Last Modified: February 24, 2021
1. Acceptance of the Policy.
This Biggie Copyright and Trademark Policy (Policy) is entered into by and between you and Biggie, Inc. dba Biggie Billboards, a Delaware Corporation (Biggie). This Policy govern copyright and trademark matters on the Biggie Billboard Website www.biggiebillboards.com (the Platform), the billboard creation platform accessed via the Website (collectively, the Platform), including any content, functionality, and services offered on or through the Website or Platform (collectively, the Services; the Website, Platform, and Services shall be collectively referred to as the Technology).
Please read this Policy carefully before you start to use any of the Technology. By accessing the Website, Platform, or utilizing any Service, you accept and agree to be bound by this Policy. If you do not agree to be bound by this Policy, you must not access or use any of the Technology.
2. Biggie Proprietary Rights.
The Technology, and its entire contents, features, and functionality including without limitation all products (collectively, Products) offered therefrom (collective, the Biggie Materials), are owned or validly licensed by Biggie, and are protected by United States and applicable foreign and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Unless as otherwise provided in this Policy, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Biggie Materials unless otherwise agreed upon in writing by Biggie. You must not delete or alter any copyright, trademark, or other proprietary right notice from any Biggie Material at any time or for any purpose. Any unauthorized use of any Biggie Materials may violate copyright, trademark and other applicable laws or regulations, and could result in criminal or civil penalties.
3. Your Property Rights.
Any content or information provided by you on the Technology (collectively, User Materials) that you own or have rights to use will remain your property and rights respectively. You will be solely responsible for the accuracy, quality, integrity, reliability, appropriateness, legality, ownership, and rights of use of all of your User Materials. Any copyright-protected material included in your User Material that was created by others or is otherwise owned by others may require you to obtain permission from such owner(s) or otherwise comply with fair use exceptions provided under the U.S. Copyright Act or analogous foreign laws. You shall also ensure that any person, their name, image, or likeness, appearing in your User Materials, shall have granted you rights to use such personal-identifiable traits in your User Materials, and in any Products. Fulfillment of your Product order on the Platform shall in no way constitute Biggie’s approval or consent of any User Material incorporated into any Product.
4. User Material License.
You hereby grant to Biggie an irrevocable, worldwide, non exclusive, and transferable license to use your User Materials as necessary to: (a) operate or maintain the Technology; and (b) fulfill any Product order.
The Biggie name, the word mark BIGGIE BILLBOARD, and all related names, logos, product and service names, designs, and slogans appearing on the Technology (collectively, the Marks) are the trademarks of Biggie. You must not use any Mark without the prior written permission of Biggie.
6. Intellectual Property Complaints.
Biggie respects the intellectual property rights of others, and requires that anyone who uses the Technology, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement or infringement of another right, please submit a notice with the following information to Biggie’s Copyright Agent (as designated pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512(c)(2)) via mail or e-mail as provided below:
- Your address, telephone number, and email address;
- A description of the work(s) that you claim have been infringed;
- A description of where the alleged infringing material(s) are located;
- A statement by you that you have a good faith belief that the disputed use of such work(s) is not authorized by the owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that all of the information in your notice is accurate and that you are the owner or are authorized to act on the owner’s behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the work(s).
Lucas S. Michels
AMPACC Law Group, PLLC
6100 219th Street S.W., Suite 580
Mountlake Terrace, WA 98043
Tel: +1 (425)348-3500
Should work(s) you had uploaded to the Website or Platform be removed or disabled by Biggie based upon a notice submitted by a third party pursuant to this section of the Policy, and you believe that such a compliant is incorrect or submitted in error, you may submit a counter notice to Biggie’s copyright agent via the e-mail or mailing address detailed above including the following information:
- Your address, telephone number, and email address;
- A description of the work(s) that have been removed or to which access has been disabled and the location at which the work(s) appeared before it was removed or access to it was disabled;
- A statement by you, made under penalty of perjury, that you have a good faith belief that the work(s) were removed or disabled as a result of mistake or misidentification of material to be removed or disabled;
- A statement that you consent to (a) the jurisdiction of Federal District Court for the judicial district in which you are located (if you reside in the United States), (b) the jurisdiction of any Federal District Court in which Biggie may be located (if you reside outside of the United States), and (c) that you or your agent will accept service of process from the person or agent who provided the original notice to Biggie; and
- Your or your agent’s electronic or physical signature.