PLEASE READ THIS USER AGREEMENT (THE "AGREEMENT") CAREFULLY BEFORE USING THIS SERVICE.
You will be referred to from time to time as "User" in this Agreement. The person who initially registers for the Service may also be referred to as the "Parent Account" in this Agreement. "Account" means the account registered to any User, including any family User account established by the Parent Account, pursuant to the registration procedures for the Service. The terms of this Agreement apply to all User, whether or not they are the Parent Account. The Parent Account is responsible for making the User (and anyone else they may allow to participate using their Account) aware of the terms of this Agreement and for ensuring compliance. The Parent Account for an Account is entirely liable for all activities conducted through that Account.
We may change, modify, suspend, or discontinue any aspect of the Service at any time, including, without limitation, the availability of any Service feature, database or content, hours of availability, or equipment needed to access the Service. We may also impose limits on certain features or restrict your access to parts or all of the Service, for extended periods of time, without notice or liability. User is solely responsible for and must provide all computer and other equipment necessary to access the Service, including without limitation Internet access software and modems.
RESTRICTIONS ON USE OF MATERIALS
All materials published by S1G (including, but not limited to, informational resources, photographs, images, illustrations, audio clips, and video clips (collectively, "Content") are protected by copyright, and owned or controlled by S1G. You shall abide by all copyright notices, information, or restrictions contained in any Content accessed through the Service.
The Service is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. No material from the Service or any Web site owned, operated, licensed, or controlled by S1G may be copied, reproduced, republished, uploaded, posted, or transmitted, nor may derivative works be created from them or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that you keep intact all copyright and other proprietary notices. Using our Content for any other purpose is a violation of our copyright and other proprietary rights. For purposes of this Agreement, using any of our Content on any other Web site or networked computer environment is prohibited. You may not sell or auction any S1G characters, items, or copyrighted material.
We hereby grant to you a non-exclusive, limited license to use the Software solely in connection with the Service via an authorized Account. You own the medium on which you view the Software, but we retain full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. You may not use any third party software to modify the Software or the Service. You may not use our intellectual property to create or provide any other means through which the Service may be played by others, as through server emulators. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure.
REPRESENTATIONS AND WARRANTIES
The Parent Account represents, warrants, and covenants (a) that no materials of any kind submitted through your Account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; (c) the Parent Account and all Users will fully comply with the terms of this Agreement. You, the Parent Account, hereby indemnify, defend, and hold S1G, its parent and affiliated companies, and all officers, directors, owners, agents, information providers, affiliates, licensers, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any User on your Account or any user of your Account of this Agreement or the foregoing representations, warranties, and covenants, including, without limitation, reasonable attorneys' fees. The Parent Account shall use best efforts to, and shall ensure that all Users on that Account cooperate with S1G in the defense of any claim. S1G reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Parent Account.
S1G does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any User, information provider, or other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. S1G reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Service.
THE MATERIALS IN THIS SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, S1G DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. S1G DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. S1G DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WITHOUT LIMITATION OF THE FOREGOING, YOU ACKNOWLEDGE THAT, AS A SERVICE TO USERS OF THE S1G SERVICE, WE INCLUDE LINKS TO OTHER WEB SITES ON THE WORLD WIDE WEB PORTION OF THE INTERNET AND THAT S1G HAS NO CONTROL OVER, AND MAKES NO REPRESENTATIONS OF ANY KIND WHATSOEVER, REGARDING THE CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH WEB SITES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH WEB SITES.
Further, S1G explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from S1G's BigIQkids.com from third parties not associated with S1G. S1G encourages discretion when browsing the Internet using our or anyone else's service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, S1G cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites. S1G cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from S1G's BigIQkids.com, since other channels are owned and operated by independent retailers. S1G does not endorse any of the merchandise, nor has S1G taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. S1G does not make any representations or warranties as to the security of any information including, without limitation, credit card and other personal information you might be requested to give any third party and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL S1G BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SERVICE OR ANY OTHER WEB SITE, EVEN IF S1G OR A S1G AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL S1G'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE.
As part of the registration process, each User, including every person with a family User subaccount, will select a password and User Name ("User Name"). You shall provide S1G with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your Account and/or your family User Account. You may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a User Name that S1G, in its sole discretion, deems inappropriate or offensive.
Each Parent Account must be 18 years or older to establish an Account; however, you may also establish subaccounts for family Users of all ages, and each such Account shall be governed by the terms of this Agreement. If S1G becomes aware that a Parent Account is under the age of 18, S1G reserves the right to cancel the Account. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at S1G's sole discretion, and you may be reported to appropriate law-enforcement agencies.
If you have reason to believe that your Account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your User Name, password, or any credit, debit, or charge card number stored on the Service), you must promptly change your password and notify S1G of the problem (by notice given as described in the Notice section below) to avoid possible liability for any unauthorized charges to your Account.
PRICE AND PAYMENT
BigIQkids.com is a fee service. S1G reserves the right to offer special offers of the Service and to provide the Service at no charge for promotional reasons or otherwise.
The Parent Account will submit and maintain a correct e-mail address and other Account information. We may give notice to the Parent Account by means of a general notice on the Service, electronic mail to your e-mail address on record in our Account information, or by written communication sent by first-class mail to your address on record in our Account information. You may give notice to S1G. Such notice shall be deemed given when received by S1G at any time by electronic mail at admin@BigIQkids.com.
NON-TRANSFERABILITY OF USERSHIP
S1G grants to you a personal, nonexclusive, nonassignable, and non-transferable license to use and display the BigIQkids.com Software on any machine(s) of which you are the primary user. Unauthorized copying of the Software or duplication of the Software in any manner, including software that has been modified, merged, or included with the Software, or the written materials associated therewith, is expressly forbidden. You acknowledge that you may not sublicense, transfer, sell, or assign this license or the Software. Any attempts to sublicense, transfer, sell, or assign the license are void.
This Service is controlled and operated by S1G from its offices within the State of New York, United States of America. S1G makes no representation that materials in the Service are appropriate or available for use in other locations. Those who choose to access this Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Service is further subject to United States export controls. No Software from this Service may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
TERMINATION OF SERVICE
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing other than as provided below.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral, between S1G representatives and you. S1G may amend or modify this Agreement or impose new conditions at any time upon notice from S1G to you as described in the Section titled “Notice” above. Any use of the Service by you after such notice shall be deemed to constitute acceptance by User of such amendments, modifications, or new conditions.