BigCarrot User Agreement
Welcome to BigCarrot
By using the services on the BigCarrot website, www.bigcarrot.com (the “Site”), you (the “User”) are agreeing to the following terms, including those available by hyperlink, (the "Agreement" or "User Agreement") with BigCarrot, LLC (the “Operator”).
This Agreement is effective on October 25, 2007, for current Users, and upon acceptance for new Users.
While using the Sites, you will not:
- post content or items in an inappropriate category or areas on the Sites;
- violate any laws, third party rights, or our policies such as the Immoral and Unethical Conduct policy;
- participate in Contests if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites;
- participate on the forums if you are under the age of 13.
- fail to deliver payment for Contests contributed to by you;
- manipulate the value of any Contest;
- interfere with the editing of the Draft Rules of any Contest;
- attempt to manipulate the Voting Porcess
- circumvent or manipulate the Operator’s fee structure, the billing process, or fees owed to BigCarrot;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- transfer your BigCarrot, LLC User account and User ID to another party without the Operator’s consent;
- distribute or post spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm BigCarrot, the Site, or the interests or property of BigCarrot Users;
- copy, modify, or distribute content from the Sites and BigCarrot's copyrights and trademarks; or
- harvest or otherwise collect information about Users, including e-mail addresses, without consent.
Contests are created and the rules drafted by the Users of the Site, not BigCarrot, LLC, and the Operator makes no warranty regarding the advisability, content, merit, utility, applicability, quality, safety, legality, viability, feasibility or practicality of any Contest. Participation in any contest; as a Creator, Contributor and/or Claimant; is entirely at the discretion of the User. By participating in a Contest, the User acknowledges that they have thoroughly and completely read and understood the Contest’s rules. If the User does not fully comprehend the rules of a Contest, the Operator expects the User not to participate in the Contest. Failure to understand the rules of a Contest and their implications is NOT grounds for recourse.
BigCarrot may provide informational content and guides thorough tutorials, F.A.Q.s (Frequently Asked Questions) or other means. These are provided for informational purposes only. The Operator makes no warranty regarding the information provided, its accuracy, or suitability. Users are expected to exercise their own judgment with regard to suitability of any information provided and its application.
BigCarrot and its Users work together to keep the Sites working properly and the community safe. Please report problems, offensive content, and policy violations to the Operator.
Without limiting other remedies, the Operator may limit, suspend, or terminate service and User accounts, prohibit access to the Site, delay or remove hosted content, and take technical and legal steps to keep Users off the Sites if we think that the Users are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of BigCarrot’s policies. The Operator also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
Fees and Services
Joining BigCarrot is free. BigCarrot does charge fees for using other services, such as creating a Contest, contributing to a Contest, and submitting a claim for a Contest. Fees are described in greater detail in the Inducement Contest Terms and Conditions of this User Agreement. Changes to that Policy are effective after the Operator provides the User with at least fourteen days' notice by posting the changes on the Site. The Operator may choose to temporarily change the fees for services for promotional events or new services, and such changes are effective when the Operator posts the temporary promotional event or new service on the Site.
Unless otherwise stated, all fees are quoted in U.S. Dollars. The User is responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If the User’s payment method fails or the User’s account is past due, the Operator may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file, retaining collection agencies and legal counsel.)
When the User give the Operator content, the User grants the Operator a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) the User has in the content, in any media known now or in the future.
The User will not hold BigCarrot, LLC responsible for other Users' actions or inactions. The User acknowledges that BigCarrot, LLC is a non-traditional method for creating, funding and claiming inducement prizes. The Site is a venue to allow anyone to Create, Contribute to, and Claim an inducement prize on just about any subject, at anytime, from anywhere, under a variety of rules. The Operator is not involved in the actual execution of any Contest. The Operator has no control over and does not guarantee the quality, safety or legality of Contests offered; the advisability, content, merit, utility, viability, feasibility or practicality of any Contest; or that the prize for any Contest will be claimed.
If the User has a dispute with one or more Users, the User releases the Operator (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and Interference
The Site contains robot exclusion headers. Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to BigCarrot, LLC by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without the Operator’s express written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Sites without the prior expressed written permission of BigCarrot, LLC and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Should you register for more than one Personal Account, BigCarrot, LLC (the “Operator”) reserves the right to terminate all of your accounts. The User agrees to provide true, accurate and complete registration information and to maintain and promptly update the information as applicable. The User agrees not to impersonate any other person or use a name that the User is not authorized to use. If any information the User providse is untrue, inaccurate, not current, or incomplete, without limiting other remedies, the Operator has the right to terminate the User’s use of the Site and BigCarrot, LLC, its agents, suppliers, and subcontractors have the right to recover from the User any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. The User authorizes BigCarrot, LLC, directly or through third parties, to make any inquiries the Operator considers necessary to validate the User’s registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. To be eligible for an account, you may not be a resident of Cuba, Iran, Syria, North Korea, Myanmar (formerly Burma) and Sudan or wherever prohibited or restricted by law.
Users are required to register on the Site in order to use the BigCarrot Forums. Use of the forums is not predicated on Participation in and Contests. Users of the forums must agree to the terms of the BigCarrot Forums User Agreement.
You will indemnify and hold BigCarrot, LLC (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the User’s breach of this Agreement, or the User’s violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on BigCarrot’s national registered agent (in the case of BigCarrot, LLC) or to the e-mail address the User provides to BigCarrot during the registration process (in the User’s case). Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the email address is invalid. Alternatively, BigCarrot, LLC may give the User legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
General Headings are for reference purposes only and do not limit the scope or extent of such section. The Operator’s failure to act with respect to a breach by the User or others does not waive the Operator’s right to act with respect to subsequent or similar breaches. The Operator do not guarantee the Operator will take action against all breaches of this Agreement.
BigCarrot, LLC may amend this Agreement at any time by posting the amended terms on this Site. Except as stated elsewhere, all amended terms shall automatically be effective 14 days after they are initially posted. This Agreement may not be otherwise amended except in a writing signed by the User and BigCarrot, LLC. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: BigCarrot Inducement Prize Terms and Conditions, BigCarrot Escrow Agreement, and BigCarrot Forum Terms and Conditions.