Terms and Conditions
Terms and Conditions
Welcome to www.BigDayLittleBooth.com
1. Binding Agreement
2. Intellectual Property
You acknowledge and agree that Big Day Little Booth shall own all worldwide right, title and interest in and to the Site and any applications, services, text, graphics, multimedia content, or other information, data, content or material available on or through the Site, and all related code provided through the Site, any modifications, updates, upgrades, copies, derivative works, augmentations or customizations of the foregoing (collectively, “Materials”), including all worldwide intellectual property rights to the same, including without limitation, all United States, Canadian and worldwide patents, patent applications, copyrights, trademarks, trade secrets, rights of publicity and privacy and other proprietary rights. All rights not expressly granted to you herein are expressly reserved to Big Day Little Booth.
Modification of the Materials or use of the Materials for any purpose other than that expressly permitted herein or otherwise on the Site is a violation of copyright and other proprietary rights and the use of any such Material on any other website or computer environment is strictly prohibited.
3. Ownership; Copyright; Trademarks
The Materials, as well as the organization and layout of the Site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on the Site solely for your personal and non-commercial use; however, any printed copy of this Site, or portions of the website, must include Big Day Little Booth’s copyright notice. No right, title or interest in any of the materials contained on this website is transferred to you as a result of accessing, downloading or printing such materials. Unless otherwise specified, you may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this website, without written permission from Big Day Little Booth. The foregoing prohibition expressly includes, but is not limited to, the practices of “screen scraping” or “data mining” to obtain lists of users, statistics or information regarding athletes or teams, or other information.
All contents of Big Day Little Booth’s website(s) are Copyright © 2013 Big Day Little Booth LLC, and/or its content providers, advertisers, sponsors and suppliers. All rights reserved.
Big Day Little Booth and associated logos and service marks constitute trademarks of Big Day Little Booth. All of the trademarks, service marks, and logos associated with the Big Day Little Booth mark (the “Trademarks”) and displayed on the Site are registered and/or unregistered trademarks of Big Day Little Booth, its affiliates, or third parties. Nothing in the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without express written permission or the express written permission of the applicable third party. Any use of the Trademarks is expressly prohibited except as expressly provided by Big Day Little Booth.
All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respective owners.
4. Procedures for Claimed Copyright, Trademark, or other Intellectual Property Infringement
We respect the intellectual property rights of others, and ask that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act or any other form of intellectual property infringement, please provide the following information to our agent:
1. an electronic or physical signature of the person authorized to act on behalf of the copyright owner or other evidence of ownership in the claimed intellectual property;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. description of where the material you claim is infringing is located on the Site;
4. your address, telephone number, and email address;
5. a statement that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and
6. a statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the owner of the intellectual property rights you claim has been infringed or that you are duly authorized to act on the intellectual property owner’s behalf.
Our agent may be contacted and all notices pursuant to this provision must be sent via email as follows:
Big Day Little Booth LLC
Attn: Intellectual Property Department
5. Third Party Content; Third Party Sites
You understand and agree that Big Day Little Booth may offer information and services provided by third-parties who are not employed by Big Day Little Booth. Big Day Little Booth is not responsible or liable for any acts or omissions created, caused or performed by these third parties.
Big Day Little Booth may include on the Site third-party advertisements and/or information about commercial services. Big Day Little Booth does not endorse any product or service advertised on the Site. The Site may contain hyperlinks to other websites that are not operated by Big Day Little Booth. Big Day Little Booth does not control these websites and is not responsible for their contents, nor should the existence of such links be construed as an endorsement of the material appearing on such sites or as implying an association between Big Day Little Booth and their operators. Such hyperlinks are provided for your reference only.
Big Day Little Booth does not endorse, is not responsible for and makes no warranty or representation as to the quality or performance of the advertisers or the services offered in connection with such advertisements. Big Day Little Booth advises you to carefully review each third party advertiser and/or service offering prior to engagement with any third party advertiser or service provider.
BIG DAY LITTLE BOOTH ASSUMES NO RESPONSIBILITY AND MAKES NO REPRESENTATIONS, WARRANTIES, RECOMMENDATIONS, ENDORSEMENTS OR APPROVALS WITH REGARD TO INFORMATION ON THIS SITE.
It is your responsibility to evaluate and confirm the information, opinions, advice or other Material available through the Site, whether posted or provided by third parties or Big Day Little Booth.
6. User Representations, Warranties And Covenants
You represent, warrant and covenant to Big Day Little Booth that:
You will comply at all times with all applicable federal, state, provincial and local laws, rules and regulations in your use of the Site and/or your use or disclosure of any data, information or materials you submit to or receive through the Site;
- You will not, nor will you permit any other person, corporation or entity, without the prior written consent of Big Day Little Booth to: (i) copy, duplicate or grant permission to the Site or any part thereof; (ii) create, attempt to create, or grant permission to the source program and/or object program or code associated with any software component of the Site; (iii) assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Site or directly or indirectly permit any third party to use the Site; (iv) decompile or disassemble any software or other component of the Site or any report or document generated therefrom; (v) engage in any reverse engineering; (vi) modify, alter or delete any of the copyright notices embedded in or affixed to the copies of any components of the Site; (vii) export any application provided hereunder or any portion of the Site; (viii) use the Big Day Little Booth name, including BDLB, Big Day Little Booth, LLC, BigDayLittleBooth.com, any other related URLs, or Trademarks; or (ix) use the Big Day Little Booth Server, or other materials in connection with, or to transmit, any “spam.” For the purposes of this agreement, “spam” has the meaning generally understood among Internet users;
- Any transmission of data from your computer equipment or system will be free from (i) intentionally injurious instructions (e.g. “viruses”) that are designed to modify, damage, delete or disable the Site or any applications thereon; (ii) any hidden passwords that permit unauthorized access to the data or the Site; or (iii) any embedded code that could trigger, shut down or disable the Site;
- You shall have all regulatory approvals, authorizations, licenses, permits, and other permissions, consents and authorities whatsoever needed to use the Site and perform your obligations hereunder; and
- You will comply with the security measures set forth in the section below under the heading “Security.”
7. DISCLAIMER OF WARRANTIES
You acknowledge that there are certain security, corruption, transmission error and access availability risks with using open networks such as the Internet and you expressly assume such risks. Big Day Little Booth intends that the information contained in or on the Site be accurate and reliable; however, errors and inaccuracies sometimes occur. In addition, Big Day Little Booth may make changes, modifications, additions, deletions and improvements to the information provided herein at any time. Accordingly, Big Day Little Booth cannot and does not warrant:
(1) the safety, reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of information on the Site;
(2) freedom from human and machine errors, omissions, delays, interruptions or losses, including loss of data;
(3) downloads from this Site are free from infection by viruses, worms, Trojan horses or other code that may harm your computer or system; or
(4) uninterrupted or error-free or that defects will be corrected.
Users are responsible for implementing and maintaining adequate procedures and safeguards to ensure data is accurate and to make backup copies of all information supplied to Big Day Little Booth.
THE SITE AND ANY APPLICATIONS, SERVICES, MATERIALS OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BIG DAY LITTLE BOOTH DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT AND ANY WARRANTIES ARISING FROM THE COURSE OF DEALING OR PERFORMANCE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND ANY SITE-RELATED SERVICES OR INFORMATION OR MATERIALS.
In addition, Big Day Little Booth does not warrant that the functions on the Site will be uninterrupted or error-free, that defects in or on the Site will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. Big Day Little Booth does not warrant or make any representations regarding the Site or results of the use of the Site, specific services or applications provided through the Site, or any materials or information on the Site, in terms of their correctness, accuracy, reliability, legal compliance or otherwise. You (and not Big Day Little Booth) assume the entire risk of any reliance on these materials. Under no circumstances will Big Day Little Booth be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or information, or for any loss or damage of any kind incurred as a result of the use of any materials, information or results posted, emailed or otherwise received or transmitted via the Site.
MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
8. Limitation Of Liability
Under no circumstances shall Big Day Little Booth, its affiliates or its subsidiaries, or the respective officers, directors, agents, employees, sponsors, and other partners of each be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages, whether based in contract, tort or otherwise, arising out of or relating in any way to the Site, the services available on the Site, information contained within the Site, or reliance on any information, materials or results provided to or received through the Site, even if Big Day Little Booth has been advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Site and/or Site-related services, applications, materials or information is to stop using the Site and/or those services, applications, materials or information.
Neither Big Day Little Booth nor its content providers will be responsible or liable to any person or entity whatsoever, including (without limitation) persons who may use or rely on such data or materials, or to whom such data or materials may be furnished, for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided at the site.
You agree to indemnify Big Day Little Booth and its officers, directors, employees, agents, distributors and affiliates from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of any of the foregoing agreements, representations and warranties.
10. Confidential Information
You shall comply with all privacy and data protection laws, rules and regulations which are or which may in the future be applicable to your use of the Site or any applications, data or information provided on or through the Site.
Use of the Site is restricted to Big Day Little Booth and its authorized users. Unauthorized use of the Site including, but not limited to, unauthorized entry into the Site or misuse of any information within the Site is strictly prohibited. You agree not to use any functions on the Site which you are not authorized to use.
13. Modification Or Termination Of The Site
15. Governing Law, Jurisdiction, and Forum
17. Notices/Reports of Violations
Please report any violations or send any notices regarding potential violations or concerns regarding your or other user’s use of the Site to Big Day Little Booth by email at info@BigDayLittleBooth.com
18. Acknowledgement of User
WEBSITE PRIVACY AND SECURITY POLICY
Big Day Little Booth LLC, an Ohio limited liability company (“Big Day Little Booth”), takes the privacy of our visitors and the security of their Personal Information very seriously. We provide this Privacy and Security Policy (“Policy”) because you have the right to know what Personal Information we collect, how it is protected and used and the circumstances under which it may be disclosed.
If you have further questions regarding this Policy, please contact us:
(1) by email at info@BigDayLittleBooth.com and include your name and telephone number or email or postal address so that we can contact you.
This Policy applies only to websites operated by Big Day Little Booth (collectively, “Site”). This Policy does not apply to affiliated entities of Big Day Little Booth or to third parties.
The Personal Information We Collect
Big Day Little Booth only collects Personal Information that you voluntarily submit through our Site. “Personal Information” includes information such as your name, street and e-mail addresses, and telephone number(s). We do not automatically collect Personal Information without your knowledge.
Uses of Personal Information
When you submit Personal Information or authorize the submission of Personal Information to the Site, you may be asked to decide how we may use your information. Unless we specifically tell you otherwise before you submit Personal Information, we will only use it to:
(1) Better understand your viewing habits, desires and needs;
(2) Help us understand how we can improve our products, services, and website(s); an
(3) Contact you to ask for your opinion or willingness to participate in certain activities or events. These options give you the opportunity to control the usage of your Personal Information by “opting out” of our systems. In the event you have not given permission for certain Personal Information to be posted or published on the Site, please contact us immediately:
(1) by email at info@BigDayLittleBooth.com and include your name and telephone number or email or postal address so that we can contact you.
To improve your visit to our site(s), we may use “cookies” to obtain non-Personal Information (cookies are text information files that your browser places on your computer when you visit a website). We may aggregate this data to analyze the viewing habits of our site visitors, but it will not be associated with any personally identifiable data.
Sharing Your Personal Information With Others
Big Day Little Booth will not use or share your Personal Information in ways unrelated to the uses described above unless we provide you with prior notice and give you an opportunity to change your usage preferences.
Unless you give us prior consent or make a specific request, Big Day Little Booth will not trade, sell, or share your Personal Information with any person or entity other than appropriate authorized individuals within Big Day Little Booth and its subsidiaries, affiliates and representatives, unless required by law or as disclosed to you before the information is collected.
How You Can Control the Use of Your Personal Information
To modify your Personal Information, contact us at info@BigDayLittleBooth.com. We will make every effort to respond to your requests in a timely manner.
If you have already submitted Personal Information to Big Day Little Booth or given permission for Personal Information to be submitted, posted, uploaded, or published, you may opt-out of Big Day Little Booth’s future use of that information by sending a specific email request to info@BigDayLittleBooth.com. Upon receiving and verifying your request to the best of our ability, we will delete your Personal Information from our records.
There are known methods that spammers can use to hide their identity by using other people’s email address to send out emails. If you have any question about the genuineness of an email you receive that appears to be from Big Day Little Booth, contact us at info@BigDayLittleBooth.com and do not furnish Personal Information in response to the email.
Security of Your Information
The security of your Personal Information is very important to us. We use technical and managerial procedures appropriate to protect your Personal Information and prevent its disclosure outside Big Day Little Booth and those service professionals with whom we do business. Only those authorized by Big Day Little Booth or you will be granted access to your Personal Information.
In addition to careful consideration about what information you share and whom you share it with, we recommend that everyone develop good security habits. These include protecting and regularly changing your password, using computer virus protection, logging off when you finish using your computer, and considering the use of file or email encryption programs.
The Federal Trade Commission has established rules for website operators to make sure that children’s privacy is protected while they’re online. These rules, which went into effect on April 21, 2000, are part of the 1998 Children’s Online Privacy Protection Act (“COPPA”) and Big Day Little Booth operates its Site in compliance with COPPA. For more detailed information on COPPA, please visit: http://www.ftc.gov/privacy/privacyinitiatives/childrens.html.
Enforcement of Policies or Consumer Concerns
If you believe Big Day Little Booth has not adhered to these practices or if you have any concerns related to the privacy of your Personal Information, please notify us by e-mail at info@BigDayLittleBooth.com. We will make every effort to investigate and correct the problem promptly.
Big Day Little Booth may modify or amend this Policy from time to time. Please check back regularly for updates.
Links to Other Sites
We provide links to affiliated entities and on occasion to other sites we think you may enjoy. These sites operate independently of Big Day Little Booth and have established their own privacy and security policies. For the best online experience, we encourage you to review these policies before submitting any Personal Information through these sites.
Consent to Transfer
Big Day Little Booth is operated in Ohio, United States. Please be aware that any information you provide to us will be transferred to Ohio, United States. By using this Site and/or providing us with your Personal Information through this Site, you consent to this transfer.
Updates to this Policy
We will update this Policy from time to time to reflect changes in our business. If we change how we use your Personal Information or the purposes or entities for and to which we disclose your Personal Information we will post the policy change notification on the Site.
Our current Privacy and Security Policy was last updated February 7, 2013.