BigJock.com is an online service that provides social networking designed for, but not exclusively for the gay community, allowing members the ability to design, build and create their own profiles within the BigJock.com website, enabling them to keep in touch with friends and meet new friends.  BigJock.com’s services include the BigJock.com website and content, its features, applications, and other services and applications that may be offered now or at a future date.  These elements are collectively referred to as the BigJock.com Services.  BigJock.com and its services are hosted in The United States of America. 

This Agreement (BigJock.com Terms of Use) outlines the legally binding terms of your use of the BigJock.com Services.  In using the BigJock.com Services, you hereby agree to be bound by this agreement, regardless if you are a non-member Visitor who is browsing the BigJock.com website, or if you are a Member, meaning you are registered with BigJock.com.  All Users, Members or Visitors, are only allowed use of the BigJock.com Services if you agree abide by all prevailing, existing and applicable laws and to the terms of this Agreement.

Please take the time to read this Agreement carefully.  You are encouraged to save it, and check back frequently for any changes and/or updates.  If you do not agree with the BigJock.com Terms of Use, please leave the BigJock.com website and no longer use its Services.  If you wish to use the BigJock.com Services as either a Visitor or a Member you are required to read this Agreement and accept its terms prior to any use and/or completing your registration.  BigJock.com may change, update or modify this Agreement without notice, and such changes will be in effect when posted by BigJock.com on the BigJock.com website.  All BigJock.com Users hereby agree to be bound by any changes to this Agreement upon any changes posted. 

The BigJock.com Terms of Use includes your obligations, restrictions and rights when using the BigJock.com Services.  Since Members are responsible for their profile’s content, you are obligated to use common sense when posting personal or identifiable information about yourself.  Your BigJock.com profile should be in good taste and cannot contain any sexually explicit or pornographic images, nudity, or copyrighted items of which the Member is not the copyright holder or owner.  In addition, any items containing excessive violence, lewd acts, harassing (sexual, racial, religious, etc.) shall not be posted within the BigJock.com community.  Despite these regulations, some Members may post offensive, lewd or inappropriate items within their profiles, and BigJock.com will assume no liability of responsibility for these actions or materials.  If you witness or become aware of any person or Member violating these Terms of Use, please contact BigJock.com by locating the link at the bottom of every page and notify the Systems Administrator regarding any questionable material(s). 

The BigJock.com Terms of Use also allow BigJock.com the right to reject, refuse or remove any Member posting or upload, at its sole discretion, and/or terminate, suspend or restrict Member’s access or membership to all or parts of BigJock.com at any time, with or without cause, without prior notice, and without any liability. 

1. TERM.  The BigJock.com Terms of Use will remain in effect during the duration of your usage (as a Visitor or Member) of the BigJock.com Services.  Members may terminate their BigJock.com membership for any reason at any time.  BigJock.com may terminate your membership for any reason at any time, without liability.  In the event a Member’s account is terminated, either by the Member or BigJock.com, the BigJock.com Terms of Use will remain in effect.
2. MEMBERSHIP ELIGIBILITY.  The use of, either as a Visitor or Member, BigJock.com and its services is void where prohibited, and for persons 18 years of age and older.  You, the User, warrant that all information provided during Registration is accurate and of a truthful nature, and all future Registration information you submit will also be truthful.  Membership of BigJock.com may be terminated, and all content deleted, if we believe or determine that you are less than 18 years of age. 
3. FEES.  At this time, all areas of BigJock.com are free of charge for Users and Members; however, you acknowledge that BigJock.com may change these policies and charge fees for some or all services at a future date, at its sole discretion. 
4. PASSWORD.  BigJock.com will never ask for your password in any communication, email or Instant Message.  You and every Member is responsible for the secrecy, privacy and confidentiality of your password.  You will choose a password when you proceed through the Registration process, and you agree not to provide your password to any third-party.  Please notify BigJock.com immediately if you believe there is unauthorized use of your account, or someone has obtained your password.  Members possess sole responsibility for all use(s) of their account. 
5. NON-COMMERCIAL USE BY MEMBERS.  Any unsolicited contact of Members for the purpose of commerce is prohibited.  BigJock.com and its Services are for personal use only.  Personal use may include a businessman posting in his profile his work, portfolio or contact information (for example, a real estate agent may include his listings, but may not solicit business from members without their permission).  All unauthorized, illegal or illicit use of BigJock.com Services, including data farming, email address phishing and the collection of user names is prohibited, and if the activity is illegal, the appropriate legal authorities will be notified. 
6. OWNERSHIP OF BIGJOCK.COM CONTENT.  BigJock.com will not and does not claim rights, title or ownership of any Content uploaded, written, posted or published on BigJock.com.  Upon posting any Content to BigJock.com, you will retain all rights to this Content.  However, by posting, publishing or uploading Content on the BigJock.com website, you are granting BigJock.com the rights, in the form of a limited license, to use publicly, modify, display, distribute, publicize and feature on BigJock.com and its Services.  If such a license were not granted, BigJock.com Services could not continue to provide Member Services.  For example, when a photographer posts his work, he is the license-holder of his work.  Without his license, BigJock.com would not be authorized to display his work.  This license will be void when you delete material from the BigJock.com website or terminate your membership.  This license also does not allow BigJock.com to distribute Content outside of BigJock.com, nor does it authorize BigJock.com to sell, lease or rent such Content. 
7. BIGJOCK.COM PICTURE POLICY.  You are encouraged to post at least one picture of yourself to the site so other members can put a face to the name!  Of course, you can post pictures of other people, places, things or events as well.  When you access the BigJock.com website community and submit photographs, pictures or images for upload to the site, you, the User, agree to abide by the following terms and conditions: 

1. No sexually explicit photos, photos containing nudity, pornographic images, or copyrighted images (unless the Member is the copyright owner/holder) will be permitted.  Any such photos, if observed by other members, should be flagged for removal.  Keep in mind; images of a cartoon or a cartoon character, celebrity or other well-known person are often copyrighted by the creator of that image.  If the copyright owner of any image contacts BigJock.com regarding any copyright infringement, we are obligated to remove that image upon request.
2. Posting photographs of other individuals without their permission is not permitted.
3. For your security and safety, no photos containing information that may identify you or another person is not permitted.  For example, a scan of your driver’s license or school I.D. card would not be allowed.
4. Photos, pictures or images are limited to a file size of 600kb, per file.  Files must be submitted in either .jpg or .gif format. 
5. BigJock.com claims no ownership of any image posted within the community, but reserves the right to review all submissions and remove any image for any reason at our discretion.  If you see any image that may be objectionable or does not meet these requirements, please locate the Inappropriate Content link at the bottom of each page.

8. BIGJOCK.COM SERVICES CONTENT.  All content within BigJock.com is protected by all applicable copyright, trademark and patent laws.  BigJock.com is the sole owner of the BigJock.com Services, and grants you a limited license to display and reproduce Content for your personal, private and not for resale viewing and use of the BigJock.com Services.  This license may be revoked at any time. 
9. WARRANTY.  BigJock.com makes no warranty, expressed or implied to the accuracy, reliability or timeliness of any Content, material, information or statements that Members may post or that you transmit to another Member, or another Member transmits to you. 
10. DISPUTES BETWEEN MEMBERS.  BigJock.com has no obligation to resolve, monitor, judge or be an arbitrator with regard to any dispute between you and another Member, or between any groups of Members.  Members hold the sole responsibility for their acts, actions, behavior and interactions within the Member community. 
11. PROHIBITED ACTIVITY AND CONTENT.  The following articles are a partial list Content and Activity that is prohibited (or illegal) to post, upload or submit to the BigJock.com website or its Services.  BigJock.com reserves the right to delete any objectionable activity or content at its sole discretion, and report any illegal activity to the appropriate authorities.  BigJock.com will cooperate with law enforcement when required.  Prohibited Content includes, but is not limited to:
    
    
1. Blatant nudity, pornography or lewd acts
2. Any form of child abuse
3. Content that includes racism, excessive violence, bigotry and hatred of any specific group (race, religion, national origin, sexual orientation, etc.)
4. Advocating violence, harm or harassment of another person, group or organization
5. The use of copyrighted material, when you are not the owner of such Content
6. Overwriting, circumventing, reselling, copying or pirating BigJock.com code
7. Providing any personal contact information of another person, including their email address, telephone number(s), home, business or other address, or their URL (web address). 
8. Supplying any pirated or illegal music, movies or software, or providing information leading people to such material
9. Promoting a business that may be categorized as a Pyramid-type business or Multi-Level-Marketing (MLM)
10. The sending of chain letters, Spam or junk mail
11. Promoting any form of criminal activity
12. Promoting any form of a contest, lottery or sweepstakes
13. Promoting or advocating the sale or use of illicit or illegal drugs
14. Promoting, soliciting or advocating sex with a person under the age of 18
15. Stalking, harassing or Spamming another Member
16. Publishing trade secrets
17. Blackmail
18. Masking, covering, obscuring or redirecting any banner or text advertising on your personal page, or any BigJock.com page by any means.
19. Automated or mechanical use of the system
20. Willingly disrupting BigJock.com Services, its website or other Members ability to view BigJock.com
21. Impersonating another person or Member
22. Accepting advertising, payment or any form of compensation from a third-party for displaying Content within your BigJock.com profile, or the sale or transfer of your BigJock.com profile or Membership

12. DISCLAIMERS.  BigJock.com is not responsible for Content (accurate, inaccurate or incorrect) posted, listed, written or uploaded to the BigJock.com website.  BigJock.com is not responsible for, nor does it endorse or condone any opinions expressed by its Members.  BigJock.com is not responsible, nor does it endorse or support the URL link to any external website, and any patronage or access of these websites is at the risk of the User.  BigJock.com holds no warranty and holds no responsibility for the advertising content or its accuracy on the BigJock.com website.  BigJock.com is not responsible for the acts, actions or communications of any Member of the BigJock.com Services, inside or outside the website Community.  BigJock.com is not responsible for any technical issues related to the availability of the website, online systems, Internet Service Providers, software, email, email delivery delay or failure or congestion of the Internet.  BigJock.com is not responsible for any downloaded material obtained directly or indirectly from BigJock.com, its Services or Members, either inside or outside the website.  BigJock.com is not responsible for any person’s well being, personal injury or loss of life resulting in the attendance of an event promoted by BigJock.com, an event that was posted by a BigJock.com Member, an event promoted by a BigJock.com Member, or from any contact with a BigJock.com Member or User.  All BigJock.com Services are provided “AS-IS.”
13. LIMITATION ON LIABILITY.  IN NO EVENT SHALL BIGJOCK.COM, ITS SERVICES OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNATIVE DAMAGES, INCLUDING THE LOSS OF PROFIT OR INCOME RESULTING FROM YOUR USE OF THE BIGJOCK.COM SERVICES, EVEN IF BIGJOCK.COM HAS BEEN NOTIFIED OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.  ANY LIABILITY, IF ANY, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO BIGJOCK.COM FOR ITS SERVICES DURING THE DURATION OF YOUR MEMBERSHIP.
14. DISPUTES.  You agree that any dispute involving you or the prevailing laws of the State of California, United States of America shall govern the BigJock.com Services, without regard to conflict of law provisions, and you agree to exclusive venue in the state and federal courts of the United States of America, located in San Francisco, California.  
15. INDEMNITY.  You agree to hold BigJock.com, its subsidiaries, affiliates, advertisers, investors, and their respective officers, agents, partners and employees harmless for any form of loss, claim, liability, or demand, including any attorney’s fees due to or arising from your use of any of the BigJock.com Services that are in violation or breach of this Agreement, or from your actions, including Content posted, uploaded or written by you that appears on the BigJock.com website that may cause BigJock.com to be liable to a third party. 
16. ACCEPTANCE BY USER.  The Agreement set forth is accepted upon your engagement and use of BigJock.com or any of the Services provided by BigJock.com, and is verified upon you becoming a Member.  This Terms of Use constitutes the entire Agreement between you and BigJock.com regarding the use of BigJock.com and its Services.  The failure of BigJock.com to exercise or enforce any provision or right of this Agreement shall not be seen as a waiver of such right or provision.  Each section title is strictly for your convenience and has no legal or contractual impact.  The Agreement operates to the fullest extent permissible by law.  If any provision is deemed unlawful, void or unenforceable, that provision is deemed severable from this agreement and does not impact the overall validity and enforceability of any and all remaining provisions. 

You may contact BigJock.com regarding any questions about this agreement at: Contact@BigJock.com

I HAVE READ THIS ENTIRE AGREEMENT AND HEREBY AGREE TO ALL OF THE PROVISIONS CONTAINED WITHIN.