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| The Next Big Zing Terms of Use |
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Welcome to The Next Big Zing. The Next Big Zing and its subsidiaries (collectively, “NBZ”) provide their services and offerings and any features, content or applications offered by The Next Big Zing in connection therewith (the " The Next Big Zing Service," as further described below) to you subject to the following User Agreement. In addition, when using The Next Big Zing Service, you shall be subject to any guidelines, policies and operating rules applicable to such service, which may be posted on The Next Big Zing website from time to time. All such guidelines and rules are incorporated by reference into this User Agreement.
Acceptance of Terms: PLEASE READ This Agreement CAREFULLY. By accessing or using The Next Big Zing Service, you, either an individual or a single entity ("you" or "your" as applicable), agree to be bound by the notices, terms and conditions in this User Agreement. If you register on behalf of a business, you represent to The Next Big Zing that you have the authority to bind that business and your acceptance of this Agreement will be treated as acceptance by that business. In that event, "you" and "your" will refer to that business in this Agreement. If you do not agree to any of these terms and conditions, you may not use The Next Big Zing Service. The Next Big Zing Service (as defined below) is provided subject to the terms of the "Agreement," which term incorporates this User Agreement, our Privacy Policy available at www.thenextbigzing.com/user-agreement, the Copyright & IP Policy (as defined below) available at http://www.thenextbigzing.com/privacy-policy/copyright the Mature Content rules (as defined below) available at www.thenextbigzing.com/user-agreement, and any other policy of The Next Big Zing referenced in this User Agreement, each of which is incorporated by reference and each of which may be updated by us from time to time without notice to you. The Next Big Zing Service is only available to users who are over the age of 18, emancipated minors, or possess legal parental or guardian consent, and are fully able and competent to enter into and abide by the terms, conditions, obligations, representations and warranties set forth in this Agreement. If you are under 13 years of age, you may not register for or use The Next Big Zing Service.
The Next Big Zing Service: The Next Big Zing Service is comprised of: • The Next Big Zing website, currently located at www.thenextbigzing.com (and/or any successor or additional website(s) owned or operated by or for The Next Big Zing); • The Next Big Zing syndication network (which includes third party websites); • The servers operated by or on behalf of The Next Big Zing; and/or any other technology and/or services that The Next Big Zing provides its users. The Next Big Zing Service enables you to make content available to other users of The Next Big Zing Service and to access content made available by other users of The Next Big Zing Service. All comments and other communications posted or published by you or other users on The Next Big Zing Service, including in any bulletin board, chat, discussion group, feedback area, news group or email, are referred to as "User Material." "Video Material," for purposes of this Agreement, is the video you upload to The Next Big Zing Service. "Publisher Material," for purposes of this Agreement, is any other material you provide and includes without limitation music, animation, text, software, scripts, graphics, images, audio, information and interactive features (collectively with the User Material and the Video Material, the "Material"). You are solely responsible for any Material that you upload and publish to The Next Big Zing Service, including ensuring that any such Material complies with this Agreement. The terms and conditions regarding the uploading of Video Material and Publisher Material are covered in the Publisher Terms. You retain all of your rights in your Material. You shall be solely responsible for your own Material and the consequences of posting or publishing it on The Next Big Zing Service. In connection, with respect to Material that you make available on The Next Big Zing Service, you expressly represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize The Next Big Zing to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Material to enable inclusion and use of the Material as part of The Next Big Zing Service and in the manner contemplated by this Agreement. By submitting, posting, uploading, emailing or otherwise providing Material to The Next Big Zing Service, you hereby grant (or warrant that the owner of such rights has expressly granted) The Next Big Zing a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub licensable and transferable license to (i) use, reproduce, stream, modify, distribute, prepare derivative works of, display, publish, perform and transmit the Material in connection with The Next Big Zing Service and The Next Big Zing’s (and its successors’) business, including without limitation for promoting and redistributing part or all of The Next Big Zing Service (and derivative works thereof) in any media formats and through any media channels, and (ii) use, reproduce and display, and to permit others to use, reproduce and display any trademarks, service marks, slogans, logos or similar proprietary rights contained or embodied in the Material, in connection with The Next Big Zing Services. You warrant that all moral rights to the Material you submit have been waived. You also hereby grant each user of The Next Big Zing Service a non-exclusive license to access your Material through The Next Big Zing Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Material as permitted through the functionality of The Next Big Zing Service and under this Agreement. The Next Big Zing is a managed marketplace for which The Next Big Zing reserves the right at its sole discretion to approve, edit or remove accounts that are inconsistent with The Next Big Zing 's brand and merchandising policies, which are determined solely by The Next Big Zing and which may change from time to time. Accordingly, The Next Big Zing does not guarantee that any Material will be made available on The Next Big Zing Service, whether continuously or at all. The Next Big Zing shall have no obligation to monitor any Material. However, The Next Big Zing and its agents reserve the right to monitor any Material from time to time for any lawful purpose. The Next Big Zing may, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Material or if The Next Big Zing is concerned that you may have violated the Agreement) or for no reason at all, remove or block any Material or other content from The Next Big Zing Service, including disabling access to any such Material that you have downloaded through The Next Big Zing Service. The purpose of The Next Big Zing videos and copy is to encourage users to purchase products using The Next Big Zing platform; accordingly, users may not refer to non- The Next Big Zing websites (including URLs), phone numbers or addresses in their video and copy; The Next Big Zing reserves the right to remove or edit material that violates this policy. The Next Big Zing requires sellers to upload a product video within 30 days of inception; users whose product does not comply with this requirement may be removed.
Registration: is not required to view most Material or content provided as part of The Next Big Zing Service. However, you are required to register if you wish to post Material. If you wish to upload Video Material or Publisher Material you will be subject to our Publisher Terms. To register, you will have to create an account. As a condition to using such components of The Next Big Zing Service, you will be asked to register with The Next Big Zing and select a password and screen name ("The Next Big Zing Username"). You shall provide The Next Big Zing with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your The Next Big Zing account. You may not: • select or use as a The Next Big Zing Username a name of another person with the intent to impersonate that person; • use as a The Next Big Zing Username a name subject to any rights of a person other than you without appropriate authorization; or• use as a The Next Big Zing Username a name that is otherwise offensive, vulgar or obscene. The Next Big Zing reserves the right to refuse registration of, or cancel a The Next Big Zing Username in its sole discretion. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may not use another The Next Big Zing user’s account without express permission. You must notify The Next Big Zing immediately of any breach of security or unauthorized use of your account. Although The Next Big Zing will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of The Next Big Zing or others due to such unauthorized use. All registration information provided by you shall be subject to The Next Big Zing 's Privacy Policy or any successor thereto.
Fees and Services: Joining and setting up a shop on The Next Big Zing Service is free. The Next Big Zing charges fees for listing items for sale through The Next Big Zing. When you list an item you have an opportunity to review and accept the fees that you will be charged. The Next Big Zing 's Fees and Credits Policy is available at: http://www.thenextbigzing.com.and is incorporated into this Agreement by reference. The Next Big Zing 's Fees and Credits Policy and the fees for The Next Big Zing's services are subject to change. Changes to the Fees and Credits Policy and the fees for our services are effective after The Next Big Zing provides you with fourteen (14) days' notice of the changes by posting the changes on The Next Big Zing Service. However, The Next Big Zing may choose to temporarily change The Next Big Zing 's Fees and Credits Policy and the fees for The Next Big Zing’s services for promotional events (for example, free listing days) and such changes are effective when The Next Big Zing posts the temporary promotional event on The Next Big Zing’s Service, and for the time period specified in the posting. The Next Big Zing may, at The Next Big Zing's sole discretion, change some or all of The Next Big Zing 's services at any time. In the event The Next Big Zing introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars (USD). You are responsible for paying all fees associated with using The Next Big Zing Service and all applicable taxes. The Next Big Zing is not a retailer. Although The Next Big Zing is commonly referred to as an online marketplace, it is important for you to realize that The Next Big Zing is not a traditional "retailer." Instead, The Next Big Zing acts as a venue to allow individuals to offer, sell, and buy certain goods, in compliance with the policies of The Next Big Zing ("Goods"), within a fixed price format. The Next Big Zing is not involved in the actual transaction between buyers and sellers. As a result, The Next Big Zing has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. The Next Big Zing cannot guarantee that a buyer or seller will actually complete a transaction. Consequently, The Next Big Zing does not transfer legal ownership of items from the seller to the buyer and both the title and the risk of loss for any Goods pass directly from the seller to the buyer.
Identity Verification: The Next Big Zing uses many techniques to verify the accuracy of the information The Next Big Zing 's users provide to The Next Big Zing when they register on The Next Big Zing Service. However, because user verification on the Internet is difficult, The Next Big Zing cannot and does not confirm each user's purported identity. The Next Big Zing also encourages you to communicate directly with potential transaction partners through your own shopping system. You may also wish to consider using a third party escrow service or services that provide additional user verification.
Release: Because The Next Big Zing is a venue, in the event that you have a dispute with one or more users, you release The Next Big Zing (and The Next Big Zing 's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Information Control- The Next Big Zing does not control the information provided by other users that is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using The Next Big Zing. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using The Next Big Zing Service, you agree to accept such risks and that The Next Big Zing (and our officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on The Next Big Zing.
Selling: A seller must abide by all of The Next Big Zing 's policies and the seller's own individual shop policies and sell and ship only the item as described. Likewise, a seller must abide by the seller's Individual Policies (as defined below), to the extent that they are applicable.
Listing and Selling: You, as a seller, must own or otherwise be legally able to sell and transfer ownership of any item(s) you list for sale on The Next Big Zing Service. You must describe your item(s) and all terms of sale on the listing page of The Next Big Zing Service. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. Each listing must accurately and completely describe the item/items for sale in that listing. ? All sales are binding. If you, as a seller, receive a purchase request (order) and payment you are obligated to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.
Without limiting any other remedies, The Next Big Zing, without notice, may suspend or terminate your account if The Next Big Zing suspects, in its sole discretion, that you have violated any of The Next Big Zing 's applicable policies, including those set out in this Agreement or any community guidelines posted on The Next Big Zing Service, or you have engaged in an improper or fraudulent activity in connection with The Next Big Zing.
Representations and Warranties: You represent and warrant, (and you can and will demonstrate to The Next Big Zing’s full satisfaction upon its request) that: You own or have the necessary licenses, rights, consents and permissions to use and authorize The Next Big Zing to use each and every image and sound contained or embodied in the Material and to enable use of the Material in the manner contemplated by this Agreement, and (ii) you have the written consent, release, and/or permission to use the name or likeness of each and every identifiable individual person and to include and use such individual’s name or likeness in the Material in the manner contemplated by this Agreement. You represent and warrant that the use, sale or other exploitation of the Material on or through The Next Big Zing website or otherwise does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity. You have full authority to act on behalf of any and all owners of any right, title or interest in and to any Material. You have full authority to enter into, and own or control all rights necessary, including without limitation any third-party consents, licenses and permissions, to fully perform your obligations under this Agreement. You will perform your obligations hereunder in compliance with any applicable laws, rules and regulations of any governmental authority having jurisdiction over such performance. You will not post or upload any Material or offer any Goods for sale if such transaction could cause The Next Big Zing to (i) violate any applicable law, rule or regulation or (ii) violate or infringe the rights of any third party.
Prohibited, Questionable and Infringing Items: Any Material posted (or any items listed) on The Next Big Zing Service shall not: • be deceptive, false, inaccurate or misleading; • be fraudulent or involve the sale of illegal, counterfeit, stolen items or items which violate the policies of The Next Big Zing; • infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy; • violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising). The Next Big Zing also does not permit the listing of items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall; • be abusive, defamatory, libelous, threatening, harassing, invasive of another’s privacy, tortuous, offensive or profane; • be obscene or contain child pornography, and all such Material shall also be subject to the Mature Content rules as outlined in the policies of The Next Big Zing, available at www.thenextbigzing.com/privacy-policy/community;• contain any viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;• create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or• link directly or indirectly to or include descriptions of goods or services that: are prohibited under this Agreement, any other policies or any community guidelines posted on The Next Big Zing Service; are identical to other items you have for sale but are priced lower; are concurrently listed for sale on a web site other than those affiliated with The Next Big Zing Service (this does not prevent linking to or advertising an The Next Big Zing item from another web site); or you do not have a right to link to or include.
Furthermore, you may not list any item on The Next Big Zing Service (or consummate any transaction that was initiated using our service) that violates this Agreement or would, upon any degree of involvement by The Next Big Zing including but not limited to you paying to us the listing fee or any other fee, could cause us to violate any applicable law. Content on The Next Big Zing Service is meant for all audiences. You understand that you will be exposed to Material from a variety of publishers and that The Next Big Zing is not responsible for the accuracy, usefulness, safety, or compliance with the intellectual property rights of owners of such Material. You further understand and acknowledge that you may be exposed to Material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Next Big Zing with respect thereto.
User Conduct: The Next Big Zing grants you permission to use The Next Big Zing Service subject to all of the terms and conditions set forth in this Agreement. As a condition of use, you agree not to use The Next Big Zing Service for any purpose that is unlawful. You agree to abide by all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such as U.S. copyright laws). Any unauthorized use of The Next Big Zing Service is expressly prohibited. By way of example, and not as a limitation, you agree not to take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Material using any communications service or other service available on or through The Next Big Zing Service that: • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, offensive, profane, pornographic or obscene, or promotes hate or incites violence; or• misrepresents the source or identity of any content;• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming") or a chain letter, a pyramid scheme or any other similar solicitation;• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of The Next Big Zing or any third party;• impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of The Next Big Zing; or• constitutes an offer, for sale or otherwise, of any firearms, explosives, weapons, tobacco products, controlled substances, pharmaceuticals, counterfeit or stolen articles, registered or unregistered securities or any items that would cause The Next Big Zing to violate any applicable law or regulation. In addition to this Agreement, your use of the Video Material may be subject to separate license terms as set forth by third parties. Additionally, you agree that you will not: • take any action that imposes, or may impose, in The Next Big Zing 's sole discretion, an unreasonable or disproportionately large load on The Next Big Zing 's infrastructure; • interfere or attempt to interfere with the proper working of The Next Big Zing Service or any activities conducted on The Next Big Zing Service; • bypass any measures The Next Big Zing may use to prevent or restrict access to The Next Big Zing Service, other accounts, or computer systems or networks connected to The Next Big Zing Service;• run Mail list, Listserv, any form of auto-responder or "spam" on The Next Big Zing Service; or• interfere with any other users enjoyment of The Next Big Zing Service, including, without limitation, accessing an account of a The Next Big Zing user that is not yours. You may not (and may not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of The Next Big Zing Service or any content available through The Next Big Zing’s website (except to the limited extent applicable laws specifically prohibit such restriction), or copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder. In addition, you may not remove any proprietary notices or labels. You shall not launch or otherwise use any robot, spider, scraper or other automated means to access The Next Big Zing Service in a manner which sends more request messages to The Next Big Zing server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line web browser to read, view and submit materials. Notwithstanding the foregoing, we grant the operators of search engines permission to use robots to copy materials from the site for the sole purpose of creating publicly-available searchable indexes of the materials, but not caches or archives of the materials, provided that we reserve the right to revoke these exceptions either generally or in specific cases. You shall not harvest or collect information from The Next Big Zing Service, including, without limitation, information about other users of The Next Big Zing Service. The use of any information learned through The Next Big Zing Service or while on The Next Big Zing website is limited to the express purposes set forth in this Agreement; all other uses are strictly prohibited.
Unless expressly authorized, you shall not frame or otherwise display any portion of The Next Big Zing.com website or any of its contents. No hyperlinks to any password protected web pages on the www.thenextbigzing.com website are allowed. The Next Big Zing allows Hyperlinks to non-restricted pages, subject to review and termination in our sole discretion.
Ownership: The content accessible through The Next Big Zing Service, except for the Material, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, " The Next Big Zing Content") and the trademarks, service marks and logos contained therein (the "Marks"), are owned by or licensed to The Next Big Zing, and subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Except as set forth in this Agreement, The Next Big Zing Content, Marks, and Material are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever except as set forth in this Agreement or with the prior written consent of the respective owners. The Next Big Zing reserves all rights not expressly granted in and to The Next Big Zing Service and The Next Big Zing Content. You may, to the extent you are expressly authorized to do so, download, print or copy the Material or any The Next Big Zing Content for personal use only, provided you retain all copyright and other proprietary notices contained in or on such Material or The Next Big Zing Content. You shall not store any significant portion of any Material or The Next Big Zing Content in any form. Copying or storing of any Material or The Next Big Zing Content for other than personal use is expressly prohibited without prior written permission from The Next Big Zing, or from the copyright holder identified in such content's copyright notice. You agree not to circumvent, disable or otherwise interfere with security related features of The Next Big Zing Service or features that prevent or restrict use or copying of any The Next Big Zing Content or Material. You shall abide by all copyright notices, information, and restrictions contained in any Material or The Next Big Zing Content accessed through The Next Big Zing Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Material or The Next Big Zing Content (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.
Digital Millennium Copyright Act: If you are a copyright owner or an agent thereof and believe that any Material, or any other content found on The Next Big Zing Service infringes upon your copyrights, you may 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): • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;• 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;• Identification of the material that is claimed to be infringing including information regarding the location of the content that the copyright owner seeks to have removed, with sufficient detail to permit the service provider to locate the material and verify its existence;• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;• 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• 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.• If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
• Your physical or electronic signature; • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Chicago, Illinois, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.• If a counter-notice is received by the Copyright Agent, The Next Big Zing may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at The Next Big Zing 's sole discretion.
Termination: The Next Big Zing may terminate your access to all or any part of The Next Big Zing Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. You may terminate your use of The Next Big Zing Service at any time by following the instructions on the website, provided that all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Any fees paid hereunder are non-refundable.
Warranty Disclaimer: The Next Big Zing has no special relationship with or fiduciary duty to you. You acknowledge that The Next Big Zing has no control over, and no duty to take any action regarding: which users gains access to the website; what The Next Big Zing Content or Material you access via the website; what effects The Next Big Zing Content or Material may have on you; how you may interpret or use The Next Big Zing Content or Material; or what actions you may take as a result of having been exposed to The Next Big Zing Content or Material. You release The Next Big Zing from all liability for you having acquired or not acquired The Next Big Zing Content or Material through the Sites. The website may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Next Big Zing makes no representations concerning any The Next Big Zing Content or Material contained in or accessed through the website, and The Next Big Zing will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the website.
THE NEXT BIG ZING SERVICE, THE NEXT BIG ZING CONTENT AND MARKS ARE PROVIDED BY THE NEXT BIG ZING "AS IS" AND "AS AVAILABLE". THE NEXT BIG ZING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE NEXT BIG ZING SERVICE OR ITS CONTENT OR MARKS, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE NEXT BIG ZING DISCLAIMS ALL WARRANTIES REGARDING THE NEXT BIG ZING SERVICE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE NEXT BIG ZING SERVICE (EXCEPT AS MAY BE SET FORTH IN ANY LICENSE OR OTHER AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES YOU AGREE THAT USE OF THE NEXT BIG ZING SERVICE SHALL BE AT YOUR SOLE RISK. FURTHER, THE NEXT BIG ZING DOES NOT ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE NEXT BIG ZING SERVICE OR ANY HYPERLINKED WEBSITE OR INCLUDED IN ANY BANNER OR OTHER ADVERTISING, AND THE NEXT BIG ZING WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WITH RESPECT THERETO. THE NEXT BIG ZING, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE NEXT BIG ZING SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY THE NEXT BIG ZING CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE NEXT BIG ZING SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE NEXT BIG ZING SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY: IN NO EVENT SHALL THE NEXT BIG ZING OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE NEXT BIG ZING SERVICE, OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE NEXT BIG ZING SERVICE (INCLUDING BUT NOT LIMITED TO, THE NEXT BIG ZING CONTENT, THE NEXT BIG ZING MARKS or MATERIAL), WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF THE NEXT BIG ZING OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE NEXT BIG ZING ASSUMES NO LIABILITY FOR: ANY ERRORS, MISTAKES OR INACCURACIES IN OR OF ANY CONTENT, INCLUDING ANY MATERIAL; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE NEXT BIG ZING SERVICES; ANY UNAUTHORIZED ACCESS TO OR USE OF THE NEXT BIG ZING SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE NEXT BIG ZING WEBSITE; ANY VIRUSES, BUGS, TROJAN HORSES, WORMS OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE NEXT BIG ZING WEBSITE BY ANY THIRD PARTY; AND/OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE NEXT BIG ZING SERVICE OR ANY CONTENT, INCLUDING ANY MATERIAL POSTED, EMAILED OR OTHERWISE MADE AVAILABLE THROUGH THE NEXT BIG ZING SERVICE. THE NEXT BIG ZING LIABILITY for any direct damages UNDER THIS AGREEMENT SHALL NOT EXCEED ONE-hundred U.S. Dollars ($100.00).
SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, THE NEXT BIG ZING AND ITS SUPPLIERS' AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Indemnification: You agree to defend, indemnify and hold harmless The Next Big Zing and its parent corporation, affiliates, subsidiaries, licensors and distribution partners and their respective officers, directors, employees and/or agents (collectively, " The Next Big Zing Indemnities") from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: • your use of and access to The Next Big Zing Service;• your violation of any term of this Agreement;• your violation or infringement, or any violation or infringement by any third party using your The Next Big Zing account, of any third party right, including without limitation any copyright, other intellectual property right, or privacy right;• any claim that any of Material you upload and publish on The Next Big Zing Service caused damage to a third party;• your breach of any representation or warranty under this Agreement; or• your gross negligence or willful malfeasance (collectively, "Claims"). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to The Next Big Zing Indemnities. The Next Big Zing shall have the right, in its sole discretion, to select its own legal counsel to defend The Next Big Zing Indemnities from any Claims (but by doing so shall not waive your indemnity obligations), and you shall be solely responsible for the payment of all reasonable attorneys fees incurred by The Next Big Zing Indemnities in connection therewith. You shall not, without the prior express written approval of The Next Big Zing, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any The Next Big Zing Indemnities. This defense and indemnification obligation will survive this Agreement and your use of The Next Big Zing Service.
Miscellaneous: If you do not accept all of the terms and conditions set forth in the Agreement, you may not access or use The Next Big Zing Service.
The Next Big Zing shall have the right to modify this Agreement or change, suspend, or discontinue The Next Big Zing Service (including, without limitation, the availability of any feature or content) at any time at its sole discretion by posting a notice of any such change on The Next Big Zing website. It is your responsibility to check The Next Big Zing website regularly for any such changes. Your use of The Next Big Zing Service following such posting shall be deemed to constitute your acceptance of such modification. This Agreement may not otherwise be changed or modified, except in a writing signed by an authorized representative of The Next Big Zing. If any provision of this Agreement is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this Agreement will not be affected. No delay or failure by The Next Big Zing to exercise or enforce any of its rights under this Agreement will act as a waiver of such rights.
The Next Big Zing shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond The Next Big Zing’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. The Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with The Next Big Zing’s prior written consent. The Next Big Zing may assign, transfer or delegate any of its rights and obligations hereunder without your consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Agreement and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.
All notices under the Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. As a convenience for its users, The Next Big Zing may provide links on this website to other websites owned by third parties. Unless otherwise stated, The Next Big Zing does not endorse or control these third parties and takes no responsibility for them or their websites. The Next Big Zing Service is controlled and offered by The Next Big Zing from its facilities in the United States of America. The Next Big Zing makes no representations that The Next Big Zing Service is appropriate or available for use in other locations. Those who access or use The Next Big Zing Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to or application of choice of law rules or principles. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Lake County of the State of Illinois for any claim or action arising out of or relating to this Agreement or your use of The Next Big Zing Service. Any dispute arising from or relating to the subject matter of this Agreement that cannot be resolved thereby within a period of sixty (60) days after notice of a dispute has been given by one party hereunder to the other (the last day of such sixty (60) day period being herein referred to as the "Arbitration Date"), shall be finally settled by arbitration in CHICAGO, ILLINOIS, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one or more commercial arbitrator(s) with substantial experience in resolving complex commercial contract disputes, who may or may not be selected from the appropriate list of JAMS arbitrators. If the parties cannot agree upon the number and identity of the arbitrators within fifteen (15) days following the Arbitration Date, then a single arbitrator shall be selected on an expedited basis in accordance with the Arbitration Rules and Procedures of JAMS. Any arbitrator so selected shall have substantial experience in the online retail industry. The arbitrator(s) shall have the authority to grant specific performance and to allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrator(s) may determine. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision by the arbitrator(s), provided that the arbitrator(s) shall only award a permanent injunction and damages. You agree that: • The Next Big Zing Service shall be deemed to be solely based in the State of Illinois; • The Next Big Zing website shall be deemed a passive website that does not give rise to personal jurisdiction over The Next Big Zing, either specific or general, in jurisdictions other than the State of Illinois; and• ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO The Next Big Zing SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorneys fees, expenses and costs incurred in connection with the litigation.
Contact: You may contact The Next Big Zing at the following address: 655 Deerfield, Rd. Suite 100 #217 Deerfield, Illinois 60015
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