmental request, to operate the Interactive Area, or to protect itself or other
Users. If notified of Content that is alleged not to conform to this Agreement, the
BigCarp.Net may investigate the allegation and determine in its sole discretion
whether to remove or request the User to remove such Content. The BigCarp.Net
reserves the right to prohibit conduct, communication or Content within an Interactive
Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it
deems in its sole discretion to (i) violate the then-standard provisions of this Agreement
or any other standard, written BigCarp.Net policy in effect at that time, (ii) be
harmful to the rights of any User, the BigCarp.Net, or other third parties, (iii)
violate applicable law, or (iv) be otherwise objectionable.
4. Termination
The only right with respect to dissatisfaction with any policies, guidelines, or
practices of the BigCarp.Net in operating the BigCarp.Net, or any change in
Content, is for you to discontinue accessing the BigCarp.Net. The BigCarp.Net
may terminate or temporarily suspend your access to all or any part of the
BigCarp.Net, without notice, for conduct that the BigCarp.Net believes is a
violation of this Agreement or any policies or guidelines posted by the BigCarp.Net,
or for other conduct which the BigCarp.Net believes, in its sole discretion, is
harmful to the BigCarp.Net or other Users. The BigCarp.Net may discontinue
operating the BigCarp.Net and terminate this Agreement without notice at any time for
any reason in its sole discretion. In the event of termination, you are no longer
authorized to access the BigCarp.Net, including the Interactive Areas, and the
restrictions imposed on you with respect to Content downloaded from the BigCarp.Net,
as well as the disclaimers and limitations of liabilities set forth in this agreement,
shall survive.
5. Links; Disclaimers Of Warranties; Limitations of Liability
5.1 Links.
You understand that except for Content, products or services expressly
available at the BigCarp.Net, neither the BigCarp.Net, its subsidiary and parent
companies, or affiliates, or their respective directors, officers, employees, and agents
controls, provides, or is responsible for any Content, goods or services available through
sites on the Internet linked to or from the BigCarp.Net. All such Content, goods and
services are made accessible on the Internet by independent third parties and are not part
of the BigCarp.Net or controlled by the BigCarp.Net. The BigCarp.Net
neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or
availability of any Content, goods or services available on any site linked to or from the
BigCarp.Net, which are the sole responsibility of such independent third parties, and
your use thereof is solely at your own risk. Neither the BigCarp.Net, its subsidiary
and parent companies, or affiliates, or their respective directors, officers, employees,
and agents shall be held responsible or liable, directly or indirectly, for any loss or
damage caused or alleged to have been caused by your use of or reliance on any Content,
goods or services available on any site linked to or from the BigCarp.Net or your
inability to access the Internet or any site linked to or from the BigCarp.Net.
5.2 Disclaimer of Warranties.
Please use your best judgment in evaluating all
information contained or opinions expressed on the BigCarp.Net. It is the policy of
the BigCarp.Net not to endorse or oppose any opinion expressed by a User or Content
provided by a User, Contributor, or other independent party. YOU EXPRESSLY AGREE THAT YOUR
USE OF THE BigCarp.Net IS AT YOUR SOLE RISK. NEITHER THE BigCarp.Net NOR ANY OF
ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS
PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT THE BigCarp.Net OR ANY
INTERNET SITE LINKED TO OR FROM THE BigCarp.Net WILL BE UNINTERRUPTED OR ERROR FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY
OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
BigCarp.Net OR ANY INTERNET SITE LINKED TO OR FROM THE BigCarp.Net OR AS TO THE
TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT,
RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR
TRANSACTION PROVIDED THROUGH THE BigCarp.Net OR ANY SITE LINKED TO OR FROM THE . THE
BigCarp.Net IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL THE BigCarp.Net, ITS
SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, THE BigCarp.Net, OR ANY
INTERNET SITE LINKED TO OR FROM THE BigCarp.Net, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT
LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE,
BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT,
DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL THE BigCarp.Net, ITS SUBSIDIARY AND PARENT COMPANIES,
OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR
LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN
BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN THE BigCarp.Net OR THE CONTENT
CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM THE BigCarp.Net. THE CONTENT
WITHIN THE BigCarp.Net AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM THE
BigCarp.Net MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED
IN NEW VERSIONS OF THE BigCarp.Net AND SPECIFICALLY ARE INCLUDED IN THIS SECTION
AGREEMENT. THE BigCarp.Net AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE BigCarp.Net IS NOT LIABLE FOR ANY
DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE
DISSATISFIED WITH ANY BigCarp.Net SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF THE
BigCarp.Net, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE BigCarp.Net.
6. Indemnity
You agree to indemnify and hold the BigCarp.Net, its parent or subsidiary
companies and their affiliates, and their respective directors, officers, employees, and
agents from any and all liabilities, claims and expenses, including reasonable attorneys
fees, arising from breach of this Agreement, any other policy, your use or access of the
BigCarp.Net or any Internet site linked to or from the BigCarp.Net, or in
connection with the transmission of any Content on the BigCarp.Net.
7. Miscellaneous
This Agreement comprises the entire agreement between the BigCarp.Net and you, and supersedes any prior agreements with respect to the subject matter herein. The BigCarp.Net may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective two (2) days upon posting notice of such revision prominently on the BigCarp.Net. You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing the BigCarp.Net. Your continued accessing and use of the BigCarp.Net following notice of any such revision shall conclusively be deemed acceptance of all such revisions. The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of the BigCarp.Net to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the state or province of domicile of the BigCarp.Net, excluding its conflict of laws rules, and you and the BigCarp.Net each submit to the exclusive jurisdiction of the courts of that state or province. This Agreement is personal to you and you may not assign your rights or obligations thereunder to anyone. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from the BigCarp.Net have been done strictly for clarification and identification and does not constitute endorsement by the BigCarp.Net of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of the BigCarp.Net by such trademark, service mark or link owner.
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