Last updated: October 20, 2015

Welcome to the Big White Wall (BWW) web site located at www.bigwhitewall.us (the “Site”). The following Terms of Use (the “Terms”) govern your use of this Site. By accessing, viewing or using the content, material or any services available on or through the site, you indicate that you have read and understand these Terms, that you agree to them, and that you intend to be legally bound by them. If you do not agree to these Terms, or if you are under 18 years of age, or if you were previously suspended from the Site, you may NOT use this Site.

Depending on the sponsor of your use of the Site, you may be required to agree to an alternative terms of use (the “Alternative Terms of Use”). In the event of a conflict between the terms and conditions of this Terms of Use and the terms and conditions of the Alternative Terms of Use, the terms and conditions of the Alternative Terms of Use shall control. You may obtain a copy of the terms of use applicable to your use of the Site by: logging into Big White Wall with your User ID and password and selecting: Account > Content.

Definitions

  • 'House rules' means the House Rules that describe our policies around keeping you and your identity and information safe.
  • Member' means a member of the Site and 'membership' shall be interpreted accordingly.
  • 'Site' means the website located at www.bigwhitewall.us.
  • 'Terms' means the Terms of Use which incorporate our House Rules.
  • 'We' or 'Us' means Big White Wall Holdings Inc., a company registered in Delaware
  • 'You' means you, the user of the Site and 'Y our' and 'Y ourself' shall be interpreted accordingly.

Changes

We reserve the right, at our sole discretion, to change or update these Terms from time to time without further notice, subject to Your termination right as set out below. It is therefore Your responsibility to check these Terms regularly for any changes. We will post the last date of any change to these Terms at the top of this page. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. If You do not agree to abide by these Terms or any future terms You should not continue to use this Site.

Eligibility

You must be 18 years or over to register as a Member. If we discover or have any reason to suspect that You are not over 18 years of age, we reserve Our right to suspend or terminate Your membership to the Site immediately and without notice.

Your promises to us

You confirm that:

  • You are over 18 years of age.
  • All information and details provided by You to Us (including on registration as a Member) are true, accurate and up to date in all respects and at all times.
  • You will comply with these Terms including, without limitation, the restrictions relating to acceptable use set out in the code of conduct section below and in our House Rules.
  • You agree to indemnify Us from any claim or damages (including any legal fees in relation to such claim or damages) made by a third party in respect of any matter in relation to or arising from Your use and Membership or arising from any breach or suspected breach of these Terms by You or Your violation of any law or the rights of any third party.

Your data

Upon registration as a Member, You will select a password and Member name that You can use to access Your profile and to log on to the Members' area of the Site. You are responsible for maintaining the confidentiality of Your password and Member name and are responsible for all activities that occur under them. We do not have the means to check the identity of people using the Members' area of the Site and will not be liable where Your password or Member name are used by someone else. You agree to notify Us immediately of any unauthorized use of Your password or Member name or any other breach of security of which You become aware. You agree to be fully responsible for all use of Your account and for any actions that take place using Your account and to maintain and promptly update any information you provide to Us, to keep it accurate, current and complete.

In order to maintain Your anonymity, You may not use your real name or any other personal identifying data when You use the Site, (including Your address, telephone numbers, e-mail addresses etc.) or the names or personal details of others. We recommend that you identify yourself only by Your user name.

Your content

You are solely responsible for the content You post or create on the site including any bricks and posts in the Talkabout forum. We respect the intellectual property rights of others and We prohibit Members from uploading, posting or otherwise transmitting on the site any materials that violate another party's intellectual property rights. When We receive notification of a potential copyright infringement, We will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers. We may remove content from the site for any reason or no reason, including without limitation content that in Our sole judgment violates these Terms, that might be offensive, defamatory, illegal, or that might violate the rights, harm, or threaten the safety of other Members, or other people in general or content that has generated a complaint which warrants further investigation. You may not post, transmit, or share content on the Site that

You did not create or that You do not have permission to post. You understand and agree that We are not obliged to review the Site for copyright infringement and are not responsible for content posted by third parties without Our knowledge.

When you post content to the Site, You authorize and direct Us to make such copies thereof as We deem necessary in order to facilitate the posting and storage of such content. By posting content to any part of the Site, You grant, and You promise that You have the right to grant, to Us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such content. You may remove Your content from the Site at any time by emailing Us at theteam@bigwhitewall.us.

If you believe that any content or postings on this Site violates your intellectual property or other rights, please notify BWW by email at theteam@bigwhitewall.us with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

Big White Wall content

All content made available on the Site, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement, are Our property or are licensed to Us with all rights reserved. Such content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Our prior written consent. This excludes Your own content that you legally post to the Site.

Subject to the above, You may download insubstantial excerpts of Our content to your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.

Any use of Our content other than as specifically authorized in these terms, without Our prior written consent, is strictly prohibited and will terminate the license granted here. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws. This license is revocable at Our sole discretion, at any time and without notice.

Third party websites and content

Please be aware that the Site may link to other websites that may be accessed by You through the Site. Such third party websites are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any websites You may access via a recommendation or suggestion on the Site. Inclusion of, linking to or permitting the use or installation of any third party website or any third party applications, software or content does not imply approval or endorsement by Us. If You decide to leave the Site and access a third party website or to use or install any third party applications, software or content, You do so at Your own risk. We are not responsible for the data policies, content, privacy, or security of these linked websites.

Code of conduct

We require that You do not:

  • Say or do anything that would cause annoyance, inconvenience, harassment or needless anxiety to others.
  • Advertise or promote third party or Your own products or services including by way of the distribution of spam mail.
  • Use foul, threatening or offensive language including, without limitation, racist, sexist, ageist, homophobic or sexually explicit language where inappropriate.
  • Make insulting remarks to or about other Members or any person generally.
  • Distribute illegal, copyright infringing, indecent or offensive material or any messages or content that may incite disorder or encourage illegal activities or that causes or may cause harm to minors.
  • Impersonate another person or Member or a moderator.
  • Transfer files that contain viruses, trojans or other harmful programs.
  • Use the Site to conduct any fraudulent activity including any 'pyramid scheme'; 'ponzi scheme' or 'chain letter’.
  • Access or attempt to access the accounts of other Members or to penetrate or attempt to penetrate the Site security measures.
  • We may take any or all of the following actions at Our sole discretion:
  • Remove any Member profile (including photographs) or other material that We deem inappropriate or We suspect to be illegal, may subject Us to liability or which may violate these terms or where We are required to do so by law.
  • Issue Members a written warning and take such further action as We deem appropriate if such warnings are not heeded.
  • Suspend or terminate a Member's access to certain area of the Site or a Member's account without notice at any time.
  • Inform the appropriate authorities and provide them with information regarding any suspected illegal activity.
  • Bring legal action against a Member in relation to any breach of these terms or any illegal or suspected illegal activity.

We will determine what action is appropriate to be taken against a Member on a case by case basis.

You are solely responsible for Your interactions with other Members. We reserve the right, but have no obligation, to monitor disputes between You and other Members.

Without limiting any of the foregoing, you also agree to abide by Our House rules that provide further information regarding the authorized conduct of Members while on the Site and which form part of these Terms.

You acknowledge that We may be required by law or regulation to access, monitor, store or copy material sent by or to Members without further notice to You.

Privacy

Your security and that of all our Members is very important to us. Please read Our privacy policy for important information regarding the use of Your personal data and Your rights in relation to this.

Termination

You can cancel your Membership at any time by notifying us at theteam@bigwhitewall.us. You may delete any bricks you have posted on the Site before cancelling your Membership, but please be aware that once You have cancelled your Membership, You will no longer have a profile and will not be able to remove bricks You have posted.

We may terminate your Membership, delete your profile and any content or information that You have posted on the Site and/or prohibit You from using or accessing the Site for any reason, or no reason, at any time in Our sole discretion, with or without notice, including without limitation if We believe that you are under 18.

Medical Advice Disclaimer

THE SITE OFFERS HEALTH INFORMATION FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, THE ADVICE OF A HEALTH CARE PROFESSIONAL. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED THROUGH THE SITE IS SOLELY AT YOUR OWN RISK.

No Warranties

WHILE BWW USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE SITE, BWW MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. BWW ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE, INCLUDING CONTENT PROVIDED BY OTHER MEMBERS. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND BWW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BWW DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BWW DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BWW SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL BWW BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed ten dollars ($10). If you are dissatisfied with the Site, or with any of these Terms, or feel BWW has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.

Complaints and feedback

If You have any complaints about another Member or any aspect of the Site or if You have any questions or would otherwise like to provide any other feedback, then You can contact Us by emailing: theteam@bigwhitewall.us or writing to Us at the address set out at the top of these terms.

Changes: All information posted on the Site is subject to change without notice.

Indemnification: You agree to indemnify, defend and hold harmless BWW, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms or applicable law.

Severability. If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Waiver; Remedies: The failure of BWW to partially or fully exercise any rights or the waiver of BWW of any breach of these Terms by you shall not prevent a subsequent exercise of such right by BWW or be deemed a waiver by BWW of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of BWW under these Terms and any other applicable agreement between you and BWW shall be cumulative, and the exercise of any such right or remedy shall not limit BWW's right to exercise any other right or remedy.

International Access: Our Site is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Site. We make no representations regarding the legality of this Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.

Governing Law. The laws of the State of New York shall govern these Terms. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OR YOUR ACCESS OR USE OF THE SITE.