Date of Last Revision: December 12, 2009
By using or accessing Bigshot Hotshot, you agree to this Statement.
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Privacy
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Bigshot Hotshot to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.
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Sharing Your Content and Information
You own all of the content and information you post on Bigshot Hotshot. In addition:
- For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Bigshot Hotshot("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you publish content or information, it means that everyone will have access to that information and we may not have control over what they do with it.
- We always appreciate your feedback or other suggestions about Bigshot Hotshot, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
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Safety
We do our best to keep Bigshot Hotshot safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
- You will not send or otherwise post unauthorized commercial communications (such as spam) on Bigshot Hotshot.
- You will not collect users' content or information, or otherwise access Bigshot Hotshot, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
- You will not offer any contest, giveaway, or sweepstakes ("promotion") on Bigshot Hotshot without our prior written consent.
- You will not use Bigshot Hotshot to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of Bigshot Hotshot, such as a denial of service attack.
- You will not facilitate or encourage any violations of this Statement.
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Registration and Account Security
Bigshot Hotshot users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Bigshot Hotshot, or create an account for anyone other than yourself without permission.
- You will not use your personal profile for your own commercial gain.
- You will not use Bigshot Hotshot if you are under 18.
- You will not use Bigshot Hotshot if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
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Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on Bigshot Hotshot that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on Bigshot Hotshot if we believe that it violates this Statement.
- You will not use our copyrights or trademarks.
- If you collect information from users, you will: obtain their consent, make it clear you (and not Bigshot Hotshot) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
- You will not post anyone's identification documents or sensitive financial information on Bigshot Hotshot.
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Amendments
Bigshot Hotshot may occasionally update this Statement to reflect company and customer feedback as well as for legal and administrative reasons. Bigshot Hotshot encourages you to periodically review this Statement to be informed of how Bigshot Hotshot is protecting your information.
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Termination
If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of Bigshot Hotshot to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5.
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Disputes
- If anyone brings a claim against us related to your actions, content or information on Bigshot Hotshot, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- WE TRY TO KEEP BIGSHOT HOTSHOT UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING BIGSHOT HOTSHOT "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT BIGSHOT HOTSHOT WILL BE SAFE OR SECURE. BIGSHOT HOTSHOT IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR BIGSHOT HOTSHOT, EVEN IF WE HAVE 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 SUCH CASES, BIGSHOT HOTSHOT'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
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Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
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Definitions
- By "Bigshot Hotshot" we mean the features and services we make available through our website at bigshothotshot.com and any other Bigshot Hotshot branded or co-branded websites (including sub-domains).
- By "us", "we" and "our" we mean Plan A Software, LLC.
- By "information" we mean facts and other information about you, including actions you take.
- By "content" we mean anything you post on Bigshot Hotshot that would not be included in the definition of "information."
- By "data" we mean content and information that third parties can retrieve from Bigshot Hotshot.
- By "post" we mean post on Bigshot Hotshot or otherwise make available to us.
- By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
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Other
- This Statement makes up the entire agreement between the parties regarding Bigshot Hotshot, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.