BigMarker is a webinar, virtual and hybrid events platform. Companies, organizations, universities, and governments use BigMarker to host live, on-demand, and automated online conferences, trainings and events to create more meaningful conversations with their customers. BigMarker includes products, features, and services to help people host and attend interactive video event experiences. Our service is designed to give you control and flexibility over the experiences you create and attend using BigMarker. However, you agree to use the Service responsibly and in compliance with the acceptance of these terms.
In particular, make sure that none of the prohibited items (including spam, viruses and other destructive elements, or hate content) appear in any content that you share, or get linked to from your site or content. BigMarker is committed to helping people connect safely and respectfully to exchange knowledge and ideas. It's your job to use BigMarker’s software responsibly.
Your use of and access to the Website and Products and Services and associated software (collectively, the “Services”) of BigMarker, LLC and its affiliates (“BigMarker”) is conditioned upon your compliance with and acceptance of these terms, which include your agreement to arbitrate claims. Please review thoroughly before accepting.
By accessing the BigMarker website or by utilizing the BigMarker Services you agree to be bound by these Terms of Service and all Exhibits (if any), and incorporated policies (the “Agreement” or “TOS”). The BigMarker Services are not available to persons who are not legally eligible to be bound by these Terms of Service.
BigMarker will provide the Services, and you may access and use the Services, in accordance with this Agreement. Unless otherwise expressly set forth in any such additional terms and conditions applicable to the specific Service which you choose to use, those additional terms are hereby incorporated into this Agreement in relation to your use of that Service.
The following definitions will apply in this Agreement, and any reference to the singular includes a reference to the plural and vice versa.
“Affiliate” means, with respect to a Party, any entity that directly or indirectly controls, is controlled by or is under common control with that Party.
“Channel” means a customer’s account to which Content is published and through which its End Users access the Services.
“Content” means webinars or videos produced, uploaded or published to BigMarker by a customer or its End Users, including any presentations, handouts, videos, chat messages and other associated content included therein.
“End User” means an event attendee who uses the Services.
“Master Subscription Agreement” means a contract customers may enter into with BigMarker to amend the terms and conditions of its use of one or more BigMarker offerings or services.
2.1 DELIVERY OF SERVICES. BigMarker will provide the Services, and standard updates to the Services that are made generally available by BigMarker during the term. BigMarker may, in its sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice.
3. USE OF SERVICES AND YOUR RESPONSIBILITIES
3.2 SYSTEM REQUIREMENTS. Your use of the Services is pursuant to the System Requirements defined in the documentation. Use of the Services requires one or more compatible devices, Internet access (fees may apply) with sufficient speed and consistency, and certain operating systems, web browsers and other software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, Your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is highly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility.
3.3 REGISTRATION INFORMATION. You may be required to provide information about Yourself in order to register for and/or use certain Services. You agree that any such information shall be accurate. You may also be asked to choose a username and password. You are entirely responsible for maintaining the security of Your username and password and agree not to disclose such to any third party.
3.4 YOUR CONTENT. You agree that You are solely responsible for the content ("Content") sent, transmitted, displayed or uploaded by You in using the Services and for compliance with all Laws pertaining to the Content, including, but not limited to, Laws requiring You to obtain the consent of a third party to use the Content and to provide appropriate notices of third party rights. You represent and warrant that You have the right to upload the Content to BigMarker and that such use does not violate or infringe on any rights of any third party. Under no circumstances will BigMarker be liable in any way for any (a) Content that is transmitted or viewed while using the Services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. Although BigMarker is not responsible for any Content, BigMarker may delete any Content, at any time without notice to You, if BigMarker becomes aware that it violates any provision of this Agreement, or any law. You retain copyright and any other rights You already hold in Content which You submit, post or display on or through, the Services.
3.5 RECORDINGS. You are responsible for compliance with all recording laws. The host can choose to record BigMarker meetings, webinars and events. By using the Services, you are giving BigMarker consent to store recordings for any or all BigMarker meetings, webinars or events that you join, if such recordings are stored in our systems. You will receive a notification (visual or otherwise) when recording is enabled. If you do not consent to being recorded, you can choose to leave the meeting, webinar, or event.
3.6 PROHIBITED USE. You agree that You will not use, and will not permit any End User to use, the Services to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Services; (ii) knowingly or negligently use the Services in a way that abuses, interferes with, or disrupts BigMarker’s networks, Your accounts, or the Services; (iii) engage in activity that is illegal, fraudulent, false, or misleading; (iv) transmit through the Services any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the Services; (vi) use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of BigMarker or other users of Services; (viii) engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or BigMarker's security systems; (ix) use the Services in violation of any BigMarker policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and You agree that You are solely responsible for compliance with all such laws and regulations.
3.7 LIMITATIONS ON USE. You may not reproduce, resell, or distribute the Services or any reports or data generated by the Services for any purpose unless You have been specifically permitted to do so under a separate agreement with BigMarker. You may not offer or enable any third parties to use the Services purchased by You, display on any website or otherwise publish the Services or any Content obtained from a Service (other than Content created by You) or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially similar to the Services, without the express written consent of BigMarker.
4. BIGMARKER OBLIGATIONS FOR CONTENT.
4.1 Ownership. You own the rights to all Content you produce using BigMarker, and you retain the rights to any of your Content that you upload to BigMarker.
4.2 Public Content. If you designate the privacy setting of your content to be Public, then you grant BigMarker permission to make your webinar discoverable to other BigMarker users and to search engines such as Google, and you grant BigMarker a world-wide, royalty-free, and non-exclusive license to publish the Content in order to promote the Content.
4.3 Private Content. If you designate the privacy setting of your content to be Private, BigMarker will make reasonable efforts to protect sensitive and confidential information. BigMarker will not under any circumstances reproduce, modify, adapt and publish Private Content without your prior written permission.
4.4 Deleted Content. If you delete Content, BigMarker will use reasonable efforts to remove it from the website and Services, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
4.5 Recorded Content. By opting in to record a webinar or participating in a webinar that is being recorded, you grant a non-exclusive license to the webinar organizer to reproduce, modify, adapt and publish the Content.
4.6 Sharing Content. By opting in to share Content on third-party platforms and websites, using features including without limitation the upload to YouTube tool, share on Facebook tool, or embed video tool, you grant non-exclusive license to publish the Content on those third-party platforms and websites.
BigMarker has no other obligations with respect to Content.
5. ELIGIBILITY. You affirm that You are at least 16 years of age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Your access may be terminated without warning if we believe that You are under the age of 16 or are otherwise ineligible.
6. INTENDED USE; RESTRICTION ON USE BY CHILDREN. The Services are intended for business use. You may choose to use the Services for other purposes, subject to the terms and limitations of this Agreement. BigMarker is not intended for use by individuals under the age of 16. Individuals under the age of 16 may not create accounts or use the Services except as described herein.
7. CHARGES AND CANCELATION. You agree that BigMarker may charge to Your credit card or other payment mechanism selected by You and approved by BigMarker ("Your Account") all amounts due and owing for the Services, including taxes and service fees, set up fees, subscription fees, or any other fee or charge associated with Your Account. BigMarker may change prices at any time, including changing from a free service to a paid service and charging for Services that were previously offered free of charge; provided, however, that BigMarker will provide you with prior notice and an opportunity to terminate Your Account if BigMarker changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of the applicable fees and agreed to pay such fees. You agree that in the event BigMarker is unable to collect the fees owed to BigMarker for the Services through Your Account, BigMarker may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by BigMarker in connection with such collection activity, including collection fees, court costs and attorneys' fees. You further agree that BigMarker may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due. You may cancel your subscription at any time. If you cancel, you will not be billed for any additional terms of service, and service will continue until the end of the current Subscription Term. If you cancel, you will not receive a refund for any service already paid for.
8. TERMINATION. The BigMarker website, your Order or Order Form contains information on how to terminate Your Account. If you have purchased a Service for a specific term, such termination will be effective on the last day of the then-current term. Your Order or Order Form may provide that a Renewal Term will begin automatically unless either party provides notice of termination at least thirty (30) days prior to the commencement of the next Renewal Term. If You fail to comply with any provision of this Agreement, BigMarker may terminate this Agreement immediately and retain any fees previously paid by You. Sections 1 and 3 through 20, inclusive, shall survive any termination of this Agreement. Upon any termination of this Agreement, You must cease any further use of the Services. If at any time You are not happy with the Services, Your sole remedy is to cease using the Services and follow this termination process.
9. PROPRIETARY RIGHTS. BigMarker and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks, service marks, logos, and domain names ("BigMarker Marks") associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any BigMarker Marks, or other proprietary information (including images, text, page layout, or form) of BigMarker without express written consent. You may not use any meta tags or any other "hidden text" utilizing BigMarker Marks without BigMarker's express written consent.
10. COPYRIGHT. You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. BigMarker may deny access to the Services to any User who is alleged to infringe another party's copyright. Without limiting the foregoing, if You believe that Your copyright has been infringed, please notify BigMarker as specified here.
11. EXPORT RESTRICTIONS. The Services and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. You represent that you are not named on any U.S. government denied-party list. You will not access or use the Services in a U.S.-embargoed country or region (currently Cuba, Iran, North Korea, Sudan, Syria, and Crimea) or in violation of any U.S. export law or regulation.
12. NO HIGH RISK USE. The Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. The Services shall not be used for or in any high risk environment.
13. INJUNCTIVE RELIEF. You acknowledge that any use of the Services contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to BigMarker, its Affiliates, suppliers and any other party authorized by BigMarker to resell, distribute, or promote the Services ("Resellers"), and under such circumstances BigMarker, its Affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
14. NO WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND BIGMARKER, ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BIGMARKER, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. BIGMARKER DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. BIGMARKER CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. USE IS AT YOUR OWN RISK.
15. INDEMNIFICATION. You agree to indemnify, defend and hold harmless BigMarker, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from Your use of the Services, Your violation of this Agreement or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity or applicable law.
16. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BIGMARKER OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF BIGMARKER, ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, BIGMARKER, ITS AFFILIATES', SUPPLIERS' AND RESELLERS' MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS.
Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You.
17. AGREEMENT TO ARBITRATE; WAIVER OF CLASS ACTION. If You are located in the United States, You agree to resolve disputes only on an individual basis through arbitration. The parties expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity.
19. SYSTEM REQUIREMENTS. BigMarker’s System Requirements are the minimum acceptable requirements and configurations, including Supported Devices, Supported Operating Systems, Supported Web Browsers and Supported Network Environments that an End User must satisfy in order to use the Services under the terms of this Agreement. Customers acknowledge that BigMarker cannot guarantee that End Users failing to meet the System Requirements will be able to access all functions and features of the Services.
20.1 Jurisdiction; Governing Law. This Agreement and all Orders shall be governed and construed in accordance with the laws of the State of Illinois without reference to its conflicts of laws principles. Venue for any proceedings to enforce this Agreement shall be in the state or federal courts of Cook County, Illinois, and each party hereby consents to the exclusive personal jurisdiction of such courts.
20.2 Waiver and Severability. Failure by either Party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
20.3 General Provisions. This Agreement embodies the entire understanding and agreement between the Parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the Parties respecting such subject matter, except that if You or Your company have executed a separate written agreement or you have signed an order form referencing a separate agreement governing your use of the Services, then such agreement shall control to the extent that any provision of this Agreement conflicts with the terms of such agreement. BigMarker may elect to change or supplement the terms of this Agreement from time to time at its sole discretion. BigMarker will exercise commercially reasonable business efforts to provide notice to You of any material changes to this Agreement. Within ten (10) business days of posting changes to this Agreement (or ten (10) business days from the date of notice, if such is provided), they will be binding on You. If You do not agree with the changes, You should discontinue using the Services. If You continue using the Services after such ten-business-day period, You will be deemed to have accepted the changes to the terms of this Agreement. In order to participate in certain Services, You may be notified that You are required to download software and/or agree to additional terms and conditions. Unless expressly set forth in such additional terms and conditions, those additional terms are hereby incorporated into this Agreement. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes.