SeeNowDoTM Terms of Use

Welcome to SeeNowDo provided by BigVisible Solutions, Inc. ("BigVisible Solutions" or "we"). SeeNowDo is a software service that allows users to create projects and project information ("Projects"), and to invite other users to collaborate on those Projects (collectively, the "Service"). The creator of a Project is known as a Project Owner. Those invited to collaborate on a Project are known as Project Partners.

Your use of the Service, whether as a Project Owner or Project Partner, is subject to the following terms and conditions ("Terms of Service"). We may revise and update these Terms of Service from time to time. While we may attempt to inform you of any such changes, you should periodically review the most recent version. Continued use of the Service after any such changes shall constitute your consent to such changes. You may receive a copy of the most recent Terms by emailing us at tos@bigvisible.com, Subject: Terms of Service.

General Conditions
You agree to provide true, accurate, current, and complete information about yourself in the creation of a user account ("Account"), including but not limited to your legal full name, a valid email address, and any other information requested in order to complete the registration process ("Personal Information").

You are responsible for maintaining the security of your Account, including your user name and password. You agree to notify us immediately if you suspect any unauthorized use of your Account. We will not be liable for any loss or damage from your failure to comply with this security obligation.

You are solely responsible for all information, that you provide to or create with the Service, including but not limited to information regarding Projects, Project Owners, and Project Partners, ("Project Content"), as well as all activity related to such Project Content.

You understand and acknowledge that in the event you invite Project Partners to collaborate on a Project, such Project Partners may view information you provide to or create with the Service, including information of a proprietary or confidential nature. You are solely responsible for the disclosure of any such proprietary or confidential information on or through the Service.

Cancellation and Termination
You may cancel your Account at any time by providing us with notification of such cancellation as provided by the Service, or by sending such notification to cancellation@bigvisible.com. When you cancel your account, we will immediately deactivate or delete your Account or your access to your Account.

Project Owners may terminate a Project at any time as provided by the Service. In such case, the Project and all associated Project Content will be immediately deleted from the Service.

We, in our sole discretion, have the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other BigVisible Solutions service, for any reason at any time. Such termination of the Service may result in the deactivation or deletion of your Account or your access to your Account and any Projects you may have created and their associated Project Content.

Pricing and Modifications
Fees charged for your use of the Service (if any) are subject to change at any time. We will attempt to notify registered users of such a change in pricing terms via email, and will post such notice on the BigVisible website and/or within the Service itself.

We may release new features that augment or enhance the current Service at any time, including new versions, tools and resources, and may update or revise these Terms of Service accordingly. In such event, we will attempt to notify registered users of such new features and changes in these Terms of Service via email, and will post such notice on the BigVisible website and/or within the Service itself.

We reserve the right to discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Copyright, Content Ownership and Trademarks
BigVisible Solutions claims no rights in or to any Project Content or other materials that you provide to or create with the Service. To the extent that you own the rights, including trademark and copyright rights, in and to any such Project Content, including logos, graphics, text, files, images, photos, video, sounds, or other works of authorship, you retain those rights solely and exclusively.

By uploading or creating any Project Content to or with the Service, you hereby grant to us a non-exclusive, worldwide, fully paid up license to use, modify, publicly display, reproduce, and distribute such Project Content solely on and through the Service for the purpose of providing Project Content to Project Partners. This license will terminate at the time the Project Content is removed from the Service.

You acknowledge that the BigVisible website, the Service and any and all software used in connection with the Service contains proprietary and confidential information, and that BigVisible Solutions owns all right, title and interest in and to the Service and all such software, including all copyrights, trademarks, and other intellectual property rights ("BigVisible Solutions Content"). You agree that you shall not use the BigVisible Solutions Content in any way whatsoever except per your use of the Service in compliance with these Terms of Service. You agree not to copy, modify, distribute, or create derivative works based on the BigVisible Solutions Content, or to otherwise exploit the BigVisible Solutions Content in any unauthorized way whatsoever.

BIGVISIBLE and SEENOWDO and other BigVisible Solutions trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of BigVisible Solutions, Inc., in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners.

Privacy Policy
Personal Information and Project Content are subject to our Privacy Policy, the terms of which are incorporated into this Agreement by reference.

Representations and Warranties
You represent and warrant that (a) all of the Personal Information provided by you to BigVisible Solutions is correct and current, (b) you are authorized to upload, create and display the Project Content on and through the Service, (c) you will not use the Service for any illegal or unauthorized purpose, (d) you will not upload, create, or transmit any viruses or other code of a destructive nature to or through the Service, and (e) you have all necessary right, power and authority to enter into this Agreement and to perform the acts and grant the licenses required of you hereunder.

Limitations on Liability
BigVisible Solutions is not responsible for any actions or inactions on the part of any user of the Service. BigVisible Solutions assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication made through the Service. BigVisible Solutions is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Service or combination thereof, including any injury or damage to users or to any computer or other device on or through which the Service is provided, related to or resulting from participation or downloading materials in connection with the Service.

Disclaimer of Warranties
BIGVISIBLE SOLUTIONS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME BIGVISIBLE SOLUTIONS MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS (EXCEPT AS EXPRESSLY STATED BY BIGVISIBLE SOLUTIONS) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

IN NO CASE SHALL BIGVISIBLE SOLUTIONS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PROJECT CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BIGVISIBLE SOLUTIONS' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

BIGVISIBLE SOLUTIONS SHALL USE REASONABLE EFFORTS TO PROTECT PERSONAL INFORMATION AND PROJECT CONTENT UPLOADED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND BIGVISIBLE SOLUTIONS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY DISCLOSURE, LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

BIGVISIBLE SOLUTIONS DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND BIGVISIBLE SOLUTIONS DISCLAIMS ANY LIABILITY RELATING THERETO.

Indemnity
You agree to indemnify, defend, and hold harmless BigVisible Solutions and its subsidiaries, affiliates, officers, agents, employees, partners, licensees, licensors, and assigns from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content, including but not limited to Project Content, you upload or otherwise make available on or to the Service, your use of the Service, your violation of these Terms of Service, or your violation of any rights of another.

No Waiver
The failure of BigVisible Solutions to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and BigVisible Solutions and govern your use of the Service, superseding any prior agreements between you and BigVisible Solutions (including, but not limited to, any prior versions of the Terms of Service).

Relationship
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service.

Severability
If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. BigVisible Solutions will not be responsible for failures to fulfill any obligations due to causes beyond its control.

Governing Law
The laws of the Commonwealth of Massachusetts, without regard to conflict of law provisions, govern this Agreement and your use of the Service. You agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the Commonwealth of Massachusetts for any claim or dispute with BigVisible Solutions or in any way relating to or arising from your use of the Service.

If you have any questions regarding this Terms of Service, please contact us at tos@bigvisible.com.