Terms of Use

As a condition of your use of the Service, you represent and warrant to, and covenant with Big Room that: (1) you are at least thirteen (13) years of age; (2) you possess the legal authority to create a binding legal obligation for yourself, or if you are using the Service on behalf of another person or entity, then you possess the legal authority to create a binding legal obligation for that other person or legal entity; (3) you will use the Service in accordance with these Terms of Use; and (4) all information supplied by you on the Service is true, accurate, current and complete.

If you have registered and activated a .eco domain and associated Eco Profile, you agree to: (1) update or review your Eco Profile at least annually, and show continued commitment to sustainability over time; (2) display environmental community-related content on your second-level domains under .eco and your Eco Profile and use them in a manner that supports environmental goals and values; and (3) provide content on your .eco second-level domains and Eco Profile and use them in a manner that is accurate, non-deceptive, and reliable (such content and use must also encourage environmental awareness and action on sustainability).

Big Room retains the right, at its sole discretion, to deny access to anyone to the Service, at any time and for any reason, including, but not limited to, for violation of these Terms of Use. You will cease and desist from any such access or use immediately upon request by Big Room.

By submitting content to the Service or Big Room, including any postings, questions, comments, suggestions, ideas, or similar information (collectively, “Submissions”), you grant Big Room and its affiliates, a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right, without notice or compensation to you, to: (1) access, collect, store, use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (2) use the name that you submit in connection with such Submission. You acknowledge that Big Room may choose to provide attribution of your Submissions at our discretion, and that such Submissions may be shared with others using the Service. You further grant Big Room the right to pursue at law any person or entity that violates your or Big Room’s rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that Submissions are non-confidential and nonproprietary.

Big Room takes no responsibility and assumes no liability for any Submissions posted or submitted by you. Big Room has no obligation to post your Submissions and reserves the right, in its absolute discretion to determine which Submissions are published on the Service. If you do not agree to these terms, please do not provide us with any Submissions.

You are fully responsible for the content of your Submissions, specifically including, but not limited to, postings you make to the Service. You will not post or transmit to or from the Service: (1) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity or privacy, or that would violate any law; (2) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); or (3) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Service. You acknowledge that Big Room may exercise its rights in respect of any Submissions without any notice to you.

Big Room may collect and analyze data and other information relating to the provision, use and performance of the Service and related systems and technologies (including, without limitation, information concerning Submissions and other user created data and data derived therefrom), and during and after the Term of these Terms of Use, Big Room may: (i) use such data and information to improve and enhance the Service and for other development, diagnostic and corrective purposes in connection with the Big Room’s Service or other offerings; (ii) disclose such data and information solely in aggregated or other de-identified form in connection with its business; and (iii) disclose such data and information as necessary to comply with applicable law or an order of a court or similar judicial or administrative body.

All Content, including (without limitation) all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Service, are owned or licensed by Big Room and are protected by copyright, trade-mark and other intellectual property laws.

Big Room expressly reserves all rights in the Service and all materials provided by Big Room in connection with these Terms of Use that are not specifically granted to you. You acknowledge that all rights, title and interest in the Service, all materials provided by Big Room in connection with these Terms of Use (including the Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with Big Room (or third party suppliers, if applicable), and that access to the Service and all materials provided by Big Room hereunder are licensed and not “sold” to you.

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY, OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

THE .ECO MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, STATUTORY, IMPLIED, COLLATERAL OR OTHERWISE. USE OF THE .ECO MATERIALS IS AT YOUR OWN RISK. BIG ROOM DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE .ECO MATERIALS. THE .ECO MATERIALS MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES. BIG ROOM DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE .ECO MATERIALS. IN ADDITION, BIG ROOM EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE .ECO MATERIALS.

ANY INFORMATION ABOUT PRODUCTS, SERVICES, OR OTHER INITIATIVES DISPLAYED ON OR THROUGH THE .ECO MATERIALS ARE INTENDED ONLY AS GENERAL GUIDELINES, AND BIG ROOM DOES NOT GUARANTEE THEIR ACCURACY, SUFFICIENCY, TIMELINESS OR FITNESS FOR A PARTICULAR PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, BIG ROOM DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE .ECO MATERIALS WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR THAT THE .ECO MATERIALS ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL BIG ROOM BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT BIG ROOM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE .ECO MATERIALS.

TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL THE TOTAL CUMULATIVE AGGREGATE LIABILITY OF BIG ROOM IN CONNECTION WITH OR UNDER THESE TERMS OF USE, INCLUDING YOUR USE OF, OR INABILITY TO MAKE USE OF, THE .ECO MATERIALS, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THESE TERMS OF USE, EXCEED CAD $10.00 OR THE EQUIVALENT IN LOCAL CURRENCY. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

You will defend, indemnify and hold harmless Big Room and all of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of:

1. (1) your breach of any of your warranties, representations or obligations under these Terms of Use or any documents referenced herein;
2. (2) your violation of any law or the rights of a third party (including, without limitation, intellectual property rights); or
3. (3) your use of the Service.

These Terms of Use will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. These laws apply to your access to or use of the .eco Materials, notwithstanding your domicile, residency or physical location. The .eco Materials are intended for use only in jurisdictions where they may lawfully be offered for use.

Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Vancouver, British Columbia, Canada in all disputes arising out of or relating to the use of the .eco Materials.

These Terms of Use (including any documents incorporated by reference herein) constitute the entire agreement between Big Room and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Big Room with respect to the Service. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Big Room's failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provisions or right.

If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions contained herein.

If any of the provisions contained in these Terms of Use conflict with the terms of another agreement between the parties, then these Terms of Use will prevail.

It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.