Terms of Service
Last Updated: Feburary 20, 2014
PLEASE READ THIS DOCUMENT CAREFULLY. BiggyTV, LLC (“BiggyTV,” “we,” or “us”) offers an online video sharing platform and community through its website located at BiggyTV.com (the “BiggyTV Site”) and related domains (including btvcdn.com), mobile applications, desktop applications, and PC television applications (collectively, the “BiggyTV Service”). By registering as a member or by using the BiggyTV Service in any way, you accept these Terms of Service (“Agreement”), which forms a binding agreement between you and BiggyTV. If you do not wish to be bound by this Agreement, do not use the BiggyTV Service.
1. Who May Use the BiggyTV Service
AGE REQUIREMENT: You must be at least 13 years old to use the BiggyTV Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use the BiggyTV Service. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the BiggyTV Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of the BiggyTV Service. If your child is using the BiggyTV Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the BiggyTV Service is appropriate for your child, please review our Frequently Asked Questions or contact us.
WARNING: Even if you are old enough to use the BiggyTV Service and/or have your parent’s or guardian’s permission, some of the content available within the BiggyTV Service may not be appropriate for you. Some content may contain “R-rated” material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
2. License to Use the BiggyTV Service
LICENSE: BiggyTV grants you a limited, non-exclusive license to access and use the BiggyTV Service for your own personal, non-commercial purposes. This includes the right to view content available on the BiggyTV Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
COMMERCIAL USE: You may not use the BiggyTV Service for commercial purposes unless:
- You are a BiggyTV TargetChannel or VidMarketing user, in which case you may use and access the BiggyTV Service for commercial and non-commercial purposes, subject to compliance with the BiggyTV Guidelines; or
- You are a small-scale independent production company, non-profit, or artist, in which case you may use the BiggyTV Service to showcase or promote your own creative works.
RESTRICTIONS: Except as expressly permitted by BiggyTV in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the BiggyTV Service. Nor will you take any measures to interfere with or damage the BiggyTV Service. All rights not expressly granted by BiggyTV are reserved.
MOBILE APP: Your use of the BiggyTV Service through one of our mobile applications is also subject to our Web, mobile app and connected TV End User License.
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information.
REGISTRATION: To fully use the BiggyTV Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to BiggyTV and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the BiggyTV Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
5. Subscriptions and Purchases
BIGGYTV (TargetChannel) Target Channel AND VidMarketing (Video Marketing): In addition to offering Basic (free) BiggyTV memberships, we offer BiggyTV TargetChannel and VidMarketing subscriptions. Please see our subscription pages for current Target Channel and VidMarketing features and pricing. Features and prices are subject to change. Storage limits are calculated based upon source files. We may also offer add-on features and packages. BiggyTV TargetChannel users who wish to obtain additional storage may request a custom account by contacting us here: contact us. Additional terms and conditions (to be shown prior to purchase) apply to custom accounts. All fees may be subject to taxes.
CANCELATION AND REFUNDS: Users who purchase annual subscriptions have thirty (30) days after their purchase to cancel and receive a full refund. Users who purchase monthly subscriptions have five (5) days after purchase to cancel and receive a full refund. After the cancelation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by BiggyTV. If your account is terminated due to your breach of this Agreement during the relevant cancelation period, you will not be refunded. If you have questions, please contact us.
RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. BiggyTV reserves the right to deny subscriptions, renewals, and other purchases for any reason. TargetChannel subscriptions offered beginning on January 28, 2014 may not be available to existing users whose storage as of that date exceeds the yearly maximum for a TargetChannel account. Unused storage, plays, and other limits do not roll over to subsequent subscription periods.
END OF SUBSCRIPTION: When a BiggyTV VidMarketing or TargetChannel subscription ends, the account automatically becomes a Basic (free) account and BiggyTV may disable access to or delete any content to comply with Basic account limits. When a custom subscription ends, the account and its content will be deleted if the subscription is not renewed.
OTHER PURCHASES: Purchases of other products and services through the BiggyTV Service are subject to our Payment Policies and to other terms and conditions that are presented to you at the time of purchase.
6. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the BiggyTV Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the BiggyTV Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: BiggyTV may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if BiggyTV determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage BiggyTV’s reputation and goodwill. If BiggyTV deletes your account for the foregoing reasons, you may not re-register for the BiggyTV Service. BiggyTV may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by BiggyTV will terminate. Sections 6 and 11 though 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. BiggyTV shall not be responsible for the loss of such content.
7. Content Restrictions
You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or
- Violates any law.
All videos you submit must also comply with the BiggyTV Guidelines, which are incorporated into this Agreement.
8. Code of Conduct
In using the BiggyTV Service, you must behave in a civil and respectful manner at all times. Further, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute “spam”;
- Collect information about others; or
- Advertise or solicit others to purchase any product or service within the BiggyTV Site (unless you are an official BiggyTV partner or advertiser and have a written agreement with BiggyTV).
BiggyTV has the right, but not the obligation, to monitor all conduct on and content submitted to the BiggyTV Service.
9. Licenses Granted by You
LICENSE TO BIGGYTV: As between you and BiggyTV, you own the video content (“videos”) that you submit to the BiggyTV Service. By submitting a video, you grant BiggyTV and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video for the purpose of (i) displaying the video within the BiggyTV Service; (ii) displaying the video on third party websites and applications through a video embed or BiggyTV’s API subject to your video privacy choices; (iii) allowing other users to play, download, and embed on third party websites the video, subject to your video privacy choices; (iii) promoting the BiggyTV Service, provided that you have made the video publicly available; and (iv) archiving or preserving the video for disputes, legal proceedings, or investigations.
LICENSE TO OTHER USERS: You further grant all users of the BiggyTV Service permission to view your videos for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the videos solely to the extent necessary to view the videos. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).
DURATION OF LICENSES: The above licenses will continue unless and until you remove your videos from the BiggyTV Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos may be cached in search engine indices after removal and that BiggyTV has no control over such caching.
9.2 Non-video Content
As between you and BiggyTV, you own all non-video content that you submit to the BiggyTV Service. You grant BiggyTV and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your non-video content. In addition, you waive any so-called “moral rights” in your non-video content. You further grant all users of the BiggyTV Service permission to view your non-video content for their personal, non-commercial purposes. If you make suggestions to BiggyTV on improving or adding new features to the BiggyTV Service, BiggyTV shall have the right to use your suggestions without any compensation to you.
10. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to BiggyTV and grant the licenses set forth above; (ii) BiggyTV will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless BiggyTV and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the BiggyTV Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to BiggyTV violates any law or infringes any third party right, including any intellectual property or privacy right.
12. Third Party Copyrights and Other Rights
BiggyTV respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Process to remove a video for copyright infringement, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice at firstname.lastname@example.org
BiggyTV reserves the right to modify the BiggyTV Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the BiggyTV Service. BiggyTV has no obligation to screen or monitor any content and does not guarantee that any content available on the BiggyTV Service complies with this Agreement or is suitable for all users.
BiggyTV provides the BiggyTV Service on an “as is” and “as available” basis. You therefore use the BiggyTV Service at your own risk. BiggyTV expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, BiggyTV makes no representations or warranties:
- That the BiggyTV Service will be permitted in your jurisdiction;
- That the BiggyTV Service will be uninterrupted or error-free;
- Concerning any content submitted by any member;
- Concerning any third party’s use of content that you submit;
- That any content you submit will be made available on the BiggyTV Service or will be stored by BiggyTV;
- That the BiggyTV Service will meet your business or professional needs;
- That BiggyTV will continue to support any particular feature of the BiggyTV Service; or
- Concerning sites and resources outside of the BiggyTV Service, even if linked to from the BiggyTV Service.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the BiggyTV Service, and no warranties shall apply after such period.
14. Limitation of Liability
To the fullest extent permitted by law: (i) BiggyTV shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) BiggyTV’s total liability to you shall not exceed the amounts paid by you to BiggyTV over the twelve (12) months preceding your claim(s).
15. Compliance Notice Pursuant to 18 U.S.C. § 2257
All pictures, graphics, videos, and other visual media displayed on the BiggyTV Service are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) – (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995. BiggyTV is not the primary producer of the visual content contained in the BiggyTV Service.
16. General Provisions
GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the BiggyTV Service must be commenced in the state or federal courts located in Los Angeles, California, United States of America (and you consent to the jurisdiction of those courts). In any such action, BiggyTV and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by BiggyTV in exercising any right hereunder will waive any further exercise of that right. BiggyTV’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without BiggyTV’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from BiggyTV electronically. BiggyTV may provide all such communications by email or by posting them on the BiggyTV Service. For support-related inquiries, you may contact us. You may send notices of a legal nature to BiggyTV at legal@BiggyTV.com or the following address:
8581 Santa Monica Blvd
West Hollywood, CA 90069
Attention: Legal Department
Nothing herein shall limit BiggyTV’s right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by BiggyTV on the BiggyTV Site or a written amendment signed by an authorized representative of BiggyTV. A revised Terms of Service will be effective as of the date it is posted on the BiggyTV Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
- BiggyTV Guidelines
- End User License Agreement
- Payment Policies
- Process to request removal of video for reasons of copyright infringement
This Agreement constitutes the entire understanding between BiggyTV and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.