Last Updated Date: July 5, 2019
Welcome to Big Think Edge:
Big Think Edge may, at any time, modify, withdraw or suspend any content or functionality on or associated with the Services in its sole discretion, with or without notice, including the cessation of all activities associated with the Services. Big Think Edge shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. We have no obligation to retain any of your information for any period of time beyond what may be required by applicable law.
Big Think Edge may terminate your use of the Services at any time without notice, for any or no reason, in its sole discretion.
Intellectual Property Rights:
Use of the Services and the Content:
Registering for the Services:
You may never use another user’s account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You must ensure that you exit from your account at the end of each session when accessing the Services. Big Think Edge will not be liable for any loss or damage arising from your failure to comply with this section.
Payment and Pricing:
Big Think Edge reserves the right to change our pricing structure at our sole discretion. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount.
If you select a fee-based Service(s) with an auto renewal feature (“Renewal Subscription”), you authorize Big Think Edge to maintain your payment account information and charge that account automatically upon the renewal of the Services you choose with no further action required by you. In the event that Big Think Edge is unable to charge your account as authorized by you when you enrolled in a Renewal Subscription, Big Think Edge, may, in its sole discretion: (i) bill you for your Service(s) and suspend your access to the Service(s) until payment is received, and/or (ii) seek to update your account information through third party sources to continue charging your account as authorized by you.
Big Think Edge may change the price for Renewal Subscriptions at its discretion and will communicate any price changes to you in advance. Price changes for Renewal Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Services after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Renewal Subscription before the price change goes into effect.
Payments are nonrefundable and there are no refunds or credits for partially used periods. You may cancel a Renewal Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, you will continue to have access to the Service(s) through the end of your current subscription period.
Money Back Guarantee:
You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments, messages, reviews, text, video, audio, photographs, computer code, and applications) (each, a “User Submission”) may be edited, removed, modified, published, transmitted, and displayed by Big Think Edge and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you.
You hereby represent and warrant that any material contained in any User Submission(s):
1. Is owned by you, or you have the necessary licenses, rights, consents, and permissions to use and authorize Big Think Edge to use the content contained in each such User Submission;
2. Is not unlawful, obscene, fraudulent, indecent or pornographic; does not defame, abuse, harass, or threaten others; and is not hateful or racially, ethnically or otherwise objectionable;
3. Does not contain any software viruses, Trojan horses, worms, bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
4. Does not advocate or encourage any illegal activity or activity that might give rise to civil liability;
5. Does not infringe the copyright, patent, trademark, trade secret, right of publicity or other intellectual property, proprietary, contracted, personal or other right of any third party;
6. Does not violate the privacy rights of individuals, including other users of the Services; and
7. Does not violate any applicable local, state, national or international law.
By submitting User Submission(s) to Big Think Edge, you hereby grant Big Think Edge a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to access, use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submission(s) in connection with the Services and Big Think Edge’s business.
Big Think Edge does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, nor are we responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You agree that Big Think has no liability with respect to any User Submissions, including, without limitation, your own submissions, and you hereby irrevocably release Big Think and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Submissions or any part thereof.
Big Think Edge may, but has no obligation to, monitor, review, or edit User Submissions. In all cases, Big Think Edge reserves the right to remove or disable access to any User Submissions for any or no reason, including User Submissions that, in Big Think Edge’s sole discretion, violates the Agreement. Big Think Edge may take these actions without prior notification to you or any third party. Removal or disabling of access to User Submissions shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Submissions.
Third Party Applications, Devices, Websites and Content:
The Services may interact with third party applications, websites, and services (“Third Party Applications”) and third party Devices. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Big Think Edge does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or Device or for any transaction you may enter into with the provider of any such Third Party Applications and Devices, nor does Big Think Edge warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Services.
The Services may link to pages on other websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites to which the Services links, and that link to the Services. Big Think Edge does not have any control over those third party websites and webpages, and is not responsible for their contents or their use. By linking to third party website or webpage, Big Think Edge does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
Under no circumstances will Big Think Edge be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. Big Think Edge and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
International Use and Export Controls:
The Services are controlled and offered by Big Think Edge from its facilities in the United States. Big Think Edge makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
This Agreement is made subject to any restrictions concerning the export of products or technical information from the United States or other countries that may be imposed from time to time. You agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Big Think Edge under the Agreement to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
We do not permit copyright infringing activities and infringement of intellectual property rights on our Services. If you believe that any Content, User Submission, or other content infringes upon your copyrights, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
3. 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 the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have 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
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Big Think Edge's designated Copyright Agent to receive notifications of claimed infringement is: [Peter Hopkins: peter [--at--] bigthink [---dot--] com.
Please direct any complaints unrelated to the potential infringement of intellectual property rights to email@example.com. Once proper bona fide infringement notification is received by the Copyright Agent, it is Big Think Edge's policy:
1. to remove or disable access to the infringing content;
2. to notify the content provider, member or user that it has removed or disabled access to the content; and
3. that repeat offenders will have the infringing content removed from the system and that Big Think Edge will terminate such content provider's, member's or user's access to the service.
Disclaimer of Warranties:
THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) ARE PROVIDED ‘AS IS' AND 'AS AVAILABLE’ AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. BIG THINK, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability:
IN NO EVENT SHALL BIG THINK EDGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, OR ANY THIRD PARTY WEBSITES (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (VI) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BIG THINK EDGE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND BIG THINK EDGE REGARDING ANY ASPECT OF THE SERVICES.
CLASS ACTION WAIVER:
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND BIG THINK EDGE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Big Think Edge agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.