Terms and Conditions and Privacy Statement

Terms & Conditions

Big Picture Foundation Inc. – Website Terms and Conditions

Effective: September 1, 2018

Acceptance of the Terms of Use

These terms and conditions of use (“Terms and Conditions”) are entered into by and between you and Big Picture Foundation Inc. (“Big Picture,” “we,” “us,” or “our”). These Terms and Conditions govern your access to and use of this website, including any content, functionality, and services offered on or through the website (the “Site”). Please read the Terms and Conditions carefully before you start to use the Site. By clicking the accept button you accept and agree to be bound by and abide by these Terms and Conditions and our Privacy Policy found at https://www.bigpicturefoundation.org/privacy-policy, and incorporated herein by reference. If you do not agree to these Terms and Conditions, then you should not access or use this Site.

Use of Site/Updates to Site

Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. If you do not meet all of these requirements, you must not access or use the Site. Big Picture reserves the right to change, update, revise or modify these Terms and Conditions from time to time at its sole discretion. All revisions are effective immediately when posted on this Site. You are bound by any such revisions and should therefore periodically visit this page to review the current rules and regulations. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section of these Terms and Conditions will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site. Big Picture reserves the right to seek, suspend or terminate your access to this Site without notice, as well as all remedies available by law for such violations if you violate these Terms and Conditions. These Terms and Conditions apply each time you use this Site.

Registration Policy

To access the Site or some of the resources it offers you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide is correct, current and complete. You agree that all information you provide to register with this Site is governed by our Privacy Policy (https://www.bigpicturefoundation.org/privacy-policy). When you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provisions of these Terms and Conditions.

Compliance with Applicable Laws; Export Control

This Site is subject to United States export control laws and may also be subject to the laws of the country where you reside. You may not download or export any software or certain technical data from this Site (i) into (or to a national or resident of) any country to which the United States has embargoed goods, including without limitation, Cuba, North Korea, Iran, Syria and Sudan, or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software or technical data, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Electronic Communications and Communications Transmitted to this Site

By visiting the Site or by sending emails to us, you are knowingly and voluntarily consenting to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Any communication or material you transmit to this Site by email or otherwise, including any data, questions, comments or suggestions, or the like (“Submissions”), is, and will be treated as, non-confidential, non-proprietary and will become the exclusive property of Big Picture, even if these Terms and Conditions or any other agreement you have entered into with us is later terminated or amended. We will not pay you or anyone else for any information that you provide which is used by us. Additionally, you acknowledge that you have full responsibility for any such submissions you make, including its legality, reliability, appropriateness, originality, and copyright.

Big Picture reserves the right, but has no obligation, to: (i) review Submissions for accuracy or otherwise; (ii) edit, delete or refuse to post any Submissions that are profane, obscene, personal attacks on other individuals, slanderous, defamatory, pornographic, threatening, or harassing, or that contain any other information that Big Picture deems to be inappropriate for this Site or that in any other way violate these Terms and Conditions, as well as any applicable law; (iii) monitor and/or filter all Submissions; and/or (iv) disclose any Submission to any party for any reason or purpose, including, but not limited to, third parties to operate this Site and to comply with legal obligations or governmental requests. Big Picture may use any Submissions for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting at no cost obligation to Big Picture. Big Picture may also use any idea, concept, know-how, or techniques contained in any Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information. Big Picture has no control over, and shall have no liability for any damages resulting from, the use or misuse of any Submissions by any third party.

Big Picture is not responsible for the views or opinions expressed by third parties. Submissions to this Site do not necessarily reflect the views of Big Picture, and Big Picture shall not assume or have any liability for any Submissions. Visitors may not transmit any Submissions that are intended to promote and/or generate revenue for any third party business activity.

Prohibited Uses

You agree that you will not use the Site for any purpose that is unlawful or that is otherwise prohibited by these Terms and Conditions. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site. You agree that you are responsible for your own conduct while using the Site and for any consequences thereof. You agree that Big Picture shall decide, in its sole discretion, if your conduct violates any aspect of these Terms and Conditions and that Big Picture may take whatever action it deems appropriate to address such violation, including without limitation notification of appropriate authorities and removal of your access to the Site and/or cancellation of any services.

Your Responsibility

You should always verify the information set out in this Site with independent authorities before acting or relying on it. It is your responsibility to use virus checking software on any download from this Site and to ensure the compatibility of such software with our equipment.

Intellectual Property Rights

The trademarks, logos, service marks, images, trade dress on and copyrights to the content of the Site (the “Intellectual Property”) are the property of Big Picture, its content providers, or licensors and protected by United States and international laws. Nothing contained on this Site should be construed as granting you, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property without the written permission of Big Picture or such third party that may own the Intellectual Property displayed on this Site. Your use or misuse of the Intellectual Property displayed on or used in connection with this Site, or any other content on this Site, is strictly prohibited. This restriction includes downloading, copying, reproducing, transmitting, publicly performing, distributing, commercially exploiting, adapting, translating, or modifying any content of this Site for any purpose other than your own personal use. You are advised that Big Picture will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

This Site may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Site.
Send emails or other communications with certain content, or links to certain content, on this Site.
Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Site other than the homepage.
Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links to Third Party Sites

This Site may contain links to third party sites. Access to any other Internet site linked to this Site is at the user’s own risk, and Big Picture is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. You should review the terms and conditions of use and privacy policies of all third party web pages and other websites that you visit.

Digital Millennium Copyright Act (“DMCA”) Notice

If you are an intellectual property rights owner or an agent thereof and believe any material posted to this Site infringes upon your intellectual property rights, you may file a notification of such infringement pursuant to the DMCA by providing the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
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;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; and
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.

Such information should be sent to Big Picture Foundation, as follows:

Big Picture Foundation, Inc.

369 Round Hill Road

Greenwich, CT 06831

c/o Kim Tamalonis

kmt@bigpicturefoundation.org

Counter-notice. If a notice of copyright infringement has been filed against material posted by you on the Site, and you believe that the content is not infringing, you may send a counter notification containing the following information to Big Picture Foundation, c/o,

Big Picture Foundation, Inc.

369 Round Hill Road

Greenwich, CT 06831

c/o Kim Tamalonis

kmt@bigpicturefoundation.org

Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Washington, D.C., and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by Big Picture, Big Picture may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Big Picture USA’s sole discretion.

You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. In accordance with the DMCA and other applicable law, we have also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. We may also, in our sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Disclaimer

Although Big Picture has attempted to provide accurate information (including any products, graphics, software, recommendations or other materials) on the Site, we assume no responsibility for the completeness, reliability or accuracy of the information. The information on this Site could include technical inaccuracies or typographical errors. Big Picture undertakes no obligation to verify or maintain the currency of such information. Big Picture may change the programs or products mentioned at any time without notice. Mention of non-Big Picture products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

ALL INFORMATION PROVIDED ON THIS SITE IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BIG PICTURE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BIG PICTURE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, INTERRUPTION OF BUSINESS, SYSTEM FAILURES, INCLUDING VIRUSES OBTAINED DURING HYPERLINK, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, ANY BIG PICTURE PRODUCT OR LINKS TO ANY THIRD PARTY WEBSITE FROM THE SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF BIG PICTURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INACCURACIES OR OMISSIONS IN CONTENT, AND EVENTS BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY, OR USE OF THIS SITE, EXCEED IN THE AGGREGATE US $100.00.

Big Picture makes no warranty that (i) the operation of the Site will meet your requirements; (ii) access to the Site will be uninterrupted, timely, secure, free of viruses, worms, Trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; or (iv) defects will be corrected. You (and not Big Picture) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this Site.

Indemnification

You hereby agree to hold harmless and indemnify Big Picture, and its affiliates, subsidiaries, officers, directors, agents, and employees, licensors, suppliers, partners, successors, and assigns, harmless from and against all liability, losses, damages, and costs (including without limitation defense costs and associated reasonable attorney’s fees and associated costs) associated with any claim, action, or demand brought against Big Picture arising out of (a) any breach of or violation of these Terms and Conditions; (b) any information you submit, share, or upload on or to the Site; (c) any claim that information or content that you provide violates any applicable law or otherwise infringes the rights of a third party; and/or (d) your use of any data gathering and extraction tools or any other action you take that imposes an unreasonable burden or load on our infrastructure. You shall cooperate fully in the defense of any claim. Big Picture reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Governing Law and Jurisdiction

Federal and Connecticut state law shall govern these Terms and Conditions.

Waiver and Severability

No waiver by Big Picture of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Big Picture to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions shall be held by a court or other tribunal of competent jurisdiction to be unlawful, void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions of use and shall not affect the validity and enforceability of any remaining provisions.

Contact UsIf you have any questions, comments or concerns about our Site or these Terms and Conditions you may write to us at Big Picture Foundation, Inc, info@bigpicturefoundation.org.

Privacy Policy

BIG PICTURE FOUNDATION, INC. – Website Privacy Policy Effective September 1, 2018

Thank you for visiting our website (the “Site”) and reviewing this privacy policy (the “Privacy Policy”). Big Picture Foundation, Inc. (“Big Picture,” “we,” “us,” or “our”) is committed to respecting your privacy. This Privacy Policy sets forth the types of information that may be collected by Big Picture on this Site, how Big Picture may use that information, whether we disclose it to anyone, the choices you have regarding our use of the information, and your ability to control our disclosure of it. This Privacy Policy applies to this Site only. It does not apply to other websites owned by Big Picture or to which this Site may link. Please review this Privacy Policy before submitting any personal information to Big Picture through or to this Site. By accessing, using or browsing this Site or its services, you signify your acceptance of this Privacy Policy. If you do not agree with this Privacy Policy, you may not use our Site.

Information We Collect

We may collect two types of information from you: (i) information that you voluntarily and knowingly supply to us (e.g., through a registration process, sign-ups, or other interaction with the Site); and (ii) information that is derived through automated tracking mechanisms.

Voluntary Information

Big Picture will not collect any personal information about you, e.g., your name, address, demographics, telephone or mobile number, date of birth, social security number, credit card or debit card information or email address, unless you voluntarily provide this information to us. Some of this information that you may provide will identify you personally, either alone or in combination with other information available to us. This Privacy Policy refers to such information as “personal information” or “personally identifiable information.” This personal information is collected from you in a variety of ways including your responding to correspondence, registering for a service, entering a contest or sweepstake, taking advantage of a promotion, completing a survey, purchasing goods, requesting information or providing feedback about our Site or our services.

Information Collected Using Cookies and Other Web Technologies

As you navigate through and interact with our Site, Big Picture may automatically collect certain technical information, such as the type of Internet browser or computer system you are using or your IP address (a number assigned to your computer when you browse the Internet), the date and time of your access to the Site, and your browsing actions and patterns. The information we collect using these technical tools is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Site and to deliver a better and more personalized service, including by enabling us to:

Estimate our audience size and usage patterns;
Store information about your preferences, allowing us to customize our Site according to your individual interests;
Speed up your searches; and
Recognize repeat visitors to the Site for analytical purposes.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services. You may be able to “opt out” of the collection of any information through cookies or other tracking technology by managing them on your own equipment, browser or mobile device. However, if you decide not to accept such tracking technology from us or from our third party vendor’s or partner’s cookies, your ability to use some features on our website may be impaired.

How We Use Your Information

If we collect information from you we may use the information to improve our Site, our services, and your experience with our Site, as well as our products and services. For example we might use information collected from you for any of the following purposes:

to update parents about upcoming opportunities and deadlines.
to communicate with you about our products and services and those of our subsidiaries, affiliates, and parent companies that may be of interest to you;
to register you for, or notify you that you are a winner of, a sweepstakes, contest or other promotion;
to respond to your queries and requests;
to assist you with managing your account and passwords;
to process product orders submitted by you, communicate with you about the orders, and process payments and refunds;
to undertake, with your consent, any other promotional activities such as providing information about special events;
to build our contact database;
for internal market analysis, such as identification of trends and measuring the amount of traffic to our Site;
to provide you with effective customer service and/or technical support;
to improve the design of our Site; or
deliver target advertising and coupons.

Sharing Information

The Site is maintained in the United States of America. If you are located in the European Union, Canada or elsewhere outside of the United States please be aware that any information you provide to us will be transferred to the United States. By using the Site, participating in any of our services, and/or providing us with your information, you consent to this transfer. Big Picture shall not without your express written consent shared your personal information with third parties.

However, to comply with legal requirements, cooperate with law enforcement, prevent fraud and other crimes, and protect the legal rights of Big Picture and others, there are circumstances in which we may share the personal information we collect on this Site without notifying you when we, in good faith, believe disclosure is necessary to comply with the law or regulatory requirement; to comply with a subpoena, court order, or other legal process; to cooperate with law enforcement or other governmental investigations (without necessarily requiring the law enforcement or government agency requesting the information to formally serve us with a subpoena); to prevent or investigate a possible crime, such as fraud or identity theft; to enforce a contract; or to protect the legal rights, property or safety of Big Picture, our subsidiaries, affiliates, officers, directors, agents, and employees, independent contractors, licensors, suppliers, partners, successors, agents, and other users or the public in general or to protect your vital interests. We also reserve the right to report to appropriate law enforcement or government agencies any activities that we, in good faith, believe to be unlawful without providing notice to you.

If we collect personally identifiable information from you, you will receive notice when this information might be provided to any third party for any reason other than as set forth in this Privacy Policy, and you will have an opportunity to request that we not share such information.

Security

The security of your personal information is very important to us. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have industry standard measures in place to safeguard and secure information and data we collect through the Site. However, it is important that you understand that due to the inherent open nature of the Internet, no website or database is completely secure or “hacker proof” and we cannot guarantee that the information you submit through the Site or the information stored on the Site or our servers, will be completely free from unauthorized access by third parties.

Children’s Personal Information

We do not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to provide us with their personal information without verifiable parent or guardian consent. If you are under age 18, do not send any information about yourself to us, including your name, address, telephone numbers, or email address, unless you have your parent’s or guardian’s consent. In the event we learn that we collected personal information from anyone under the age of 18, and do not have a parent or guardian’s consent, we will delete that information as quickly as possible.

In accordance with certain state laws, minors under the agent of 18 may remove or request and obtain removal of content and information that they post on this site.

If you believe that Big Picture might have any information from or about anyone under the age of 18, or if you wish to remove or request and obtain removal of content and information, please contact us at info@bigpicturefoundation.org.

Revisions

This Privacy Policy may be updated, modified, revised or changed from time to time at the discretion of Big Picture. We will notify those Big Picture community members who have registered for our mailing list (https://goo.gl/forms/VACbXZiRbEW7qWEr1) or who have submitted a current-program-year release form for a child to participate in Big Picture activities. Otherwise, this Privacy Policy may be updated, modified, revised or changed by posting the revised version of this Privacy Policy on this Site. If, at some point in the future, there is a change to our Privacy Policy, unless we obtain your express consent, such changes will only apply to information collected after we have posted the revised Privacy Policy. We recommend that you periodically review the Privacy Policy for changes. Your continued use of the Site following any such change, including the submission of any personal information, constitutes your voluntary agreement that all personal information collected from or about you from this Site after the revised Privacy Policy is posted will be subject to the terms of the revised Privacy Policy.

Contacting Us; Opting-Out

Please contact us at info@bigpicturefoundation.org or write to us at Big Picture Foundation, Inc. 369 Round Hill Road, Greenwich, CT 06831 to report any violations of the Privacy Policy. We will endeavor to respond to you within 24 to 48 hours in most cases. At your request and where the law requires us to do so, we will make good faith efforts to confirm what personal information we hold about you, update your information, remove your information, fulfill specific opt out requests, and/or correct any inaccuracies in such personal information if you contact us at kmt@bigpicturefoundation.org to submit such requests. We may decline to process a request that is unreasonable, jeopardizes the rights or privacy of others, is impractical, or for which access is not otherwise required. o you within 24 to 48 hours in most cases.

Governing Law

This Privacy Policy is governed under Federal and Connecticut state laws.

California Privacy Rights:

California Civil Code Section § 1798.83 permits users of the Site that are California residents to request certain information regarding Big Picture’ disclosure of certain categories of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to info@bigpicturefoundation.org or write to us at:

Big Picture Foundation, Inc.

c/o Kim Tamalonis

369 Round Hill Road

Greenwich, CT 06831

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