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Terms and Conditions

 

OneBigBlob.com is accessed and used by people of all ages.  Absolutely no tolerance of illegal or "Adult" content.  If Illegal or "Adult" content is found, that site will be immediately deleted and ALL information possible about that user will be provided to the proper authorities. Furthermore, immediate and permanent banishment of the user IP and any IP address related to that IP.

 

1. Your Acceptance

 

A. By using and/or visiting this website (collectively, including all content and functionality available through the OneBigBlob.com domain name, the "OneBigBlob Website", or "Website"), you signify your agreement to (1) these Terms and Conditions (the "Terms of Service"), and (2) OneBigBlob's privacy notice, found at  http://www.OneBigBlob.com/site_privacy.html.  If you do not agree to any of these terms or the OneBigBlob privacy notice, please do not use the OneBigBlob Website.

B. You should periodically review the most up-to-date Terms and Conditions version at http://www.OneBigBlob.com/site_terms.html.  OneBigBlob may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefit.

 

2. OneBigBlob Website

 

A. These Terms of Service apply to all users of the OneBigBlob Website, including users who are also contributors of video content, information, and other materials or services on the Website. The OneBigBlob Website includes all aspects of OneBigBlob, including but not limited to all products, software and services offered via the website.

B. The OneBigBlob Website may contain links to third party websites that are not owned or controlled by OneBigBlob. OneBigBlob has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, OneBigBlob will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve OneBigBlob from any and all liability arising from your use of any third-party website.

C. Accordingly, we encourage you to be aware when you leave the OneBigBlob Website and to read the terms and conditions and privacy policy of each other website that you visit.

 

3. OneBigBlob Accounts

 

If you are under 18 you must get your parents permission to sign up for a OneBigBlob.com account. Please do not attempt to register for OneBigBlob.com or send any information about yourself to us if you have not received your parents permission. In the event that we learn that an account has been created from a child without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13 without parental consent, please contact us.

 

A. In order to access some features of the Website, you will have to create a OneBigBlob account. You may never use another's account without permission.   You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify OneBigBlob immediately of any breach of security or unauthorized use of your account.

B. Although OneBigBlob will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of OneBigBlob or others due to such unauthorized use.

 

4. General Use of the Website / Permissions and Restrictions

 

A. OneBigBlob hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

• You may not alter IN ANY WAY the pages OneBigBlob.com generates for your use.  These pages must remain, in their entirety, the original way they were created.

• You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without OneBigBlob's prior written authorization.

• You agree not to alter or modify any part of the Website.

• You agree not to access User Submissions (defined below) or OneBigBlob Content through any technology or means other than our playback pages of the Website itself or other explicitly authorized means OneBigBlob may designate.

• Prohibited commercial uses include any of the following actions taken without OneBigBlob's express approval:

• sale of access to the Website or its related services.

• use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;

• the sale of advertising, on the OneBigBlob website or any third-party website, targeted to the content of specific User Submissions or OneBigBlob content;

• and any use of the Website or its related services that OneBigBlob finds, in its sole discretion, to use OneBigBlob's resources or User Submissions with the effect of competing with or displacing the market for OneBigBlob or its User Submissions.

 

Prohibited commercial uses do not include:

• uploading an original media to OneBigBlob, or maintaining an original profile page/channel on OneBigBlob, to promote your business or artistic enterprise; 

• any use that OneBigBlob expressly authorizes in writing.

 

B. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the OneBigBlob servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

C. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes.

D. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

E. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.

F. OneBigBlob reserves the right to discontinue any aspect of the OneBigBlob Website at any time for any reason.

G. You agree not to sell, show, or push any form or illegal content or "Adult" contents including medicines, enhancers, etc. of any kind and if in doing so you are 100% liable and accountable to the full extent of the law.

 

5. Your Use of Content on the Site

 

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the OneBigBlob Website.

A. The content on the OneBigBlob Website,  including without limitation, images, videos, sound, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like are owned by OneBigBlob, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. OneBigBlob reserves all rights not expressly granted in and to the Website and the Content.

B. You may access User Submissions solely for your information and personal use;

C. You may access OneBigBlob Content, User Submissions and other content only as permitted under this Agreement. OneBigBlob reserves all rights not expressly granted in and to the OneBigBlob Content and the OneBigBlob Service.

D. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

E. You agree not to circumvent, disable or otherwise interfere with security-related features of the OneBigBlob Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the OneBigBlob Website or the Content therein.

F. You understand that when using the OneBigBlob Website, you may be exposed to User Submissions from a variety of sources, and that OneBigBlob is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are 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 OneBigBlob with respect thereto, and agree to indemnify and hold OneBigBlob, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

 

6. Your User Submissions and Conduct

 

A. As a OneBigBlob account holder you may submit media content (images, recordings, video) and textual content. Media Content and Textual Content are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, OneBigBlob does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize OneBigBlob to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to OneBigBlob, you hereby grant OneBigBlob a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the OneBigBlob Website and OneBigBlob's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the OneBigBlob Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the OneBigBlob Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.

D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant OneBigBlob all of the license rights granted herein.

F. OneBigBlob does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and OneBigBlob expressly disclaims any and all liability in connection with User Submissions. OneBigBlob does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and OneBigBlob will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. OneBigBlob reserves the right to remove Content and User Submissions without prior notice.

 

7. Account Termination Policy

A. OneBigBlob may terminate a User's access to its Website at it's own discretion, at any time, for any reason.

 

8. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE OneBigBlob WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, OneBigBlob, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. OneBigBlob MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE OneBigBlob WEBSITE. OneBigBlob DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OneBigBlob WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND OneBigBlob WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

9. Limitation of Liability

IN NO EVENT SHALL OneBigBlob, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE OneBigBlob WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT OneBigBlob SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

10. Indemnity

You agree to defend, indemnify and hold harmless OneBigBlob, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (if) your use of and access to the OneBigBlob Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the OneBigBlob Website.

 

11. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the OneBigBlob Website is not intended for children under 13. If you are under 13 years of age, then please do not use the OneBigBlob Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

 

12. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by OneBigBlob without restriction.

 

14. General

You agree that: (i) the OneBigBlob Website shall be deemed solely based in California; and (ii) the OneBigBlob Website shall be deemed a passive website that does not give rise to personal jurisdiction over OneBigBlob, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and OneBigBlob that arises in whole or in part from the OneBigBlob Website shall be decided exclusively by a court of competent jurisdiction located in San Mateo County, California. These Terms of Service, together with the Privacy Notice at http://www.OneBigBlob.com/site_privacy.html and any other legal notices published by OneBigBlob on the Website, shall constitute the entire agreement between you and OneBigBlob concerning the OneBigBlob Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and OneBigBlob's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. OneBigBlob reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the OneBigBlob Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND OneBigBlob AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE OneBigBlob WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

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