Terms and Conditions
If you do not agree with any of these Terms of Use please do not use this site, because by using this website you will be deemed to have irrevocably agreed to these terms.
Areas of this Site within the proprietary online service offered by Find the Next Big Thing may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Any such terms will not vary or replace these Terms of Use regarding any use of this Site, unless otherwise expressly stated.
Please note that these Terms of Use may be revised and reissued without notice at any time by updating this posting. You should visit this page regularly to review the current Terms of Use, since your continued use of the Site will be deemed as irrevocable acceptance of any revisions. These Terms of Use were last updated on August 7, 2007.
How To Contact Us
This Site is controlled and operated by Find the Next Big Thing (”Find the Next Big Thing”), 328 Quail Trax Place, Murray, UT, 84107. The phone number is (801) 265-9454. Please forward any complaints, questions, or general correspondence to c.support@ftnbt.com.
Your Registration
To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide will be correct, current, and complete. If we at Find the Next Big Thing believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account.
Unless we have received a properly completed and acceptable parental consent form governing your use of this Site, we will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
Your Use of Material
Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks and is prohibited.
You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Find the Next Big Thing. Any authorization to copy Material granted by Find the Next Big Thing in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. Find the Next Big Thing.COM AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN Find the Next Big Thing.com ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Find the Next Big Thing DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Find the Next Big Thing DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT Find the Next Big Thing's WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Find the Next Big Thing DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN Find the Next Big Thing.com OR ANY SITES LINKED TO Find the Next Big Thing.com IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Find the Next Big Thing MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN Find the Next Big Thing WILL NOT INFRINGE THE RIGHTS OF OTHERS AND Find the Next Big Thing ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF Find the Next Big Thing.com. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
Find the Next Big Thing DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, Find the Next Big Thing.COM OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON Find the Next Big Thing.COM, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF Find the Next Big Thing HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT Find the Next Big Thing) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Colors
We have made every effort to display as accurately as possible the colors of our products that appear on Find the Next Big Thing.com. However, since the colors you see depend on your computer monitor settings, we cannot guarantee that any color will be 100% accurate to the actual product.
Security
Any passwords used for this Site are for individual use only. You shall be responsible for the security of your password (if any). Find the Next Big Thing shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Find the Next Big Thing considers insecure, Find the Next Big Thing will be entitled to require this to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distributions of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, Find the Next Big Thing reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
Investigations
Find the Next Big Thing reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or e-mails you make or send to any Forum. Find the Next Big Thing may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. Find the Next Big Thing may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Find the Next Big Thing believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Find the Next Big Thing will fully cooperate with any law enforcement authorities or court order requesting or directing Find the Next Big Thing to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS Find the Next Big Thing FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Find the Next Big Thing DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Find the Next Big Thing OR LAW ENFORCEMENT AUTHORITIES.
Service
In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem and/or other access devices).
Find the Next Big Thing, reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.
Local Regulations
Find the Next Big Thing makes no representation that Materials or other content in the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
Indemnity
You agree to indemnify and hold harmless Find the Next Big Thing and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto Find the Next Big Thing’s servers, and/or from any and all use of your account.
Third-Party Sites
This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Find the Next Big Thing, and you acknowledge that (whether or not such sites are affiliated in any way with Find the Next Big Thing) Find the Next Big Thing is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Find the Next Big Thing or any association with its operators.
Find the Next Big Thing cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from Find the Next Big Thing since other shop channels are owned and operated by independent retailers. Find the Next Big Thing does not endorse any of the merchandise, nor has Find the Next Big Thing taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Find the Next Big Thing does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. For further information about the policies of online stores in the Find the Next Big Thing shopping mall, click here.
Proprietary Online Services
Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
Jurisdictional Issues
The Materials and all other content in this Site are presented solely for the purpose of providing entertainment and information and promoting programs, films, music, and other products available in the United States, its territories, possessions, and protectorates. The Site is controlled and operated by Find the Next Big Thing from its offices within the State of Utah, United States of America.
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Utah, as they are applied to agreements entered into and to be performed entirely within Utah. Any action you, any third party or Find the Next Big Thing may bring to enforce these Terms of Use or, in connection with any matters related to the Site shall be brought only in either the State or Federal Courts located in Salt Lake City, Utah, and you expressly consent to the jurisdiction of said courts.
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
Claims of Infringement
If you believe that any content appearing on this Site infringes your copyright rights, we at Find the Next Big Thing want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below.
(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Find The Next Big Thing
328 Quail Trax Place
Murray, UT 84107
Tel: (801) 265-9454
Email: c.support@ftnbt.com
Find the Next Big Thing seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512© or elsewhere.