Statement of Rights and Responsibilities
This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Please note that Section 11 contains certain changes to the general terms for users outside the Netherlands.
Date of Last Revision: 14 november 2016
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities (“Statement,” “Terms,” or “SRR”) is our terms of service that governs our relationship with users and others who interact with Think BIG, as well as Think BIG brands, products and services. By using or accessing the Think BIG Services, you agree to this Statement.
2. Sharing Your Content and Information
You own all of the content and information you post on Think BIG, In addition:
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy settings: 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 Think BIG (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 on your Think BIG profile, it means that you are allowing everyone, including people off of Think BIG, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- We always appreciate your feedback or other suggestions about Think BIG, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Think BIG safe, but we cannot guarantee it. We need your help to keep Think BIG safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on Think BIG.
- You will not collect users’ content or information, or otherwise access Think BIG, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Think BIG.
- 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 hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- You will not use Think BIG to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Think BIG, such as a denial of service attack or interference with page rendering or other Think BIG functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
4. Registration and Account Security
Think BIG 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 Think BIG, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal timeline primarily for your own commercial gain, and will use a Think BIG Page for such purposes.
- You will not use Think BIG if you are under 13.
- You will not use Think BIG if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
- If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
5. 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 Think BIG that infringes or violates someone else’s rights or otherwise violates the law.
- We can remove any content or information you post on Think BIG if we believe that it violates this Statement or our policies.
- If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
- You will not post anyone’s identification documents or sensitive financial information on Think BIG.
- You will not tag users or send email invitations to non-users without their consent. Think BIG offers social reporting tools to enable users to provide feedback about tagging.
If you make a payment on Think BIG, you agree to our refund and cancellation terms unless it is stated that other terms apply.
7. Special Provisions Applicable to Software
- If you download or use our software, such as a webcam training session, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
- You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
- We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
- If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice.
- Your continued use of the Think BIG Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Think BIG 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 or disable your application at any time.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Think BIG exclusively in the Netherlands.
- If anyone brings a claim against us related to your actions, content or information on Think BIG, 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. Although we provide rules for user conduct, we do not control or direct users’ actions on Think BIG and are not responsible for the content or information users transmit or share on Think BIG. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Think IG. We are not responsible for the conduct, whether online or offline, of any user of Think BIG.
- WE TRY TO KEEP THINK BIG UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THINK BIG 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 THINK BIG WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THINK BIG WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. THINK BIG 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 THINK BIG, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR THINK BIG WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. 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, THINK BIG’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11. Special Provisions Applicable to Users Outside the Netherlands
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 and non-users who interact with Think BIG outside the Netherlands:
- You consent to having your personal data transferred to and processed in the Netherlands.
- If you are located in a country embargoed by the The Netherlands you will not engage in commercial activities on Think BIG (such as online trainings) or operate a commercial platform trainer profile. You will not use Think BIG if you are prohibited from receiving products, services, or software originating from the The Netherlands.
- By “Think BIG” or” Think BIG Services” we mean the features and services we make available, including through (a) our website at www.thinkbiglifestyle.com and any other Think BIG branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform and (c) other media, brands, products, services, software, devices, or networks now existing or later developed. Think BIG reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.
- By “Platform” we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Think BIG or provide data to us.
- By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with Think BIG.
- By “content” we mean anything you or other users post, provide or share using Think BIG Services.
- By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from Think BIG or provide to Think BIG through Platform.
- By “post” we mean post on Think BIG or otherwise make available by using Think BIG.
- By “use” we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- If you are a resident of or have your principal place of business in the Netherlands, this Statement is an agreement between you and Think BIG. References to “us,” “we,” and “our” mean Think BIG.
- This Statement makes up the entire agreement between the parties regarding Think BIG, 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.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing Think BIG.