EditMadeBig Terms of Service
1. ACCEPTANCE OF TERMS By proceeding to use MadeBig, you acknowledge your agreement to be bound by the following terms and conditions (the “Terms of Service,” hereafter TOS), which may be updated by MadeBig from time to time without notice. In addition, when using particular MadeBig services, you shall be subject to any posted guidelines applicable to such services, including any terms or conditions applicable to MadeBig services provided in conjunction with any of MadeBig’s content and service providers. If you do not agree to these TOS, please do not use this site and do not register to be a member of MadeBig. Please check these TOS periodically for changes. Any continued use of MadeBig following the posting of changes to these terms will mean you accept those changes.
By accepting the TOS, you are also agreeing to adhere to the Terms of Service and any Guidelines for specific applications within the MadeBig Web site. To view these Terms of Service and Guidelines, please review the Appendices at the end of this document.
2. DESCRIPTION OF SERVICE MadeBig currently provides you with access to a wealth of resources including communication tools, personalized content and branded programming through its network of properties (the “Service”). These TOS apply to the MadeBig Service as well as any new products or services that MadeBig may add in the future (unless otherwise stated). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for MadeBig to provide the Service. You also understand and agree that the Service may include certain communications from MadeBig, such as service announcements and administrative messages, and that these communications are considered part of MadeBig membership and you will not be able to opt out of receiving them. You understand and agree that the Service is provided “as-is” and that MadeBig assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or long distance). You are responsible for those fees including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. REGISTRATION OBLIGATIONS You may have only ONE registered account with MadeBig at any time. If we find that you have more than one active account, MadeBig may terminate any multiple accounts at any time with or without your prior consent. If you elect to register with MadeBig you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”), (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete and (c) be fully responsible for all use of your account and for any actions that take place using your account.
4. MADEBIG’S PRIVACY POLICY Pursuant to MadeBig’s
Privacy Policy, we may disclose to third parties certain information contained in your Registration Data or related data unless you choose to opt out from such disclosures or in the good faith belief that such action is reasonably necessary to comply with the law, legal process or to enforce the TOS. For more information, please see our full
Privacy Policy.
MadeBig is concerned about the safety and privacy of all its users, particularly children. For this reason, children under the age of 13 are not permitted to register with MadeBig. For more information about how to stay safe online, please review our
Safety Guidelines.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MadeBig of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MadeBig cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Your Member Account will include your name, as provided on the Sign Up form or as modified on your Account page, and your use of the MadeBig site signals your agreement that you will not provide any false information nor will any of your account information (including, but not limited to, name and age) misrepresent you in any way.
If at any time, MadeBig finds that your account information contains false or misleading information, we reserve the right to terminate your account without notice.
6. REDEMPTION OF TOKENSTokens accrued in your account can be redeemed in the MadeBig MarketExchange as well as in GiveBig for Pledges of Support, provided that your account contains the minimum amount of Tokens available for spending that are required for the requested purchase. Tokens are eligible for redemption as soon as they are posted to your Account.
Redemption of Tokens must be initiated while logged onto the MadeBig Web site.
Once the Member redeems Tokens for purchases in the MarketExchange, the appropriate number of Tokens will be deducted from the Member’s Account. Under no circumstances will purchases be refunded for cash.
Tokens have no cash value and are not redeemable in the event MadeBig ceases to do business or is sold, assigned, declared bankrupt or a receiver is put in place.
The number of Tokens redeemable in a given calendar year may be limited. In the event that a restriction is put into place, MadeBig will notify all users concerning the rules of Tokens redemption.
MadeBig reserves the right to limit the redemption of any particular item in the MarketExchange.
It is the Member’s responsibility to read and understand the information on these pages before accumulating Tokens. These pages are updated from time to time. Furthermore, it is your responsibility to check these pages regularly to determine whether restrictions have been modified.
7. NON-TRANSFERABILITYTokens that have been received or purchased may not be assigned or transferred to any third party. The sale, barter, assignment or other disposal of Tokens is expressly prohibited.
Tokens do not constitute as property and are not transferable: (i) upon death, (ii) as part of a domestic relations matter or (iii) otherwise by operation of the law.
Tokens assigned, sold or otherwise transferred in violation of the TOS will be confiscated or canceled. Any violator of the foregoing restrictions is subject to account termination, deduction of Tokens from his or her account and/or liability for damages, litigations and transaction costs.
8. MADEBIG MEMBER CONDUCTYou understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not MadeBig, are entirely responsible for all Content that you upload, post, send via a message in your MadeBig Inbox, transmit or otherwise make available via the Service. MadeBig does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MadeBig be held 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, e-mailed, transmitted or otherwise made available via the Service. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
You agree to not use the MadeBig Service to:
a. Upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
b. Harm minors in any way.
c. Impersonate any person or entity including, but not limited to, a MadeBig official, guide or host, forum leader or falsely state or otherwise misrepresent your affiliation with a person or entity.
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
e. Upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
f. Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, except in those areas that are designated for such purpose.
g. Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware of telecommunications equipment.
h. Disrupt the flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
i. Interfere with or disrupt the MadeBig Service, servers or networks connected to the MadeBig Service or disobey any requirements, procedures, policies or regulations of networks connected to the MadeBig Service.
j. Intentionally or unintentionally violate any applicable local, state, national or international law including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ and any regulations having the force of law.
k. “Stalk,” intimidate or otherwise harass another user.
l. Collect, store or share personal data about other users.
m. Harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
n. Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site.
o. Use automated scripts to collect information from or otherwise interact with the Service or the Site.
p. Register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity.
q. Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.
r. Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
s. Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
t. You may not post, transmit, or share Content on the Site that you did not create or that you do not have permission to post.
Please be advised that any member who posts anything that contains prohibited content may be subject to the MadeBig.com disciplinary process and could risk losing access to their account. Examples of prohibited content can be found below. The team at MadeBig reserves the right to remove other content at our discretion if it violates our policies even if it is not included in our list of examples:
1. Pornography (in picture or text format)
2. Any material that encourages self-inflicted injury or violence against others
3. Content that contains instructions or encouragement about illegal activities
4. Offensive language (including expletives and racial slurs)
5. No user may post information for commercial purposes. This includes selling items or directing users to third party sites. If you would like to sell items to other users in the MadeBig Nation, you may do so in the MarketExchange. Third party site links may be included only if they are relevant to a content posted (i.e. citing a source or in your Posted Links)
6. Users may NOT post any personal information for third parties. This includes telephone numbers, e-mail addresses or mailing addresses. You may list a third party Web site as your source.
You acknowledge that MadeBig does not pre-screen Content, but that MadeBig and its designees shall have the right, (but not the obligation) in their sole discretion, to refuse or remove any Content that is available via the MadeBig Service. Without limiting the foregoing, MadeBig and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. 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. In this regard, you acknowledge that you may not rely on any Content created by MadeBig or submitted to MadeBig, including, without limitation, information in all parts of the MadeBig Service.
You acknowledge that by posting Content on the MadeBig site, you agree that you will not post Content that includes any form of slander and/or libel against MadeBig or any of MadeBig's partners or affiliates.
You acknowledge and agree that MadeBig may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, (b) enforce the TOS, (c) respond to claims that any Content violates the rights of third parties or (d) protect the rights, property or personal safety of MadeBig, its users and the public.
You understand that the technical processing and transmission of the MadeBig Service, including your Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Please be advised that if it is ever determined that your actions through your account have violated the Terms of Service, you may be subject to account probation. If you are on probation, you will no longer be eligible to spend your Tokens in the MarketExchange until your account has been cleared. When your account is cleared, you will be able to spend your Tokens as outlined in the MarketExchange policies. However, please be aware that members who continually violate the Terms of Service may be subject to having their access to the MadeBig site suspended and their account disabled.
Content Disclaimer
Users who choose to submit content on the MadeBig site agree to not hold MadeBig responsible for any injury, damage, loss or harm that may result if you follow advice offered by other users in the MadeBig Nation. Answers and advice provided on the MadeBig site are not meant to substitute advice provided by qualified professionals. The answers and advice posted on the MadeBig site are a product solely of the user who created them and are not affiliated with MadeBig in any way. The team at MadeBig will check postings for offensive content; however, we do not assess the validity of the answers or advice offered and are not liable if an answer or advice contains incorrect information.
Also, MadeBig is not liable for any questions or answers regarding medical or financial matters. Information posted by other users is not approved by the Federal Drug Administration and should not be viewed as medical diagnoses or treatments. Information provided by members on the MadeBig site should not be considered a substitution for visiting a doctor or discussing finances with a certified professional. This site is intended for informational purposes only and serious medical and financial questions should be directed to the appropriate sources.
9. INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
10. CONTENT SUBMITTED OR MADE AVAILABLE ON THE MADEBIG SERVICE MadeBig does not claim ownership of Content you submit or make available on the MadeBig Service. However, with respect to Content you submit or make available on publicly accessible areas of the MadeBig Service, you grant MadeBig the following world-wide, royalty free and non-exclusive license(s), as applicable:
• With respect to Content you submit or make available on publicly accessible areas of MadeBig: the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the MadeBig Service solely for the purposes of providing and promoting the specific MadeBig Service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the MadeBig Service and will terminate at the time you remove or MadeBig removes such Content from the MadeBig Service.
• With respect to photos, graphics, audio or video you submit or make available on publicly accessible area of the MadeBig Service (other than MadeBig Community services deemed private): the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the MadeBig Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the MadeBig Service and will terminate at the time you remove or MadeBig removes such Content from the MadeBig Service.
• With respect to Content other than photos, graphics, audio or video you submit or make available on publicly accessible areas of the MadeBig Service (other than MadeBig Community deemed private): the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
Please be advised that you may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post.
“Publicly accessible” areas of the MadeBig Service are those areas of the MadeBig network of properties that are intended by MadeBig to be available to the general public, including members of the MadeBig site. However, publicly accessible areas of the MadeBig Service would not include portions of MadeBig Nation that users have opted to make private (i.e. personal information in their Profile) or areas off of the MadeBig network of properties such as portions of World Wide Web sites that are accessible through MadeBig but are not hosted or served by MadeBig.
11. INDEMNITY You agree to indemnify and hold MadeBig and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, harmless from any and all third party claims, liability, damages and/or costs (including but not limited to, attorneys’ fees) arising out of Content you submit, post, transmit or make available through the MadeBig Service, your use of the MadeBig Service, your connection to the MadeBig Service, your violation of the TOS or your violation of any rights of another.
12. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the MadeBig Service, use of the MadeBig Service or access to the MadeBig Service.
13. GENERAL PRACTICES REGARDING USE AND STORAGE OF MADEBIG You acknowledge that MadeBig may establish general practices and limits concerning use of the MadeBig Service, including, without limitation, the maximum number of days that message board postings or other uploaded Content will be retained by the MadeBig Service. You agree that MadeBig has no responsibility or liability for the deletion or failure to store any communications or other Content maintained or transmitted by the MadeBig Service. You acknowledge that MadeBig reserves the right to suspend accounts that are inactive for an extended period of time. You further acknowledge that MadeBig reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
14. LINKS The MadeBig Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MadeBig has no control over such sites and resources, you acknowledge and agree that MadeBig 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, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that MadeBig 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, goods or services available on or through any such site or resource.
15. DEALINGS WITH ADVERTISERSYour correspondence or business dealings with, or participation in promotions of advertisers found on or through the MadeBig Service, including payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MadeBig shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the MadeBig Service.
16. MODIFICATIONS MadeBig reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the MadeBig Service (or any part thereof) with or without notice. You agree that MadeBig shall not be liable to you or to any third party for any modification, suspension or discontinuance of the MadeBig Service.
17. TERMINATION You agree that MadeBig, in its sole discretion, may terminate your password, account (or any part thereof) or use of the MadeBig Service and remove and discard any Content within the MadeBig Service, for any reason including, without limitation, lack of use or if MadeBig believes that you have violated or acted inconsistently with the TOS. MadeBig may also, in its sole discretion and at any time, discontinue providing the MadeBig Service, or any part thereof, with or without notice. You agree that any termination of your access to the MadeBig Service under any provision of this TOS may be effected without prior notice, and you acknowledge and agree that MadeBig may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the MadeBig Service. Further, you agree that MadeBig shall not be liable to you or any third party for any termination of your access to the MadeBig Service.
By using the MadeBig service, you agree that if any member of the member's immediate household engages in any activity which, if performed by the member themselves would violate any provision of this Agreement, such activity will be deemed a violation by the member and will constitute as a violation for every member in said household.
18. MADEBIG’S PROPRIETARY RIGHTS You acknowledge and agree that the MadeBig Service and any necessary software used in connection with the MadeBig Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsored advertisements or information presented to you through the MadeBig Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MadeBig or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the MadeBig Service or the Software, in whole or in part.
MadeBig grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the MadeBig Service. You agree not to access the MadeBig Service by any means other than through the interface that is provided by MadeBig for use in accessing the MadeBig Service.
19. DISCLAIMER OF WARRANTIES THE MADEBIG SERVICE IS PROVIDED “AS IS” AND YOU USE IT AT YOUR SOLE RISK. MADEBIG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, MADEBIG MAKES NO WARRANTY THAT THE MADEIBG SERVICE WILL MEET YOUR REQUIREMENTS; THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT THE RESULTS OBTAINED FROM THE USE OF THE MADEBIG SERVICE WILL BE ACCURATE OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE MADEBIG SERVICE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MADEBIG SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM MADEBIG PERSONNEL OR THROUGH THE MADEBIG SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TOS.
No information you may obtain is intended by MadeBig to be used for trading or investing purposes. MadeBig shall not be responsible for the accuracy, usefulness or availability of any information transmitted via the MadeBig Service and shall not be liable for any trading or investment decisions made based on such information.
The MadeBig Service provides shopping services to help you locate and potentially purchase products from online and offline retailers. MadeBig does not, however, control these independent retailers and MadeBig does not provide any assurance, warranty or guarantee of any kind that you will be satisfied with their products or services. When shopping by means of services provided by MadeBig you acknowledge and agree that: MadeBig does not endorse any of the products or services (“Merchandise”) linked to from or through the MadeBig Service, nor has MadeBig taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through MadeBig or their own Web sites. MadeBig expressly disclaims any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We advise you to exercise your own judgment and investigate as you deem necessary before proceeding with any online or offline transaction with any of these third parties.
20. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT MADEBIG 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 (EVEN IF MADEBIG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE MADEBIG SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE MADEBIG SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MADEBIG SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE MADEBIG SERVICE.
21. TRADEMARK INFORMATION The MadeBig, names (including: MarketExchange, GiveBig, Social Feeds, Shout Out as well as any the names of any other applications currently a part of or in the future added to the MadeBig site) and logos are trademarks (or “Marks”) of MadeBig, Inc. Without MadeBig's prior permission, you agree not to display or use in any manner the MadeBig Marks.
All other trademarks appearing on the MadeBig Service are trademarks of their respective owners. MadeBig’s partners may also have additional proprietary rights in the content which they make available through the MadeBig service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the Content, in whole or in part, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other Web site or networked computer environment is strictly prohibited.
22. COPYRIGHTS AND COPYRIGHT NOTICES MadeBig respects the intellectual property of others and we ask our users to do the same. MadeBig may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MadeBig’s Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number and e-mail address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law and
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. MadeBig’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By Mail:
Copyright Agent
c/o MadeBig.com
2650 S. Decker Lake Blvd.
Franklin Covey Building, Suite 110
Salt Lake City, UT 84119
By Phone: (801) 924-0850
By e-mail: customerservice@madebig.com
23. GENERAL INFORMATION The TOS constitute the entire agreement between you and MadeBig, and govern your use of the MadeBig Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and MadeBig shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. You and MadeBig agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Salt Lake, Utah. The failure of MadeBig to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS 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 the MadeBig Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
© 2008 MadeBig.com
EditAppendix A
COPYRIGHT GUIDELINES FOR MADEBIGInformation posted by any user anywhere within the MadeBig Nation may be protected by the intellectual property laws or copyright laws of the United States of America. Content generated from the MadeBig site is copyrighted and may not be used by members of the MadeBig Nation without express permission from the team at MadeBig. For more information about copyright laws, visit the United States copyright Web site at http://www.copyright.gov/title17/.
© 2008 MadeBig.com
EditAppendix B
MADEBIG DISCIPLINARY PROCEDUREMadeBig does not support abuse of its site and will subject users to disciplinary action if they are in violation of our Terms of Service. In general, MadeBig policy allows for a user to receive three strikes. If a user is in violation of the TOS, they will receive notification from MadeBig indicating what action violated the TOS and specific information about the violation. After three violations MadeBig reserves the right to terminate the user’s account.
MadeBig also reserves the right to terminate a user’s account for violations of the TOS, depending on the severity of the violation, without prior warnings or strikes.
All notifications from MadeBig concerning violations of the TOS will be sent via e-mail. You agree that MadeBig will not be responsible for ensuring that the user receives these notifications.
© 2008 MadeBig.com
EditAppendix C
EditGuidelines for the MarketExchange
The MarketExchange is an application on the MadeBig site where members can browse, buy or sell items. Users may post items in over 25 categories at no cost and it is free to purchase items; the only currency that is exchanged is Tokens. Please be advised that if you choose to participate in the MarketExchange, whether as a buyer, seller or both; you agree that your participation is at your own risk. MadeBig will not be held liable for any loss, financial or otherwise, to any party participating in the MarketExchange resulting from damaged or missing goods.
Please note that these guidelines and terms of service may change at any time and all changes will be effective immediately.
Transfer of Tokens
Any purchase in the MarketExchange involves a transfer of Tokens between the buyer, seller and MadeBig. When an item is purchased in the MarketExchange, the buyer’s Tokens are immediately removed from their account and will be placed on hold for a maximum of 35 days. On the 35th day, if the buyer has not indicated that they have received the item and they have not filed a Refund Request, the Tokens will be transferred into the seller’s account, less the transaction fee which is paid to MadeBig.
A buyer may indicate at any time before the 35th day that they have received the item by clicking the Received link in their My MarketExchange. When this happens, the Tokens will be transferred into the seller’s account, less the transaction fee (as stated previously).
If the buyer requests a refund and it is approved, the buyer’s Tokens will be credited to their account and the seller will not receive any Tokens from the sale.
Seller Guidelines
In order to list an item in the MarketExchange, sellers must adhere to the following guidelines:
• You may list duplicate items, providing there are multiple versions of it, but you will be limited to five of these listings. Any duplicate items surpassing five listings will be removed from the MarketExchange.
• Only post items that are of good quality. The MarketExchange is not an online garage sale and items should be in good condition or able to be easily repaired.
• If an item includes a malfunction or it needs to be repaired in any way, this must be included in the item description in the product listing.
• Be prompt in answering questions from potential buyers. If the team at MadeBig is notified that a user is not responding to communication attempts from potential buyers the user may be subject to our disciplinary procedure.
• Ship or arrange for the buyer to pick up items within the timeframe that was discussed with the buyer.
• Sellers are responsible for rectifying any mistakes regarding shipping of incorrect items.
• Sellers must be a resident of the United States.
• The following items are prohibited from being listed in the MarketExchange:
o Live Animals
o Coupons/Vouchers
o Lottery Tickets
o MB Collector Coins
o Announcements and or advertisements
o Firearms
o Fireworks or any destructive devices or explosives
o Prescription, non prescription or illegal drugs
o Alcohol or Tobacco Products
o Illegal, stolen or counterfeit goods
o Material that infringes the rights of a third party, including copyrights, trademarks, patents, rights of publicity or privacy (including bootleg copies)
o Hazardous goods
The list of prohibited items may change at any time at the discretion of MadeBig. You will always be notified if your item is removed.
Please be advised that any seller who continuously violates the aforementioned seller guidelines may be subject to MadeBig disciplinary procedure.
Rating in the MarketExchange
MadeBig provides all users of the MarketExchange with a rating mechanism to be used once a transaction has been completed. A buyer may rate a seller at any time after the date of sale; however, please be advised that ratings are unique per seller and cannot be edited or deleted at any time.
If a buyer posts a seller rating, the seller can then leave a response in regard to the buyer’s comments. As with the seller rating, this response is unique and cannot be edited or deleted at any time.
The seller rating and seller response areas of the MarketExchange are provided so that buyers and sellers have a means of commenting on a transaction. Please be advised that all comments about a transaction in the MarketExchange are to take place here, or as direct communication between the buyer and seller. Posting information concerning a MarketExchange transaction in other areas of the MadeBig site, i.e. Forums, Shout Outs, etc. is prohibited.
MadeBig strongly encourages all buyers to review a seller’s rating, which is visible on the item listing page in the seller’s information gadget, before making a purchase. The seller rating is provided so that potential buyers can learn from previous buyers’ experiences and should be reviewed whenever making a purchase from a seller you have not bought from in the past.
Refund Policy
MadeBig cannot guarantee that any communication between buyers, sellers and MadeBig will be answered. The Ask Buyer and Ask Seller links are provided as a courtesy and should be the first course of action in regard to questions, concerns or refund options after purchasing or selling an item. MadeBig strongly encourages all members to attempt communication to the buyer or seller before contacting MadeBig about a MarketExchange sale.
Please remember that use of the MarketExchange indicates your agreement that your participation is at your own risk. The Refund Request option is included as a courtesy only and filing a Refund Request, as a buyer or seller, does not guarantee that the refund will be approved.
If an item is not received by the buyer within 30 days, or arrangements have not been made for item pick up, a Refund Request may be filed by the buyer. Refund Requests may be filed by the seller at any point between the date of sale and the 60 days following. Buyers may file a Refund Request at any point between 30 and 35 days after the date of sale. Please be advised that if it has been more than 35 days past the date of sale, the Request Refund option will not be available to the buyer; if it has been more than 60 days past the date of sale, the Offer Refund option will no longer be available to the seller and all disputes must be resolved directly between the seller and the buyer.
Purchasing or selling items in the MarketExchange indicates your agreement that your participation is at your own risk. Please be advised that if you purchase an item you are agreeing that your Tokens will be transferred into the seller’s account, less a transaction fee paid to MadeBig, unless the seller agrees to a refund. As a buyer, you may file a Refund Request between 30 and 35 days after the date of sale if you did not receive the item; however, the seller is not required to approve this refund. Buyers may also contact a seller at any point between one and 60 days after the date of sale in order to arrange for a refund (which must be requested by the seller); however, MadeBig does not guarantee that the seller will agree to the requested refund amount nor that the seller will agree to a refund.
All Refund Requests will be processed directly between the seller and buyer; MadeBig will only provide the means to request a refund and will not be involved in any requests.
Please note that refunds will be approved only if the seller agrees to the request. MadeBig does not guarantee that requests will be approved.
Fraud Policy
If at any time you suspect another member of committing fraud as a buyer or seller in the MarketExchange, please notify MadeBig immediately by contacting Customer Service at customerservice@madebig.com.
If a member is suspected of committing fraud in the MarketExchange, MadeBig reserves the right to suspend their account and/or freeze their Token usage during an investigation of the allegation(s). If the allegation(s) of fraud are confirmed, MadeBig will contact local authorities and turn over all findings to the appropriate law enforcement officers.
MadeBig will conduct thorough investigations to all allegations of fraud. If you are a victim of fraud, you will be refunded your Tokens provided that MadeBig is able to recover them. Please note that MadeBig does not guarantee any refunds or credits to any member’s account.
Additional Notes
Please be advised that, at this time, only U.S. residents may participate (as a buyer or a seller) in the MarketExchange.
By participating in the MarketExchange you are agreeing that MadeBig is not responsible for late shipping; damaged, incorrect or defective merchandise; or returns. Agreement to the MarketExchange Guidelines and Terms of Service indicates that you agree that MadeBig is not bound to any warranties and will not be liable for any loss of Tokens, goodwill or reputation. All members of MadeBig who participate in the MarketExchange agree to use the application at their own risk and they assume all responsibility for their transactions.
Please note that if MadeBig suspects a member of activity that is problematic for other members or for the site in general, MadeBig holds the right to suspend said member’s access to the MarketExchange at any time with or without prior warning.
© 2008 MadeBig.com
EditAppendix D
EditGiveBig Terms of Service
GiveBig is a place where anyone can make a difference and help to make the world a better place! GiveBig resides on the MadeBig.com Web site and is open to the public; however, to participate in GiveBig you either need to be a member of the MadeBig site or be sponsored by a current MadeBig member. Participation in GiveBig includes: Pledging Support for Cause, sponsoring a Cause and/or submitting a Cause Request.
EditAcceptance of the Terms of Service
Your participation in GiveBig indicates your agreement to adhere to the Terms of Service outlined herein. Please be advised that because GiveBig resides within the MadeBig site, all participants in GiveBig must also adhere to the MadeBig Terms of Service.
The GiveBig Terms of Service may be modified at any time without prior notice or warning and all changes are effective when published. If you do not agree to the GiveBig Terms of Service, please do not participate in GiveBig. Continued use of GiveBig indicates your acceptance of the Terms of Service in their most current form. We encourage you to review the Terms of Service periodically to remain up-to-date with any changes to the Terms of Service.
EditGuidelines for Participation in GiveBig
GiveBig is an open site and is accessible by the public. Anyone who wishes to do so may view the content within GiveBig and may opt to participate in the GiveBig area. Participation in GiveBig includes: Pledging Support for a Cause, sponsoring a Cause and/or submitting a Cause Request.
The ability to Pledge Support for a Cause is only available to current members of the MadeBig site. If you are not a member of MadeBig and wish to Pledge your Support for a Cause, you must complete the registration form and sign up as a member on MadeBig.
Any member of MadeBig may Pledge Support to a Cause providing that they have sufficient Tokens in their account to purchase a Pledge. One (1) Pledge of Support costs twenty-five (25) Tokens. A MadeBig member may Pledge Support to any number of Causes so long as they have enough Tokens in their account to make these Pledges. Tokens are earned or purchased through the MadeBig. MadeBig members may earn Tokens by participating in the MadeBig Game Arena or by acting as a seller in a transaction in the MadeBig MarketExchange. MadeBig members may also purchase Tokens by using a credit card. More detailed information regarding how to earn and/or purchase Tokens is located in the MadeBig Help Center as well as on the Earn Tokens page in the MadeBig site.
Currently, Causes may only be sponsored by the members of the GiveBig staff. Please be advised that this will be subject to change in the upcoming months.
In the initial launch of GiveBig, Cause Requests may only be submitted by a sponsor. The Cause Request form requires: the name of the person making the Cause request, the requestor’s complete contact information (including address and telephone number), information explaining why this Cause is being requested, the specific goal(s) that need to be met in order for the Cause to be considered fulfilled and an estimate price range of how much it would cost to meet those goal(s). Optional areas of information on the Cause Request form include: a picture to associate with the Cause, more details to explain the goal(s) of the Cause and including more than one goal for the Cause.
In order for a Cause Request to be submitted, the requestor must indicate their acceptance of the GiveBig Terms of Service and the GiveBig Privacy Policy as well confirm that they are at least 18 years of age and a resident of the United States. At this time, GiveBig will only accept requests within the United States.
EditInformation Regarding Cause Fulfillment
MadeBig has partnered with the Grant Wishes Foundation to fulfill Causes from GiveBig. GiveBig, which resides within MadeBig, and the Grant Wishes Foundation are two separate entities and shall be treated as such. The Grant Wishes Foundation is governed by its Terms of Service and Privacy Policy.
The Grant Wishes Foundation will be solely responsible for fulfilling the goals of a GiveBig Cause if and only if the Cause has achieved its Pledge goal. A Pledge goal can only be met if MadeBig members use their Tokens to purchase Pledges of Support for a Cause in GiveBig. Once a GiveBig Cause’s Pledge goal has been met, the Cause is given to the Grant Wishes Foundation for fulfillment. The Grant Wishes Foundation will be responsible for contacting the requestor and for making arrangements for how the Cause is to be fulfilled. The Cause will remain listed in GiveBig with the status of “Cause being filled by the Grant Wishes Foundation” until such a time as the Cause has been considered fulfilled. Fulfilled Causes will remain in GiveBig with a “fulfilled” status and may include additional information such as a success story, pictures, etc.
EditImportant Disclaimers
GiveBig and its parent company MadeBig do not guarantee that a submitted Cause Request will be approved. GiveBig has a stringent application policy and will review every request individually to determine if the Cause meets our requirements. GiveBig also reserves the right to remove a Cause from the site at any time without prior notice or warning, regardless of the Cause’s status.
By accepting these Terms of Service, you are agreeing that GiveBig is not responsible for how a Cause is fulfilled via the Grant Wishes Foundation. You are also indicating your acknowledgment that GiveBig will only provide a platform for a Cause to receive Pledges of Support from MadeBig members but does not guarantee that Pledges will be received, that the Pledge goal will be reached at any point or that the Pledge goal will be reached in a timely fashion.
EditModifications
MadeBig reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the GiveBig Service (or any part thereof) with or without notice. You agree that MadeBig shall not be liable to you or to any third party for any modification, suspension or discontinuance of the GiveBig Service.
EditLimitations of Liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GIVEBIG 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 (EVEN IF GIVEBIG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE GIVEBIG SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE GIVEBIG SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE GIVEBIG SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE GIVEBIG SERVICE.
© 2008 MadeBig.com