Terms and Conditions
Updated July 2nd, 2014
The term ‘BigRims.us ’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.
The term “You” and “your” refer to you, the user of BigRims.us.
A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site.
“Content” is text, images, photos, video, location data, and all other forms of data or communication.
“Your Content” is User Content that you submit or transmit to BigRims.us, such as ratings, reviews, compliments, comments, and information that you publicly display or displayed in your profile.
“User Content” is Content that users submit or transmit to BigRims.us.
“Site Content” is all of the Content that is made available in connection with the Site, including Your Content, and User Content.
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
By creating an account, you agree to receive certain communications in connection with BigRims.us.
3. Content Posted on BigRims.us Terms
All event postings, messages, text, files, images, photos, or other information posted on, this website, are the sole responsibility of the person from whom such Content originated.
You are entirely responsible for all Content that you post, email or otherwise make available on BigRims.us. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein.
BigRims.us does not control, and is not responsible for Content made available and posted on BigRims.us.
You may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
Content posted on BigRims.us may contain links to other websites, which are completely independent. BigRims.us makes no representation or warranty to the accuracy, completeness or authenticity of the information contained in any such site.
BigRims.us under no circumstances will be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available on BigRims.us.
You acknowledge that BigRims.us does not always pre-screen or approve Content
BigRims.us has the right to refuse, delete or move any Content that is posted on BigRims.us.
You are responsible for any Content submitted, posted, and displayed on BigRims.us associated with your screen name.
You must not submit Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another’s privacy, or harms minors in any way.
You must not submit Content that includes non-public personal or identifying information about another person without that person’s explicit consent.
You must not create or submit intentionally false or misleading information.
You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
4. BigRims.us use of posted content
BigRims.us does not claim ownership of Content that its users post.
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites.
Users posting Content to any BigRims.us automatically grant, and you represent and warrant that you have the right to grant BigRims.us a world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose.
You also grant the users of the Site the right to access Your Content in connection with their use of the Site.
You irrevocably waive, and cause to be waived, against BigRims.us and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
If your work has been copied in which conducts copyright infringement, or your intellectual property rights have been violated, please contact us immediately
User Content (including any that may have been created by users employed or contracted by BigRims.us) does not necessarily reflect the opinion of BigRims.us. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you.
5. Content Guidelines
You agree not to:
Write a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by BigRims.us;
Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results or any third party website;
Solicit personal information from minors, or submit or transmit pornography;
Do not threat, harass, use lewdness, hate speech, and other displays of bigotry;
Violate any applicable law.
You Agree to the following:
Your contributions should be unbiased and objective.
Unless you’re using your Business Owners Account to add content to your business’s profile page, promotional content is not permitted.
Your contributions are relevant and appropriate.
Don’t publicize other people’s private information. Please don’t post close-up photos of other people without their permission, and please don’t post other people’s full names unless you’re referring to service providers who are commonly identified by their full names.
Don’t swipe content from other sites or users
Your review is factually correct. Express your opinions, but don’t exaggerate or misrepresent your experience.
Business photos should be broadly relevant to the business.?We may remove photos at our discretion.
Don’t ask your customers to review your business. Solicited reviews create bias in your business listing.
BigRims.us may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
7. DISCLAIMERS AND LIMITATIONS OF LIABILITY
READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE BigRims.us, . ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE BigRims.us, . ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. BigRims.us, . ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, BigRims.us, . ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
BigRims.us, . ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE’S USERS. ACCORDINGLY, BigRims.us, . ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
BigRims.us, . ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF BigRims.us, . ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
BigRims.us, . ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO BigRims.us, . ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
BigRims.us, . ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
You agree to indemnify, defend, and hold BigRims.us, its affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
BigRims.us, . reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
You agree not to settle any such matter without the prior written consent of BigRims.us
BigRims.us will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
9. Choice of Law and Venue
Florida law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and BigRims.us, without regard to conflict of law provisions.
FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN BROWARD COUNTY, FLORIDA.
You may terminate the Terms at any time by closing your account or discontinuing use of this site