Terms of Use last modified in June, 2018

Terms of Use

Welcome to BigTent. BigTent is owned by Care.com, Inc. (which is also referred to herein as “Care.com, “us,” “we,” or “our”). We want you to know the terms and conditions under which you can visit and/or use the BigTent website and related services (the “Platform”). Please read the following before accessing the Platform. Each and every time you access and use the Platform, you agree to these terms of use and conditions. Please note that in June 2018 Care.com will no longer allow users to organize and create new groups on the Platform (it being understood that members of groups formed prior to the deactivation date shall, subject to these Terms of Use, continue to be able communicate through the Platform with respect to their respective groups).

Key Points

Care.com provides the BigTent Platform; your groups provide the content. This is reflected in the detailed Terms of Use, which are in effect for every user of the Platform. Here is a quick summary:

  • Care.com reserves the right to refuse service to anyone. Care.com may terminate your use at any time.
  • You agree to provide accurate information about yourself and use this site for lawful purposes only. You agree not to transmit any content or use the site in a way that is harmful to another.
  • Children under 13 are not allowed to have accounts on the BigTent Platform. Children 13-18 are encouraged to get parental permission before registering for accounts on the BigTent Platform.
  • You are entirely responsible for all content that you post, upload or import to the Platform. You will indemnify Care.com of any liability that arises as a result of your actions or the content you place on the Platform.
  • Care.com does not ensure accuracy or quality of any content. Care.com will not be liable for any content whatsoever. Care.com is licensed to use the content as described in the BigTent Privacy Policy.
  • You agree to use and accept all content accessed through the Platform at your own risk.
  • Care.com reserves the right in its sole discretion to monitor and remove content posted.
  • Care.com is not liable for any meetings, activities or events held by groups/clubs.
  • You agree not to violate Care.com's intellectual property rights in the Platform.
  • If you send Care.com any ideas, suggestions, information, concepts, improvements or other materials related to the Platform, you give Care.com the right to use them. Care.com will owe you no fees or royalties for any such content or ideas.
  • You agree to resolve any dispute with Care.com only through mediation, negotiation or arbitration.

Full Terms of Use

Services

BigTent is an online Platform that allows users to manage multiple groups all in one place. It provides a security-protected network where users can interact with one another and stay informed and involved in their groups' activities.

BigTent allows groups communicate and participate. It incorporates the features groups need to communicate with their members and run their programs. Any new features or updated services that we put on the BigTent Platform will be subject to the terms of use below. Every time you use BigTent services, you agree to the terms below. If at any point you do not agree with the terms and conditions of use, you are not authorized to use any of the BigTent services for any purpose whatsoever. You also understand and agree that the BigTent services may include advertisements and that these advertisements are necessary for Care.com to provide the BigTent services, and that the BigTent services may include certain communications from Care.com, such as service announcements, administrative and news messages.

Right to Refuse

Care.com reserves the right to refuse service to anyone for any reason or no reason whatsoever.

User Conduct

You agree to use this site for lawful purposes only. As a user of the BigTent Platform you agree that you will:

  • NOT transmit any content that is harmful, abusive, threatening, harassing, defamatory, libelous, obscene, or racially, ethnically or otherwise objectionable according to the standard of your organization and the Platform community.
  • NOT violate the legal rights of others or any local, state, national or international laws.
  • NOT upload, post, or otherwise transmit content that infringes on the intellectual property rights of others by violating any patent, trademark, proprietary right, trade secret, or copyright.
  • NOT upload, post, or otherwise transmit content that contains or installs any material containing viruses, worms, deliberately corrupted or harmful data, or programs designed to deteriorate the functionality of any computer hardware or software.
  • NOT collect information about other BigTent Platform users (including contact information and e-mail addresses) without their consent.
  • NOT impersonate any person or entity, including, but not limited to, a Care.com employee, any group leader or member, any law official or misrepresent your affiliation with any such person or entity.
  • NOT distribute unwanted or unsolicited promotional material or inappropriate content that qualifies as spam or junk-mail.
  • NOT collect and/or store information about Platform users without their knowledge and consent in association with any of the Platform functions.
  • NOT "hack," deface or otherwise misuse the BigTent Platform or attempt to gain unauthorized access to other parts of the Platform or the technology used to create it.

You understand and agree that you are responsible for any and all content that you post on or import to the BigTent Platform (including any content Care.com uploads based on your or your group's request). You, and not Care.com, are entirely responsible for such content. Care.com does not ensure the accuracy or quality of any such content, will not be liable for any content posted or imported by you or other users on the BigTent Platform and will not be held responsible for any damages caused because of such content. Further, by posting or importing any content to any part of the BigTent Platform, both on your behalf on your group's behalf, you automatically grant, and you represent and warrant that you have the right to grant, to Care.com an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) only in accordance with our Privacy Policy to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content and to prepare derivative works of, or incorporate into other works, such content, and to grant and authorize sublicenses of the foregoing only in accordance with our Privacy Policy. Care.com does not assert any ownership over your content; rather, as between us and you, subject to the rights granted to us in these terms and our Privacy Policy, you retain full ownership of all of your content and any intellectual property rights or other proprietary rights associated with your content.

Provided that you are eligible for use of the BigTent Platform, you are granted a limited license to access and use the BigTent Platform and services and to download or print a copy of any portion of the uploaded or imported content for groups that you are a member of and to which you have properly gained access solely for your personal use. Your use shall be limited to non-commercial purposes unless your group has been approved by Care.com as a commercial sponsored group. If you have any questions about whether your use is non-commercial or your group is a commercial sponsored group, please contact us at hello@bigtent.com.

Violations of User Conduct

Care.com may terminate your use of the Platform or any BigTent services without notice if you fail to adhere to these terms, or if in Care.com's sole discretion, termination is appropriate to protect the business or property of Care.com or its suppliers or partners.

Children Under the Age of 13

Care.com does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. For further information, please see the Privacy Policy. If you believe that we might have any information from or about a child under 13, please contact us at privacy@bigtent.com .

Children between the Ages of 13 and 18

We recommend that minors 13-18 years old ask their parents for permission before sending any information about themselves to anyone over the Internet. Care.com reserves the right to verify proof of parental permission with group leaders.

User Account / Passwords

In consideration of your use of the BigTent services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any membership forms on the BigTent Platform; (b) maintain the security of your password and identification; (c) maintain and promptly update your membership data, and any other information you provide to Care.com, to keep it accurate, current and complete; and (d) be fully responsible for the confidentiality, security and use of your account and for any actions that take place using your account.

Upon registration you will receive a username (your primary email address) and you will choose a password. You also agree to notify Care.com immediately if there is unauthorized access or use of your account.

By obtaining a password, you authorize Care.com to honor instructions from any person using that password as if you had given the instructions. All actions taken by use of your password will be your responsibility. Care.com reserves the right to cancel your password and remove your access to restricted areas if in its sole discretion it is appropriate to do so. You may change your password by going to Home >Settings>Change Password.

Privacy Policy

We will only collect and use your personal information or user content as designated in our Privacy Policy. Please refer to our Privacy Policy for a full description of the privacy and protection we provide.

Care.com is not liable for any misuse, losses or damages that result from your use of PayPal through the BigTent Platform, including without limitation misuse, losses or damages resulting from a group administrator's handling of funds collected through the BigTent Platform.

Content Monitoring and Usage

Care.com hosts message forums, calendars, events, recommendations, reviews, classifieds, profiles, blogs/journals and many other types of content posting on its Platform. Care.com does not endorse, verify or take responsibility for any information or content posted on or transmitted through these forums. You agree to use and accept any and all content accessed through the Platform at your own risk. Care.com and its affiliates will not be liable for any losses or damages incurred by you or others while using, accessing or relying on any content or information in any of these forums.

While Care.com holds no obligation to monitor the content posted on or transmitted through its Platform, we reserve the right to monitor the content if we so choose and to remove or edit all or part of such content at our discretion if it violates the BigTent Terms of Use or Privacy Policy, is harmful, unproductive or objectionable, or for any other reason we in our sole discretion deem reasonable.

Meetings and Events

Through the BigTent Platform we may provide tools that allow for your group(s) to organize meetings and events. Care.com is in no way connected to such meetings or events and does not help organize or orchestrate these activities, and Care.com is therefore not liable for any problems or issues that arise from or at any of these activities. We encourage you to exercise caution and to only meet with members that you know and trust.

Copyright Policy

Care.com complies with the Digital Millenium Copyright Act (the "DMCA"). The DMCA provides the following procedure for copyright owners to follow to report content that infringes their copyright. Please be advised that the DMCA makes people liable for damages if they materially misrepresent that a user's content is infringing.

If you believe that content or material appearing on BigTent's Platform infringes your copyright or violates your intellectual property rights please alert us and provide Care.com with the following:

  • A statement identifying the copyrighted work you claim to have been infringed

  • A description 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

  • The specific locations on our Platform where the material is found, preferably using the respective URL(s)

  • Your name, mailing address, telephone number, email address and any other information you deem necessary to contact you

  • A statement that says that (1) by submitting this notice, you declare that you have a good faith belief that use of the copyrighted content described above, in the manner you have complained of, is not authorized by the copyright owner, its agent, or the law; (2) you declare that the information in this notice is accurate; and (3) you declare, under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed

    • Your physical or electronic signature

    Please send the above information to the address below or via email to:
    Care.com, Inc.
    77 Fourth Avenue, 5th Floor
    Waltham, MA 02451
    Phone: 781-642-5900

    Once we receive all of the required information, we will review your report as promptly as possible. If everything appears to be in order, we will remove or disable access to the content. We will also notify the user and, if requested, provide your report to the user.

    For more information on copyright and intellectual property infringements visit: www.copyright.gov

    Proprietary and Intellectual Property Rights

    The services of the BigTent Platform, its organization, structure, programming and user interface are copyrighted and protected by international and U.S. laws regarding copyrights, intellectual property rights, trademarks and patents. You acknowledge and agree that content and information on the BigTent Platform advertisements are also protected by U.S. and international copyright, trademark, patent and intellectual property laws. Care.com allows you to use this site and services with the agreement that you will not copy, modify, reverse engineer, or otherwise attempt to discover any source code or recreate any part of or the whole Platform. Reproduction of the BigTent Platform in any part or form is strictly prohibited.

    Your Comments/Suggestions

    By sending any suggestions, improvements, concepts, information or other materials to Care.com related to the Platform, you grant Care.com the worldwide, nonexclusive, royalty-free, irrevocable, perpetual right to use and distribute any materials, software or content developed from the materials you send. Care.com has no obligation to pay you or anyone else any royalties or other fees associated with the reproduced content or ideas.

    Trademarks

    "BigTent Design", the BigTent logo, "BigTent.com", "BigTent", and all other trademarks, service marks, slogans, tag lines, graphics and logos used in connection with BigTent, or the BigTent Platform are trademarks or registered trademarks of Care.com, Inc. or its affiliates. Other trademarks, service marks, graphics and logos used in connection with Platform may be the trademarks of other third parties. Your use of the BigTent Platform in no way grants you any right or license to reproduce or otherwise use any Care.com or third-party trademarks.

    Conduct/Content of Third Party Advertisers and Service Dealers

    Care.com is not responsible for your dealings or involvements with third party advertisers or service dealers or for any of their content found on the BigTent Platform, including but not limited to payment and delivery of goods or services, and any other terms, conditions or warranties. Care.com will not be responsible for any losses or damages incurred from dealings with or contact with third parties available through the Platform.

    Care.com is not responsible for the accuracy, availability or content of any links to other web sites or resources present on its Platform. We do not endorse nor are we liable for products, services, advertising or information made available by these links and will not be held responsible for any damages or losses that result from interaction with any links accessed through the Platform.

    If a dispute arises between you and a third party or between users and a third party, Care.com has no responsibility in the matter and is under no obligation to be involved in the resolution efforts. You therefore release Care.com and its officers and employees from any involvement in claims, demands, damages and settlements that arise from such disputes. Your access and use of any third party sites, content or materials is done so at your own risk. Please refer to each such third party's terms of use and privacy policy.

    Dispute Resolution

    Any dispute or claim related to your use of the BigTent Platform will be resolved through negotiation, mediation or arbitration only. By accessing the BigTent Platform and agreeing to these terms of use you forfeit any rights you have to litigating any related disputes or claims in court.

    While Care.com may assist groups and users in their efforts to resolve disputes among themselves, we are in no way obligated to do so and any attempt made to resolve such disputes is done so at our discretion.

    Disclaimer of Warranties

    ALL SERVICES, TOOLS, PRODUCTS AND ANY OTHER PLATFORM COMPONENTS AVAILBLE FROM THE BIGTENT SITE AND PLATFORM ARE PROVIDED "AS IS," AND CARE.COM AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. CARE.COM AND ITS AFFILIATES DO NOT WARRANT THAT USE OF THIS SITE AND ITS SERVICES WILL BE ERROR FREE, SECURE, FREE OF DEFECTS, OR VIRUSES OR THAT INFORMATION CONTAINED ON THE SITE IS ACCURATE OR TRUE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND SERVICES THROUGH THE BIGTENT PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND THAT CARE.COM AND ITS AFFILIATES WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGES INCURRED THAT RESULT FROM THE USE OF SUCH CONTENT OR SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    YOU REPRESENT AND WARRANT THAT YOUR USE OF THE SITE AND PLATFORM WILL BE IN ACCORDANCE WITH THE BIGTENT PRIVACY POLICY, TERMS AND CONDITIONS, ANY APPLICABLE LAWS AND REGULATIONS, INCLUDING WITHOUT LIMITATION ANY LOCAL LAWS OR REGULATIONS IN YOUR COUNTRY, STATE, CITY, OR OTHER GOVERNMENTAL AREA, REGARDING ONLINE CONDUCT AND ACCEPTABLE CONTENT, AND INCLUDING ALL APPLICABLE LAWS REGARDING THE TRANSMISSION OF TECHNICAL DATA EXPORTED FROM THE UNITED STATES OR THE COUNTRY IN WHICH YOU RESIDE, AND WITH ANY OTHER APPLICABLE POLICY OR TERMS AND CONDITIONS.

    Limitation of Liabilities

    IN NO EVENT WILL CARE.COM OR ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF THE SITE OR PLATFORM, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEBSITE INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF CARE.COM OR ITS AFFILIATES WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CARE.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CARE.COM FOR THE SERVICE (WHICH SPECIFICALLY EXCLUDES ANY AMOUNTS PAID TO YOUR GROUP) DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL CARE.COM'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO CARE.COM FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM CARE.COM, REGARDLESS OF THE CAUSE OF ACTION. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    Indemnification

    You agree to defend, indemnify and hold harmless Care.com and its affiliates, their contractors licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the BigTentPlatform, including but not limited to your violation of any representation or warranty contained in these Terms of Use.

    Termination of Service

    We reserve the right to modify or terminate service of all or any part of the BigTent Platform at any time without notice. You agree that all terminations shall be made at the discretion of Care.com and Care.com will not be held liable to you or to any third party for any such modification or termination of services.

    Modifications to Terms of Use

    Modifications and amendments to these terms may be made at any time, and will be effective immediately. An updated version of the terms of use will always be available for review on our public webpage. You must periodically check the terms of service to keep apprised of any and all modifications made. By continuing to access this site you agree to continue to be bound by these terms.

    General

    These terms are governed by the laws of the State of California, without respect to its conflict of law principles. These terms, our Privacy Policy and any terms that Care.com presents for any specific service constitute the entire agreement between you and Care.com regarding the use of the BigTent Platform and services, superseding any prior agreements between you and Care.com relating to your use of the BigTent Platform and services. The failure of Care.com to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.