Terms and Conditions for joining BigLifeAds. AGREEMENT BETWEEN USER AND BigLifeAds.com BigLifeAds.com is a classifieds website containing various web pages for visitors and members. BigLifeAds.com (BLA) web site is offered to you based on your acceptance without modification of the terms, conditions, and notices contained herein. Your acceptance of the terms and conditions of BLA web site constitutes your agreement to all such terms, conditions, and notices. Your use of a particular BLA homepage included within BLA may also be subject to additional terms outlined within the website. The following terms govern all features and offers on the web site. PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE AGREEING TO JOIN BIGLIFEADS.com. By accessing or using this site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not join this Site. MODIFICATION OF THESE TERMS OF USE.
BLA reserves the right to change the terms, conditions, and notices under which the BLA web site and homepages are offered, including but not limited to the charges associated with the use of the BLA web sites and/or homepages. You are responsible for regularly reviewing these terms and conditions. USE OF SITE. PERSONAL, COMMERCIAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, BLA is for your personal, commercial, and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, programming, coding, pictures, products or services obtained from the BLA web sites. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the site solely for your own noncommercial use, or to purchase products from the site. Any other use of materials on this site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this site, without prior written permission of BLA is strictly prohibited. WEB SITE PROCEDURES Harassment in any manner or form on the site or any of the BLA homepages, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a BLA employee, host, or representative or other members or visitors on the site is prohibited. You may not upload, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content or copyright content that is not solely owned by you, unless you have permission from authorized representative on the site. If BLA finds you have violated any of the preceding prohibited actions, BLA reserves the right to terminate your membership without refund. Immediately following your violation and membership termination, all payments to your account from you or your team will cease. Your account will be closed and you will no longer have access to your account. You will be paid for any current sales in your “account balance” (found on the admin page) on the scheduled payment date. NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. BLA respects the intellectual property of others, and we ask our users and visitors to do the same. BLA will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, BLA will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any ad, reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BLA the following information. Please be advised that to be effective, the Notification must include ALL of the following: 1.a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; 2.a description of the copyrighted work that you claim has been infringed; 3.a description of where the material that you claim is infringing is located on the Site; 4.your address, telephone number, and email address and all other information reasonably sufficient to permit BLA to contact you; 5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6.a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claimed copyright infringement should be directed to: Email: info@biglifeads.com
(Please include "Notice of Infringement" in the subject line.) TYPOGRAPHICAL ERRORS. In the event a BLA product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, BLA shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. BLA shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, BLA shall issue a credit to your credit card account in the amount of the incorrect price. TERM of TERMINATION. These terms and conditions are applicable to you upon your accessing the site, uploading banner ads, purchasing or contacting 3rd party advertisers, and/or completing the ‘Registration’ process. These terms and conditions, or any of them, may be modified or terminated by BLA without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination. USER PARTICIPATION. BLA does not and cannot review all communications; materials posted to or created by users accessing the site, user’s actions on the web site or off, and is not in any manner responsible for the content of these communications, actions and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the site, BLA is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site.
BLA reserves the right to block or remove ads and users/members, communications, or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to BLA, at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by BLA in accordance with BLA Privacy Statement.
USER SUBMISSIONS. Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement, any material, information or other communication you transmit, upload or post to this site and will be considered non-confidential and non-proprietary. Upon registration, you will receive a monthly news letter updating you on posted items. You are not obligated to receive the monthly updates and can unsubscribe to the email at any time. BLA will have no obligations with respect to you or any other member or visitor’s communications. BLA and its designers will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes. USER CHAT ROOMS or DISCUSSION BOARDS. BLA may, but is not obligated to, monitor or review any areas on the site where users transmit or post communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such communications. BLA, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise. THIRD-PARTY LINKS. In an attempt to provide increased value to our visitors, this site contains links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with BLA, BLA has no control over these linked sites, all of which have separate privacy and data collection practices, independent of BLA. BLA has no responsibility or liability for these independent web sites, policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Ads and/or links do not imply that BLA sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such external sites. BLA seeks to protect the integrity of its site and users and therefore requests any feedback for ads and links not in accordance with BLA terms and conditions. You should contact the site administrator or webmaster if you have any concerns regarding ads, links, submission or content located on such external Sites. PRODUCT(S), ADS CLAIMS. Claims or statements about the effectiveness, quality of the products and/or services should be submitted to the author, creator, company, and/or person/individual(s) placing ads on the site. BLA takes no responsibility for products advertised on the site. BLA is merely a host for ads and does not sell nor support any products or services advertised on the site. DISCLAIMER. BLA makes no warranties or representations about the accuracy or completeness of ads, content or the content of any site or external Sites. BLA does not filter advertisements or other content that adults or children may view through our sites or linked sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians monitor their children’s activity on BLA, and consider using an electronic filtering software.
THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED BY VISITORS AND MEMBERS, NOT BLA. YOU ARE RESPONSIBLE FOR SEEKING WARRATIES, T&C, POLICIES, AUTHENTICITY, ACCURACY, LIGITIMACY AND RESTRICTIONS FROM THE THRID PARTY ADVERTISER (OWNER/AUTHOR/MERCHANT) OF THE AD. BLA IS NOT LIABLE FOR INFRINGEMENT, COMPUTER VIRUSES, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OF ANY PRODUCTS, SERVICES FROM ADS. BLA DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. LIMITATION OF LIABILITY. IN NO EVENT SHALL BLA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF BLA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless BLA, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account. APPLICABLE LAWS. Your use of this Site shall be governed in all respects by the laws of the state of Colorado, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site shall be in the state or federal courts located in Elpaso County, Colorado. Any cause of action or claim you may have with respect to the site must be commenced within one (1) year after the claim or cause of action arises. BLA 's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. BLA may assign its rights and duties under this Agreement to any party at any time without notice to you. BLA makes no representation that materials in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal or prohibited. Those who choose to access this site from locations outside Colorado do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Colorado. ARBITRATION.
By using this Site, you agree that BLA, at its sole discretion, may require you to submit any disputes arising from the use of this site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute. Any arbitration or action is under the exclusive jurisdiction of the State of Colorado, Colorado Springs, El Paso County and must be filed in Colorado. Any attempt to file for arbitration or legal action outside of Colorado, will be grounds for Dismissal of said action and award of attorney's fees and sanctions. GENERAL.
BLA may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. SITE INFO. Please note that BLA does business only in the State of Colorado. BLA does not own or operate any of the other facilities outside of Colorado. |