bigFAIL Terms of Use

By using bigFAIL.com (owned and operated by Mojo Networks, LLC) ("this site"), which may include, but not limited to, photo posting and manipulation, video posting, comments, message boards/forums, and any other public posted content areas ("public content"), you accept and agree to be bound by the following terms and conditions ("agreement"), and also agree that nothing in this agreement shall be interpreted to confer any rights on third parties of any type. Public information on this site, which includes anything the other members of this site can see (such as photos, videos, comments, message board posts, blogs, your profile, etc.), may be seen by anyone in the public (members and non-members) and is considered in the public domain. Search engines may also crawl and index this content.

Summary of Terms of Use (Incorporated into this agreement)

A. You agree to provide true and correct information about yourself on this site.

B. You agree not to use this site for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene, torturous, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another. This site reserves the right to edit or remove any information you transmit to this site, or remove your membership of this site, or right of use of this site, at any time for any reason.

C. You agree not to use this site for the transmission of "junk mail," "spam," "chain letters," or unsolicited mass distribution of email or for any commercial purposes.

D. You agree to be responsible for your interactions with other users of this site. You agree that this site is not responsible or liable for content posted on the service by third parties or members or the conduct of any member.

E. Most of the content in the Public Content is created, provided by, and is the responsibility of the person(s) who post the public content. This site is not obligated to monitor or pre-approve the content, and this site takes no responsibility for such content. We provide the Public Content as a service to you. It is possible that content that may be offensive, inaccurate, harmful, mislabeled, inaccurate, or in other ways inappropriate. It us up to you as a user to use common sense and sound judgement when using our Public Content. Please be cautious!

F. The is site does not guarantee, support, or endorse in any way the content of the Public Content. Any reliance by you on any posting on the Public Content is solely AT YOUR OWN RISK.

You may always report any violations you see of this agreement, or any questions you have about this agreement, to our abuse department.

Terms of Use

Please be sure to consult all our Legal Documents in regards to this site, especially the Copyright Tips section about proper use of Copyrighted materials. When you upload a photo to our site, you agree to only use it in a Legal manner - thus, reading these Copyright Tips about proper use of Copyrighted materials is very important!

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS & CONDITIONS

   This site is owned and operated by Mojo Networks, LLC, a Florida Limited Liability Company. This site is provided to you under the terms and conditions of this agreement and any changes or amendments made to this agreement in the future, as well as this sites operating rules and/or policies (collectively, the “Agreement”). This Agreement applies to all services of this site, separately and as a whole.

   YOU AGREE TO THIS AGREEMENT BY USE OF THIS SITE. ALSO, BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE CHECKBOX LABELED "I HAVE READ AND UNDERSTOOD THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS", YOU REPRESENT AND WARRANT THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ANY OTHER ADDITIONAL RULES THAT APPLY TO MEMBERS

2. MEMBER'S REGISTRATION INFORMATION

   As a condition of use of this site, you agree to provide true, accurate, current and complete information about yourself, and to update this data if any of your information changes. If any information provided by you is untrue, inaccurate, not up-to-date or incomplete, this site has the right to terminate your account and refuse any and all current or future use of this site. Additionally, unauthorized use of this site for commercial purposes may result in legal action against both your company and you personally. If you would like to advertise on this website, please communicate to us via our Contact Us section, or target this site using Google Adsense.

3. MEMBER INFORMATION

   This site considers non-public member account information, including but not limited to information provided during the registration process and e-mail communications transmitted through this site, to be private information. This site will not disclose such information to any third parties without your consent, except that you agree that this site may do so in the good faith belief that such action is reasonably necessary: (a) to comply with the law; (b) to comply with legal process, any police or similar authorities investigation, or to investigate any abuse or illegal activity which we verify in an account; (c) to enforce this Agreement; (d) to respond to claims that such content violates the rights of third-parties; (e) to protect the rights or interests of this site; or (f) to protect the rights or interests of this site users or others.

   Public information on this site, which includes anything the other users of this site can see (such as comments, posted photos, posted videos, message board posts, blogs, your profile, etc.), may be seen by anyone in the public (members and non-members) and is considered in the public domain. Search engines may also crawl and index this content.

   We are a free to use web site, and rely heavily on advertising to exist. Without ad dollars, our site would have to be disbanded. However, we do not share your private information with any advertiser, except in the case you opt-in to learn more about the advertiser. This can only be done with your specific intent. The one thing we may use is demographic information to display relevant advertising on our web site. We take your privacy seriously, and will do our best to respect your wishes if you make them known.

   An exception to the above includes any type of testimonial sent to the site. Testimonials may be used on this site or on any other media or network which is used to promote the site. Your username and/or real name may also be linked to your testimonial unless you specifically tell us you would like to opt out of including your name/username.

   You understand and agree that this site may access the content of your account in order to identify and resolve technical problems or service complaints, or for other reasonable purposes to operate this site.

4. MODIFICATIONS TO MEMBERSHIP AGREEMENT

   This site may change the Agreement from time to time. Your continued use of this site after such notice constitutes your acceptance of any such changes.

5. MODIFICATIONS TO SERVICE

   This site reserves the right to modify or discontinue, temporarily or permanently, this site or parts of this site without notice to you. You agree that this site shall not be liable to you or any third party for any modification or discontinuance of this site.

6. USER CONDUCT

   You agree to be solely responsible for the contents of your profile, emails, chat room messages, message board postings, photos, videos, comments, or any other transmissions to or through this site and for your interactions with other users of this site.

   You agree not to create user accounts by automated means or under false or fraudulent pretenses.

   You agree to abide by all applicable local, state, national, and international laws and regulations in your use of this site, and agree not to attempt to gain unauthorized access to other computer systems or networks through this site.

   You also agree not to interfere with the use and enjoyment of the Site by other users.

   You agree not to transmit any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind.

   You agree not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another.

   You agree not to transmit "junk mail," "spam," "chain letters, " or unsolicited mass distribution of email, or to use this site for any commercial purposes.

   You agree not to include in your public profile any telephone numbers, street addresses, last names, URLs, or email addresses. This site reserves the right, but has no obligation, to reject or remove any profile or photo or video or any other postings, either partially or in full.

   You agree that all posts on our site of public content will appear with your Profile Username on it.

   You agree not to impersonate any other person in your use of this site.

   You agree not to resell your membership or any services of this site.

   You agree not to restrict or inhibit any other user from using and enjoying the Public Content.

   You agree not to use the Public Content for any illegal or unauthorized purpose.

   You agree not to remove remove any copyright, trademark or other proprietary rights notices contained in or on the Public Content, including this site's logo.

   Non-United States users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence;

   WE DO COOPERATE WITH OFFICIAL POLICE INVESTIGATIONS AND COURT/LAWSUIT RELATED DEMANDS (which may include, but is not limited to, court orders, subpoenas, document requests, etc.)

   While this site prohibits such conduct and Content in connection with the Public Content, you understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use the Public Content at your own risk.

7. VIEWING OF PUBLIC CONTENT

   When viewing Public Content on this site, you have the following responsibilities:

   You understand that all data, text, information, links and other content ("Content"), whether posted in public or private groups, is the sole responsibility of the person from which such Content originated. This means that you, and not this site, are entirely responsible for all Content that you publish, post, upload, distribute, disseminate or otherwise transmit ("Post") to our site. You understand that by using our Public Content, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will this site be liable in any way for any Content, 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 Content Posted via our Public Content. 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.

   You acknowledge that this site does not pre-screen, control, edit or endorse Content made available through the Public Content and has no obligation to monitor the Content Posted via the Public Content. If this site discovers Content that does not appear to conform to the agreement, this site may investigate and determine in good faith and in its sole discretion whether to remove the Content. This site will have no liability or responsibility for performance or non-performance of such activities.

8. USE OF PUBLIC CONTENT

   This site has no liability or responsibility for any problems with the storage of transmitting of public content, and we can limit the use and/or storage in this site's sole discretion at any time, no notice required.

   This site (and any of its affiliates or licensors or related companies) shall own and retain all rights in the Public Content, which contains proprietary and confidential information that is protected by applicable intellectual property and other laws, whether they be of the United States or International intellectual property laws. Except as expressly authorized by this site, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of this site's proprietary information - note however that we do allow many authorized uses of republishing, sharing, and other uses of our Public Content.

   By posting on the Public Content you are granting us perpetual permanent free license for us to use your posting in public areas of this site at our discretion, as well as to allow Public Content to be used by a limited license by any other Internet user to post on other websites and other such uses of republishing the content on the Internet, clickable back to this site. Note that public areas of this site may be crawled and indexed by search engines or other web sites or services. You represent and warrant that you have all the intellectual property rights or any other necessary rights, power and authority necessary to grant the rights granted herein to any content that you post on this site.

   This site claims no ownership or control over any Content submitted, posted or displayed by you on or through the Public Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any content you submit, post or display on or through the Public Content and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through the Public Content, you grant this site a worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the Public Content, this site as a whole, or any other site owned and/or operated by Mojo Networks, LLC, except as delineated in our Public Content limited license as noted in our this Agreement and other areas of the agreements of this site. This site reserves the right to syndicate Content submitted, posted or displayed by you on or through the Public Content and use that content in connection with other services offered by this site and/or Mojo Networks, LLC.

9. DIGITAL MILLENNIUM COPYRIGHT ACT

   Please review our DMCA statement in our copyright statement of this site for appropriate notice counter-notice procedures.

10. GENERAL PRACTICES REGARDING USE AND STORAGE

    You agree that this site has no responsibility or liability for the deletion or failure to store any Content maintained or Posted by or through the Public Content. You acknowledge that this site has set no fixed upper limit on the number of postings you may send or receive through the Public Content. This site retains the right to create any type of limit at any time with or without notice, for individuals, certain groups or classifications of individuals, or all users as a whole.

11. LINKS

    The Public Content may contain links to other World Wide Web sites or resources. Because this site has no control over such sites and resources, you acknowledge and agree that this site is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content on or available from such sites or resources. You further acknowledge and agree that this site shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content available on or through any such site or resource. THERE ARE MANY SCAMS ON THE INTERNET - BE WARY AND BE CAREFUL!

12. TERMINATION

    You agree that this site may, in its sole discretion, terminate or suspend your access to all or part of this site for any reason, including, without limitation, breach of this Agreement or any subsequent modifications, or attempted assignment of your account by you. You acknowledge and agree that termination may be effected without prior notice, and acknowledge and agree that this site may immediately delete files in your account and bar any further access thereto.

    This site shall not be liable to you or any third party for the termination of your membership or use of the site or any claims related to the termination of your membership or use of this site. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your account or use of this site and may be referred to appropriate law enforcement authorities.

    Should you object to any terms and conditions of this Agreement, or any subsequent changes to this Agreement, or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue and terminate your membership or use of this site.

13. DEALINGS WITH ADVERTISERS, VENDORS & OTHER THIRD PARTIES

    This site does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from third parties. You agree not to hold this site liable for any loss or damage of any sort incurred as the result of the presence, availability or non-availability of the advertisers, partners, vendors or other third parties available on or through this site, or as the result of any dealings with such parties, including but not limited to attendance at events advertised or purchase or use of goods or services offered on or through this site.

14. PROPRIETARY RIGHTS

    You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to you by this site, its partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to download and print this material and information for your personal, non-commercial use or as expressly authorized by this site, its partners or advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization.

    You acknowledge and agree that any material you post in any areas on this site, including photos, videos or other images or other content, that are accessible to the public or this site's membership, in whole or in part, will be treated as non-confidential and non-proprietary and this site may use such material in any medium for any purpose, including but not limited to the reproduction, disclosure, transmission, publication, broadcast and posting of such material in advertising and promotions. Such use of such items may also be used by other users of this site using the links we provide users to share content on our site (example: We allow users of our site to use code to include photos or videos on our site on other websites). Use of the links we provide on this site is a limited license for you to use to share our content on other websites, and such sharing must include the content from our website in unaltered form and clickable back to the source image on our web site.

15. DISCLAIMER OF WARRANTIES This site and the materials available on or through this site are provided "as is" and "as available" and without warranties or conditions of any kind either expressed or implied. To the fullest extent permissible under applicable law, this site disclaims all warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of merchantability, merchant quality, correspondence to description and fitness for a particular purpose. This site does not represent or warrant that this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available, are free of viruses or other harmful components. This site does not represent or warrant that the materials or the results of the use of the materials available through this site or from third parties will be correct, accurate, timely, reliable or otherwise.

    THE PUBLIC CONTENT AND ALL OTHER CONTENT, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR CONTENT OBTAINED OR ACCESSED THROUGH THE SERVICE), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. THE MATCHDOCTOR ENTITIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING,WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.

    NOTE: YOU AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.

16. LIMITATION OF LIABILITY To the fullest extent permissible under applicable law, this site shall not be liable under any circumstances, including but not limited to negligence, for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use this site, any changes to this site, unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through this site, irregardless if this site has or has not been advised of the possibility of such damages. You specifically agree that this site is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with this website, the materials available on or through this site, or with any of this site's terms and conditions, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE USE OF THIS SITE (except for alleged copyright violations, which must follow the procedures in our DMCA statement).

    Such limitation of liability shall apply (1) whether the damages arise from use or misuse of and reliance on the service, from inability to use the content of this site or from the interruption, suspension, or termination of the service (including such damages incurred by third parties), and (2) notwithstanding any failure any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

    UNDER NO CIRCUMSTANCES SHALL THIS SITE BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1000.00).

    WE IN NO WAY GUARANTEE THE CONTENT OF THIS SITE, ESPECIALLY THAT CONTENT THAT DOES VIOLATE THIS AGREEMENT CAN BE REMOVED IN A TIMELY MANNER.

    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES, CONDITIONS OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS IN THIS SECTION OR AGREEMENT MAY NOT APPLY TO YOU.

    Additionally, as our site's main focus is users posting up photo and video content, and users are certifying to us they have the proper rights to grant us a license to use those photos and video content as outlined in this agreement, we are not responsible in any way if someone does not have the rights they allege to have in any content posted on our site. If you have a copyright or any other such complaint, as this site is covered under the DMCA (Digital Millennium Copyright Act), please follow the proper DMCA procedures and contact us as outlined in our DMCA statement.

17. INDEMNIFICATION

    You agree to indemnify and hold this site and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising from the content you transmit to or through, as well as your conduct on or arising from the use of, this site. In such a case, this site will provide you with email notice of such claim, suit or action to your email address on file with your profile.

18. TERMS AND TERMINATION

    This agreement Term is forever, as posts may be retained forever. To terminate using the Public Content, simply do not visit them anymore. To terminate your profile on this site, simply click here. We may terminate your use of the Public Content immediately at any time, for any reason, and at such time you will have no right to use the Public Content. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination.

19. MODIFICATION

    The Public Content may be modified or terminated at any time by this site for any reason, with or without notice, without any liability to anyone. Any additions to the Public Content shall be covered by this Agreement. The most recent version of this Agreement will be posted in the Public Content.

20. NOTICES

    This site may provide you with notices regarding the Service or these Terms of Use by email or postings to this Web site.

21. TRADEMARKS

    "bigFAIL", "bigFAIL.com" and any other graphics, logos, designs, page headers, button icons, scripts, and service names of this site are trademarks or servicemarks (registered or otherwise) this site in the U.S. and/or other countries. This site's marks may not be used, including as part of other marks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available on this site may be used on third party or partner sites or by our users in connection with approved uses found elsewhere in this agreement, especially on photos and other content created on this site and republished elsewhere, but only for that limited purpose.

22. GENERAL

    This Agreement and the relationship between you and this site shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and this site agree to submit to the personal and exclusive jurisdiction of the State of Florida, Broward County, or the applicable United States District Court covering Broward County, Florida. However, both this site and you agree to submit to binding arbitration for any dispute. Such arbitration shall be held before one arbiter who is a member of the American Arbitration Association, using Florida Law and in the venue of Broward County, Florida. Costs of arbitration to be borne by the loser as determined by the arbiter(s).

    Without limiting the foregoing, under no circumstances shall this site be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation,Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, on-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. This agreement constitutes the entire agreement between you and this site (except for other legal notices on this site) with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement by a party will be effective only if in writing and signed by a party.

    This site's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    The section titles in this Agreement are for convenience only and have no legal or contractual effect.