Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer byNextBigWhat, acceptance is expressly limited to these terms.
Copyright Infringement and DMCA Policy. AsNextBigWhat asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to byNextBigWhat violates your copyright, you are encouraged to notifyNextBigWhat (via contact form) in accordance with Digital Millennium Copyright Act (“DMCA”) Policy.NextBigWhat will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.NextBigWhat will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights ofNextBigWhat or others. In the case of such termination,NextBigWhat will have no obligation to provide a refund of any amounts previously paid toNextBigWhat.
Intellectual Property. This Agreement does not transfer fromNextBigWhat to you any NextBigWhat or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely withNextBigWhat.
Changes. NextBigWhat reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.NextBigWhat may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Disclaimer of Warranties. The Website is provided “as is”.NextBigWhat and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. NeitherNextBigWhat nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.
Limitation of Liability. In no event willNextBigWhat, or its suppliers or licensors or advertisers, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to NextBigWhat under this agreement during the twelve (12) month period prior to the cause of action.NextBigWhat shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
By using the hub and discussion forms, you are liable for any legal issues arising out of your discussions.
Indemnification. You agree to indemnify and hold harmless NextBigWhat, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.