Web Site - Terms of Use

1. Your Acceptance

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the BIGbreakTALENTbank.com domain name, the "BIGbreakTALENTbank Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS OF USE (the "Terms of Use") AND THE TERMS AND CONDITIONS OF BIGBREAKTALENTBANK'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.BIGbreakTALENTbank.com/t/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the BIGbreakTALENTbank Website.

2. BIGbreakTALENTbank Website

These Terms of Service apply to all users of the BIGbreakTALENTbank Website, including users who are also contributors of written content, video content, sound content, pictorial content information, and other materials or services on the Website. The BIGbreakTALENTbank Website may contain links to third party websites that are not owned or controlled by BIGbreakTALENTbank. BIGbreakTALENTbank has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, BIGbreakTALENTbank will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve BIGbreakTALENTbank from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the BIGbreakTALENTbank Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Website Access

A. BIGbreakTALENTbank hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without BIGbreakTALENTbank's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify BIGbreakTALENTbank immediately of any breach of security or unauthorized use of your account. Although BIGbreakTALENTbank will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of BIGbreakTALENTbank or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the BIGbreakTALENTbank servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, BIGbreakTALENTbank grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. BIGbreakTALENTbank reserves the right to revoke these exceptions either generally or in specific cases. 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 for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

4. Intellectual Property Rights

The content on the BIGbreakTALENTbank Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to BIGbreakTALENTbank, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. BIGbreakTALENTbank reserves all rights not expressly granted in and to the Website and the Content. 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. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the BIGbreakTALENTbank Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the BIGbreakTALENTbank Website or the Content therein.

5. User Submissions

A. The BIGbreakTALENTbank Website may now or in the future permit the submission of writings, pictures, sound recordings, videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, BIGbreakTALENTbank does not guarantee any confidentiality with respect to any 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: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize BIGbreakTALENTbank 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; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to BIGbreakTALENTbank, you hereby grant BIGbreakTALENTbank a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the BIGbreakTALENTbank Website and BIGbreakTALENTbank's (and its successor's) business, including without limitation for promoting and redistributing part or all of the BIGbreakTALENTbank Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the BIGbreakTALENTbank Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the BIGbreakTALENTbank Website.

C. In connection with User Submissions, you further agree that you will not: (i) 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 BIGbreakTALENTbank all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage BIGbreakTALENTbank or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. BIGbreakTALENTbank does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and BIGbreakTALENTbank expressly disclaims any and all liability in connection with User Submissions. BIGbreakTALENTbank does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and BIGbreakTALENTbank will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. BIGbreakTALENTbank reserves the right to remove Content and User Submissions without prior notice. BIGbreakTALENTbank will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. BIGbreakTALENTbank also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. BIGbreakTALENTbank may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

BIGbreakTALENTbank's designated Copyright Agent to receive notifications of claimed infringement is: BIGbreakTALENTbank.com c/o B. Dunn, 6839 Forest Meadow St., San Antonio, TX 78238, email: copyrightagent@BIGbreakTALENTbank.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to BIGbreakTALENTbank customer service through http://bigbreaktalentbank.com/talentbank/contact.php. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

E. You understand that when using the BIGbreakTALENTbank Website, you will be exposed to User Submissions from a variety of sources, and that BIGbreakTALENTbank 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 BIGbreakTALENTbank with respect thereto, and agree to indemnify and hold BIGbreakTALENTbank, 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.

F. BIGbreakTALENTbank permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, BIGbreakTALENTbank provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the BIGbreakTALENTbank website on the pages containing the Embeddable Player. BIGbreakTALENTbank reserves the right to discontinue any aspect of the BIGbreakTALENTbank Website at any time.

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE BIGbreakTALENTbank WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BIGbreakTALENTbank.COM, LLC (“BIGbreakTALENTbank”), ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BIGbreakTALENTbank 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 BIGbreakTALENTbank WEBSITE. BIGbreakTALENTbank DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BIGbreakTALENTbank WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BIGbreakTALENTbank 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.

7. Limitation of Liability

IN NO EVENT SHALL BIGbreakTALENTbank, 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 BIGbreakTALENTbank WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT 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 BIGbreakTALENTbank 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.

The Website is controlled and offered by BIGbreakTALENTbank from its facilities in the United States of America. BIGbreakTALENTbank makes no representations that the BIGbreakTALENTbank Website is appropriate or available for use in other locations. Those who access or use the BIGbreakTALENTbank Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity

You agree to defend, indemnify and hold harmless BIGbreakTALENTbank, 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: (i) your use of and access to the BIGbreakTALENTbank 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 BIGbreakTALENTbank Website.

9. 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. If you are under age 18, talk to your parents or guardians about your use of this site, whether it is appropriate for you, and to obtain their consent.

10. 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 BIGbreakTALENTbank without restriction.

11. General

You agree that: (i) the BIGbreakTALENTbank Website shall be deemed solely based in Nevada; and (ii) the BIGbreakTALENTbank Website shall be deemed a passive website that does not give rise to personal jurisdiction over BIGbreakTALENTbank, either specific or general, in jurisdictions other than Nevada. These Terms of Service shall be governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. Any claim or dispute between you and BIGbreakTALENTbank that arises in whole or in part from the BIGbreakTALENTbank Website shall be decided exclusively by a court of competent jurisdiction located in Washoe County, Nevada. These Terms of Service, together with the Privacy Notice at http://www.BIGbreakTALENTbank.com/t/privacy and any other legal notices published by BIGbreakTALENTbank on the Website, shall constitute the entire agreement between you and BIGbreakTALENTbank concerning the BIGbreakTALENTbank 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 BIGbreakTALENTbank's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. BIGbreakTALENTbank 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 BIGbreakTALENTbank Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND BIGbreakTALENTbank AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BIGbreakTALENTbank WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

12. Chat Room Terms & Uses

BIGbreakTALENTbank.com has a chat room service that allows Members to find and communicate with old and new friends. The services offered by BIGbreakTALENTbank.com ("BIGbreakTALENTbank.com" or "we") include the BIGbreakTALENTbank.com website (the "BIGbreakTALENTbank Website"), and any other features, content, or applications offered from time to time by BIGbreakTALENTbank.com in connection with the BIGbreakTALENTbank Website (collectively, the "BIGbreakTALENTbank Services"). The BIGbreakTALENTbank Services are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the chat room or other BIGbreakTALENTbank Services. By using the BIGbreakTALENTbank Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the BIGbreakTALENTbank Website) or you are a "Member" (which means that you have registered with BIGbreakTALENTbank.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the BIGbreakTALENTbank Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the BIGbreakTALENTbank Website and discontinue use of the BIGbreakTALENTbank Services immediately. If you wish to become a Member, communicate with other Members and make use of the BIGbreakTALENTbank Services, you must read this Agreement and indicate your acceptance during the Registration process for the Chat Room.

This Agreement includes BIGbreakTALENTbank.com's policy for acceptable use of the BIGbreakTALENTbank Services and Content posted on the BIGbreakTALENTbank Website, your rights, obligations and restrictions regarding your use of the BIGbreakTALENTbank Services and BIGbreakTALENTbank.com's Privacy Policy. In order to participate in certain BIGbreakTALENTbank Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the BIGbreakTALENTbank Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@BIGbreakTALENTbank.com, Subject: Terms of Use Agreement.

BIGbreakTALENTbank.com may modify this Agreement from time to time and such modification shall be effective upon posting by BIGbreakTALENTbank.com on the BIGbreakTALENTbank Website. You agree to be bound to any changes to this Agreement when you use the BIGbreakTALENTbank Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on BIGbreakTALENTbank.com and that you provide to other Users. Your BIGbreakTALENTbank.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other BIGbreakTALENTbank.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and BIGbreakTALENTbank.com assumes no responsibility or liability for this material. If you become aware of misuse of the BIGbreakTALENTbank Services by any person, please contact BIGbreakTALENTbank or click on the "Report Inappropriate Content" link at the bottom of any BIGbreakTALENTbank.com page.

BIGbreakTALENTbank.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the BIGbreakTALENTbank Services at any time, for any or no reason, with or without prior notice, and without liability. BIGbreakTALENTbank expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of BIGbreakTALENTbank Services if BIGbreakTALENTbank determines, in its sole discretion, that you pose a threat to BIGbreakTALENTbank and/or its Users.

Eligibility. Use of and Membership in the BIGbreakTALENTbank Services is void where prohibited. By using the BIGbreakTALENTbank Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the BIGbreakTALENTbank Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age. If you are under age 18, talk to your parents or guardians about your use of this site, whether it is appropriate for you, and to obtain their consent.
Term. This Agreement shall remain in full force and effect while you use the BIGbreakTALENTbank Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. BIGbreakTALENTbank.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
Fees. You acknowledge that BIGbreakTALENTbank.com reserves the right to charge for the BIGbreakTALENTbank Services and to change its fees from time to time in its discretion. If BIGbreakTALENTbank.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify BIGbreakTALENTbank.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Non-commercial Use by Members. The BIGbreakTALENTbank Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by BIGbreakTALENTbank.com. Illegal and/or unauthorized use of the BIGbreakTALENTbank Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the BIGbreakTALENTbank Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the BIGbreakTALENTbank Services.
Proprietary Rights in Content on BIGbreakTALENTbank.com.
1. BIGbreakTALENTbank.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the BIGbreakTALENTbank Services. After posting your Content to the BIGbreakTALENTbank Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the BIGbreakTALENTbank Services, you hereby grant to BIGbreakTALENTbank.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the BIGbreakTALENTbank Services.

Without this license, BIGbreakTALENTbank.com would be unable to provide the BIGbreakTALENTbank Services. For example, without the right to modify Member Content, BIGbreakTALENTbank.com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, BIGbreakTALENTbank.com could not allow Users to listen to music posted by Members. The license you grant to BIGbreakTALENTbank.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to BIGbreakTALENTbank.com), fully-paid and royalty-free (meaning that BIGbreakTALENTbank.com is not required to pay you for the use on the BIGbreakTALENTbank Services of the Content that you post), sublicensable (so that BIGbreakTALENTbank.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the BIGbreakTALENTbank Services), and worldwide (because the Internet and the BIGbreakTALENTbank Services are global in reach). This license will terminate at the time you remove your Content from the BIGbreakTALENTbank Services. The license does not grant BIGbreakTALENTbank.com the right to sell your Content, nor does the license grant BIGbreakTALENTbank.com the right to distribute your Content outside of the BIGbreakTALENTbank Services.

You represent and warrant that: (i) you own the Content posted by you on or through the BIGbreakTALENTbank Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the BIGbreakTALENTbank Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the BIGbreakTALENTbank Services.
The BIGbreakTALENTbank Services contain Content of BIGbreakTALENTbank.com ("BIGbreakTALENTbank.com Content"). BIGbreakTALENTbank.com Content is protected by copyright, trademark, patent, trade secret and other laws, and BIGbreakTALENTbank.com owns and retains all rights in the BIGbreakTALENTbank.com Content and the BIGbreakTALENTbank Services. BIGbreakTALENTbank.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the BIGbreakTALENTbank.com Content (excluding any software code) solely for your personal use in connection with viewing the BIGbreakTALENTbank Website and using the BIGbreakTALENTbank Services.
The BIGbreakTALENTbank Services contain Content of Users and other BIGbreakTALENTbank.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the BIGbreakTALENTbank Services.

Content Posted.
1. BIGbreakTALENTbank.com may delete any Content that in the sole judgment of BIGbreakTALENTbank.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. BIGbreakTALENTbank.com assumes no responsibility for monitoring the BIGbreakTALENTbank Services for inappropriate Content or conduct. If at any time BIGbreakTALENTbank.com chooses, in its sole discretion, to monitor the BIGbreakTALENTbank Services, BIGbreakTALENTbank.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
2. You are solely responsible for the Content that you post on or through any of the BIGbreakTALENTbank Services, and any material or information that you transmit to other Members and for your interactions with other Users. BIGbreakTALENTbank.com does not endorse and has no control over the Content. Content is not necessarily reviewed by BIGbreakTALENTbank.com prior to posting and does not necessarily reflect the opinions or policies of BIGbreakTALENTbank.com. BIGbreakTALENTbank.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the BIGbreakTALENTbank Services. BIGbreakTALENTbank.com reserves the right to investigate and take appropriate legal action against anyone who, in BIGbreakTALENTbank.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the BIGbreakTALENTbank Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of BIGbreakTALENTbank.com:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent; or
15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

The following is a partial list of the kind of activity that is illegal or prohibited on the BIGbreakTALENTbank Website and through your use of the BIGbreakTALENTbank Services. BIGbreakTALENTbank.com reserves the right to investigate and take appropriate legal action against anyone who, in BIGbreakTALENTbank.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any Member to buy or sell any products or services through the BIGbreakTALENTbank Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the BIGbreakTALENTbank Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, BIGbreakTALENTbank.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which BIGbreakTALENTbank.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the BIGbreakTALENTbank Services, you acknowledge that you will have caused substantial harm to BIGbreakTALENTbank.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay BIGbreakTALENTbank.com $50 for each such unsolicited email or other unsolicited communication you send through the BIGbreakTALENTbank Services;
covering or obscuring the banner advertisements on your personal profile page, or any BIGbreakTALENTbank.com page via HTML/CSS or any other means;
any automated use of the system, such as using scripts to add friends or send comments or messages;
interfering with, disrupting, or creating an undue burden on the BIGbreakTALENTbank Services or the networks or services connected to the BIGbreakTALENTbank Services;
attempting to impersonate another Member or person;
for band profiles, copying the code for your BIGbreakTALENTbank Player and embedding it into other profiles or asking other Members to embed it into their profiles;
using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your profile;
using any information obtained from the BIGbreakTALENTbank Services in order to harass, abuse, or harm another person;
displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the BIGbreakTALENTbank Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
using the BIGbreakTALENTbank Services in a manner inconsistent with any and all applicable laws and regulations.

Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of BIGbreakTALENTbank.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to BIGbreakTALENTbank.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the BIGbreakTALENTbank Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the BIGbreakTALENTbank Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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. BIGbreakTALENTbank.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, BIGbreakTALENTbank.com c/o B. Dunn, 6839 Forest Meadow St., San Antonio, TX 78238, email: copyrightagent@BIGbreakTALENTbank.com
Member Disputes. You are solely responsible for your interactions with other BIGbreakTALENTbank.com Members. BIGbreakTALENTbank.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
Privacy. Use of the BIGbreakTALENTbank Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Disclaimers. BIGbreakTALENTbank.com is not responsible for any incorrect or inaccurate Content posted on the BIGbreakTALENTbank Website or in connection with the BIGbreakTALENTbank Services, whether caused by Users of the BIGbreakTALENTbank Services or by any of the equipment or programming associated with or utilized in the BIGbreakTALENTbank Services. Profiles created and posted by Members on the BIGbreakTALENTbank Website may contain links to other websites. BIGbreakTALENTbank.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by BIGbreakTALENTbank.com. Inclusion of any linked website on the BIGbreakTALENTbank Services does not imply approval or endorsement of the linked website by BIGbreakTALENTbank.com. When you access these third-party sites, you do so at your own risk. BIGbreakTALENTbank.com takes no responsibility for third party advertisements which are posted on this BIGbreakTALENTbank Website or through the BIGbreakTALENTbank Services, nor does it take any responsibility for the goods or services provided by its advertisers. BIGbreakTALENTbank.com is not responsible for the conduct, whether online or offline, of any User of the BIGbreakTALENTbank Services. BIGbreakTALENTbank.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. BIGbreakTALENTbank.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the BIGbreakTALENTbank Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the BIGbreakTALENTbank Services. Under no circumstances shall BIGbreakTALENTbank.com be responsible for any loss or damage, including personal injury or death, resulting from use of the BIGbreakTALENTbank Services, attendance at a BIGbreakTALENTbank.com event, from any Content posted on or through the BIGbreakTALENTbank Services, or from the conduct of any Users of the BIGbreakTALENTbank Services, whether online or offline. The BIGbreakTALENTbank Services are provided "AS-IS" and as available and BIGbreakTALENTbank.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. BIGbreakTALENTbank.com cannot guarantee and does not promise any specific results from use of the BIGbreakTALENTbank Services.
Limitation on Liability. IN NO EVENT SHALL BIGbreakTALENTbank.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF BIGbreakTALENTbank.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BIGbreakTALENTbank.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BIGbreakTALENTbank.COM FOR THE BIGbreakTALENTbank SERVICES DURING THE TERM OF MEMBERSHIP.
U.S. Export Controls. Software available in connection with the BIGbreakTALENTbank Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the BIGbreakTALENTbank Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Disputes. If there is any dispute about or involving the BIGbreakTALENTbank Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles. Either BIGbreakTALENTbank.com or you may demand that any dispute between BIGbreakTALENTbank.com and you about or involving the BIGbreakTALENTbank Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent BIGbreakTALENTbank.com from seeking injunctive relief in a court of competent jurisdiction.
Indemnity. You agree to indemnify and hold BIGbreakTALENTbank.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the BIGbreakTALENTbank Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the BIGbreakTALENTbank Website or through the BIGbreakTALENTbank Services causes BIGbreakTALENTbank.com to be liable to another.
Other. This Agreement is accepted upon your use of the BIGbreakTALENTbank Website or any of the BIGbreakTALENTbank Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and BIGbreakTALENTbank.com regarding the use of the BIGbreakTALENTbank Services. The failure of BIGbreakTALENTbank.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. BIGbreakTALENTbank.com is a trademark of BIGbreakTALENTbank, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: Contact BIGbreakTALENTbank with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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