Effective Date: April 27, 2018
User Name and Password. If you register for an account on the Site, you must provide BHP with your current, complete, and accurate information. Your user name and password may only be used by you. You are responsible for keeping your user name and password confidential and you may not authorize any third party to use them. You agree that BHP may attribute all use of your user name to you and that you are responsible for all activity that occurs under your account. Please notify BHP immediately at: email@example.com if the security or your user name or password has been compromised.
Social Networking Services. BHP may permit you to register for and authenticate your account through a third party social networking service, such as Facebook or Twitter ("Social Networking Service"). By registering and authenticating your account using a Social Networking Service, you agree that BHP may access your account information from the Social Networking Service. You are solely responsible for your relationship with the Social Networking Service.
3. Third Party Websites and Links; Additional Terms.
4. Permitted Use and Distribution.
You may copy or distribute the materials that appear on the Site only for non-commercial purposes, specifically, for research, teaching, learning, and other similar purposes. You may not use the Site materials for any commercial purpose or in any manner that disparages or discredits any person. All distributed copies must display the following copyright notice: Copyright Big History Project, LLC. Permission to copy or distribute any materials that appear on the Site that are owned or copyrighted by others must be obtained from the third party that owns such content.
5. Links, Frames, and Metatags.
You may link to the home page of the Site as long as you do not do so in a false or misleading manner. You may not frame the content of the Site. You may not use metatags or any other "hidden text" that incorporates the Site's contents without BHP's express written consent.
6. Site Availability.
You may access the Site if and when it is available. BHP does not guarantee availability of the Site or of materials on the Site. The Site may occasionally be down for service, upgrades, or for other reasons. To the maximum extent authorized under applicable law, BHP reserves the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Site at any time and without notice.
7. Site Support.
BHP has no obligation to provide support in relation to the Site, materials on the Site, or your account.
BHP reserves the right to terminate content, the Site, or access to the Site at any time, without notice, for any reason, including for your violation of any of the provisions of these Terms. All provisions which by their nature are intended to survive termination shall so survive, including without limitation, Sections 9, 10, 11, 12, 13, 18 and 19.
9. Disclaimer of Warranties.
THIS SITE, INCLUDING TEXT, GRAPHICS, LOGOS, AUDIO AND VIDEO CLIPS, PHOTOGRAPHS, AND OTHER CONTENT, IS PROVIDED AS IS, AS AVAILABLE, AND WITH ALL FAULTS, AND WE DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SITE. ALTHOUGH WE WILL TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, WE DO NOT GUARANTEE OR WARRANT THAT THE SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SITE ARE FREE FROM SUCH FEATURES.
10. Limitation of Liability.
11. Exclusion of Certain Damages.
IN NO EVENT SHALL BHP BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE OR THESE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DAMAGE LIMITATIONS SUCH AS THE LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED. IF YOU LIVE OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF ANY LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.
12. Limitation of Direct Damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTION 11, BHP'S MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS OR THE SITE SHALL BE LIMITED TO FIVE DOLLARS ($5.00). THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS OR THE PROGRAM WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.
You hereby agree to defend, indemnify, and hold BHP and its affiliates, and their respective directors, officers, members, managers, employees, agents, partners, suppliers, and licensors (“Indemnified Persons”) harmless and will keep them indemnified from any third party claim or demand, including reasonable attorneys' fees, relating to, arising from, or allegedly arising from (a) your use of the Site and activities occurring under your user name; (b) any violation of these Terms; or (c) your violation of any other party's rights or applicable law.
14. Copyright Infringement.
If you believe that your work has been used on our Site in a way that constitutes copyright infringement, you should send written notice thereof, in accordance with the provisions of the Digital Millennium Copyright Act ("DMCA") to our Designated Copyright Agent, who can be reached as follows:
Big History Project, LLC
c/o PTSGE Corp.
925 4th Ave., Suite 2900
Seattle, WA 98104
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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 us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address;
- A statement that the complaining party has 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Site infringes your copyright, we suggest that you contact an attorney prior to sending notice.
BHP may give you all required notices (including legal process) by any lawful method, including by posting notices on the Site or by sending notice to any email address you provide to BHP. You agree to send notices to BHP by mailing them to the following address:
Big History Project, LLC
c/o PTSGE Corp.
925 4th Ave., Suite 2900
Seattle, WA 98104
16. Modification to these Terms.
BHP reserves the right to change these Terms at any time, in our sole discretion, upon notice to you. We may give notice by posting updated Terms on the Site, sending you an email, or by any other reasonable means.
17. Copyright and Trademarks.
BHP owns or licenses the copyright in all the materials on the Site, including text, photographs, graphics, logos, button icons, audio, video and software. Those rights are protected by United States and international copyright laws and other intellectual property laws. "Big History Project" is a registered trademark of BHP and may be used only with our written permission. If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, or otherwise violates any of your intellectual property rights, please contact us as described in the "Copyright Infringement" section above.
18. Governing Law and Exclusive Jurisdiction and Venue.
These Terms and your use of the Site is governed by the laws of the State of Washington as applicable to contracts made and performed there, without reference to its conflict of laws provisions. You expressly agree that jurisdiction and venue for any dispute relating to or arising from these Terms, the Site, or the materials on the Site will reside in the State and Federal Courts of King County, Washington.
19. INTERNATIONAL USE.
BHP’s servers and operations are located primarily in the United States and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information (including Submissions and Personal Data) to and in the United States and/or other countries; (ii) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or use the Services; and (iii) you agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject BHP or its affiliates to any registration requirement within such jurisdiction or country.
If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect. Section titles are only for convenience and have no legal or contractual significance. BHP may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your account. If, at any time, BHP fails to respond to a breach of these Terms by you or others, such failure will not waive BHP's right to act with respect to subsequent or similar breaches. A waiver will only be binding on BHP if it is in writing and signed by BHP. These Terms (including any incorporated terms or policies) constitute the entire agreement between you and BHP with respect to your account, the Site, and materials on the Site. Both you and BHP warrant to each other that, in entering these Terms, neither BHP nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and BHP, Indemnified Persons or successors and permitted assigns of the foregoing, will have any right to enforce any of these Terms. YOU AND BHP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR SITE MATERIALS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
21. Comments and Questions.
If you have questions, comments or concerns about the Site, including about the materials appearing on the Site, please contact us at: firstname.lastname@example.org.