©Copyright 2006 BigBrainFans.com. All rights reserved.
1. Acceptance of Terms of Service
These Terms of Service will govern your use of the Big Brain Fans website ("BigBrainFans.com"). By
using any of the tools available on this site, you are indicating your agreement to be bound by
these Terms of Service as such terms may be modified from time to time. These Terms of Service
govern your use of BigBrainFans.com and all services provided in connection with BigBrainFans.com.
If you do not agree to these Terms of Service, please do not sign-up for or enter BigBrainFans.com.
BigBrainFans.com may, at its sole discretion, modify, restrict, change or otherwise alter the Terms
of Service in whole or in part or impose limits on certain features or services provided through the
BigBrainFans.com or restrict your access to part or all of the BigBrainFans.com without notice to
you. Please check these Terms periodically for changes. By continuing to access and use the Service
you will be evidencing your consent to, agreement with and understanding of such modifications,
change or alteration.
2. Registration Information/Privacy Policy
Any information provided by you or gathered by BigBrainFans.com during any visit to BigBrainFans.com
shall be subject to the terms of the BigBrainFans.com Privacy Policy, which is incorporated herein
by reference. BigBrainFans.com reserves the right to offer you third party services and products.
BigBrainFans.com reserves the right to terminate your BigBrainFans.com membership if
BigBrainFans.com learns that you have provided false or misleading registration information.
3. Termination
BigBrainFans.com reserves the right, at its sole discretion, to immediately, without notice, suspend
or terminate (i) these Terms of Service; and/or (ii) your membership with or ability to access
BigBrainFans.com and/or any other service provided to you by BigBrainFans.com upon any breach by
you of the Terms of Service.
4. Modifications of these Terms of Service
BigBrainFans.com may modify these Terms of Service from time to time in its sole discretion. Each
time you log on to BigBrainFans.com, you will be deemed to have accepted any such changes.
5. Modifications to BigBrainFans.com
BigBrainFans.com may modify BigBrainFans.com with or without notice to you and without liability to
you or any third party. If BigBrainFans.com is discontinued for any reason, your subscription will
be canceled and all recurring billing will cease.
6. Content of Messages
You alone are responsible for the content of your messages, and the consequences of any such
messages. BigBrainFans.com reserves the right to terminate your service if it becomes aware and
determines, in its sole discretion, that you are violating any of the following guidelines.
Any use by you of any other member's information, personal or otherwise, for any commercial purpose
or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed
to be a violation of these Terms of Service. BigBrainFans.com is to be used by you for your personal
use only. Commercial uses of BigBrainFans.com are strictly prohibited unless prior written consent
from BigBrainFans.com has been granted.
You further agree not to use BigBrainFans.com to send, upload screenshots, post on message
boards/tip or any place on BigBrainFans.com, any message, screenshots or material that is unlawful,
harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually
oriented, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature
or that encourages conduct that could constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, national or international law or regulation, or
encourage the use of controlled substances. For purposes of the immediately preceding sentence,
"masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the
actual objectionable word, phrase or symbol in your post, message or otherwise on BigBrainFans.com.
BigBrainFans.com reserves the right to delete any such material from the site. BigBrainFans.com will
cooperate fully with any law enforcement officials and/or agencies in the investigation of any
person or persons who violate the Terms of Service.
You agree not to impersonate any other person or entity, whether actual or fictitious, including
impersonating an employee or consultant of BigBrainFans.com. You further agree not to use an
inappropriate member name of any kind.
You agree not to post, upload screenshots or use BigBrainFans.com to distribute or send any illegal
material of any kind, including but not limited to, illegal material in the form of text, graphics,
video, programs or audio. Posting content or participating in any form of discussion with the
intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) BigBrainFans.com permits access to content that is protected by copyrights,
trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and
protected in all media and technologies existing now or later developed; and (iii) except as
explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other
laws govern your use of such content. You may not post to BigBrainFans.com, copy, reproduce,
retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to
any Rights. The burden of determining that any information, software, images or any other content on
BigBrainFans.com is not protected by Rights rests with you. You acknowledge that BigBrainFans.com
may acquire Rights to use any posted materials as described below, and that you will not acquire any
of those Rights by downloading such materials.
By submitting content and/or uploading screenshots which shall include your member name, to any
"public area" of BigBrainFans.com, including message boards, you grant BigBrainFans.com a
royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license
to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute,
communicate to the public, perform and display the content (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media, or technology now known or later developed, for
the full term of any Rights that may exist in such content. You also warrant that the holder of any
Rights, including moral rights in such content, has completely and effectively waived all such
rights and validly and irrevocably granted to you the right to grant the license stated above. You
also permit any member and/or guest to access, display, view, store and reproduce such content for
personal use. Subject to the foregoing, the owner of such content placed on BigBrainFans.com retains
any and all Rights that may exist in such content.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE
BOARDS, UPLOADING SCREENSHOTS/TIPS OR ANY OTHER AREA ON BigBrainFans.com, YOU HEREBY EXPRESSLY
PERMIT BigBrainFans.com TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY
FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU
OTHERWISE NOTIFY BigBrainFans.com IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH
TO BE IDENTIFIED.
7. Third Party Services
You may order services or merchandise through BigBrainFans.com from other persons not affiliated
with BigBrainFans.com ("Seller"). All matters concerning the merchandise and services desired from
Seller, including but not limited to purchase terms, payment terms, warranties, guarantees,
maintenance and delivery, are solely between you and Seller. BigBrainFans.com makes no warranties or
representations whatsoever with regard to any goods or services provided by Sellers. You will not
consider BigBrainFans.com nor will BigBrainFans.com be construed as a party to such transactions,
whether or not BigBrainFans.com may have received some form of revenue or other remuneration in
connection with the transaction or be liable for any costs or damages arising out of, either
directly or indirectly, you or any other person involved or related to the transaction.
8. Membership Username and Password
You are responsible for maintaining the confidentiality of your information and password. You shall
be responsible for all uses of your registration, whether or not authorized by you. You agree to
immediately notify BigBrainFans.com of any unauthorized use of your membership or password.
9. Notification of Any Possible Copyright Infringement
In the event you believe that material or content published on the BigBrainFans.com site may
infringe on another's or your copyright, please send a detailed message to us using the 'Contact Us'
page.
10. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF BigBrainFans.com IS AT YOUR SOLE RISK. BigBrainFans.com IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. BigBrainFans.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
BigBrainFans.com MAKES NO WARRANTY THAT BigBrainFans.com SERVICES WILL MEET YOUR REQUIREMENTS, OR
THAT BigBrainFans.com WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES
BigBrainFans.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TOOLS
ON BigBrainFans.com. BigBrainFans.com WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL
DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF
BigBrainFans.com.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF BigBrainFans.com IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT BigBrainFans.com DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF
ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE SITE. BigBrainFans.com IS NOT RESPONSIBLE FOR
ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
BigBrainFans.com SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN
CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN
BigBrainFans.com. YOUR PARTICIPATION IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM BigBrainFans.com, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
BigBrainFans.com MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH
BigBrainFans.com OR ANY TRANSACTIONS ENTERED INTO THROUGH BigBrainFans.com.
BigBrainFans.com IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS
CONTAINED OUTSIDE THE BigBrainFans.com SITE. As a convenience to our members, we may provide links
to resources which are beyond our control. We make no representations as to the quality,
suitability, functionality or legality of any sites to which we may provide links, and you hereby
waive any claim you might have against BigBrainFans.com with respect to such sites.
11. Limitation of Liability
BigBrainFans.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE BigBrainFans.com OR FOR THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH BigBrainFans.com OR RESULTING
FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF BigBrainFans.com HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Indemnification
You agree to indemnify and hold each of BigBrainFans.com, their affiliates, officers, directors and
employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of your use of BigBrainFans.com, the violation of these Terms of
Service by you, or the infringement by you, or any other subscriber of your account, of any
intellectual property or other right of any person or entity.
13. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State
of Virginia, without giving effect to its conflicts of laws provisions. By registering for or
entering BigBrainFans.com, you consent and submit to the exclusive jurisdiction and venue of the
state and federal courts located in Virginia.
14. Remedies for Breach of these Terms by You
In the event that BigBrainFans.com determines, in its sole discretion, that you have breached any
portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the
community of BigBrainFans.com, BigBrainFans.com reserves the right to (i) warn you via e-mail that
you have violated these Terms of Service; (ii) delete any content provided by you or your agent(s)
to BigBrainFans.com; (iii) delete all content provided by you to BigBrainFans.com ; (iv) discontinue
your membership with BigBrainFans.com; (v) notify and/or send content to and/or fully cooperate with
the proper law enforcement authorities for further action; and/or (vi) any other action which
BigBrainFans.com deems to be appropriate.
If your membership with or ability to access BigBrainFans.com and/or any other service provided to
you by BigBrainFans.com is discontinued by BigBrainFans.com due to your violation of any portion of
these Terms of Service or for conduct otherwise inappropriate for the community of BigBrainFans.com,
then you agree that you shall not attempt to re-register with or access BigBrainFans.com, and/or any
other service provided by BigBrainFans.com through use of a different member name or otherwise. In
the event that you violate the immediately preceding sentence, BigBrainFans.com reserves the right,
in its sole discretion, to immediately take any or all of the actions set forth in subsections (ii),
(iii), (iv), (v) and (vi) above without any notice or warning to you.
15. Miscellaneous
In the event that any provision of the Terms of Service conflicts with the law under which the Terms
of Service are to be construed or if any such provisions are held invalid by a court with
jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated
to reflect as nearly as possible the original intentions of the parties in accordance with
applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any
provision of the Terms of Service or to exercise any right under the Terms of Service will not be
construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon
any such provision or right in that or any other instance, rather, the same will be and remain in
full force and effect.
BigBrainFans.com may assign its rights and obligations under these Terms of Service and upon such
assignment BigBrainFans.com may be relieved of any further obligation hereunder.
You represent to BigBrainFans.com that you have the authority to register with or visit
BigBrainFans.com according to these Terms of Service.
All content, images, and tools contained in the BigBrainFans.com web site
(http://www.bigbrainfans.com) are copyright (c) BigBrainFans.com. The content presented herein may
not under any circumstances be distributed in any way or form without prior written permission from
BigBrainFans.com.
These Terms of Service and any Additional Terms (as such terms shall be identified when posted on
BigBrainFans.com) constitute the entire understanding between the parties as to the subject matter
here of, and supersede all prior agreements and understandings. Any legally unenforceable provision
of these Terms of Service will, at the election of BigBrainFans.com, be deleted or modified to
correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain
valid and enforceable.