Terms & Conditions

These Terms and Conditions, as well as the Terms and Conditions located with our software and/or products, may be subject to change at any time, with or without notice.

Plants

By clicking agree you certify that you have the rights to use and/or distribute these images and that they do not violate any copyright laws. By continuing, you agree that you are bound by our terms and conditions. You agree that you own the original image or you have been granted sufficient rights to use the image that you are uploading. You are solely responsible for any of the media (this includes and is not limited to: video, text and   images) that you have and/or will upload. You may   not post, transmit, or share any of the media that   you did not create or that you do not have permission to post.

Big Kid Genius holds no responsibility for the content submitted by users to the website. By continuing, you are agreeing that you will hold all responsibilities for the media that you submit.

1. Definitions:
1. “you” – includes, but is not limited to, you as a customer or you as a user
2. “we/us/our” – includes, but is not limited to staff members of Big Kid Genius
3. “product/software” – any of the software as provided/published by Big Kid Genius
4. “demo/ demo version” – any of the products provided by Big Kid Genius that are labelled as such and are not full versions of the products/software
5. “violations/violate” – where you, the customer/user has broken the agreement between yourself and Big Kid Genius
2. Use Rights:
1. You may install the product on one machine at any one time
1. In the event you wish to install it on multiple machines, you may contact Big Kid Genius and a discount may be offered (but we are not obligated to offer a discount)
2. Big Kid Genius, nor any of its staff, affiliates, licensors or suppliers be will be held responsible in the event that any damages occur as a result of the installation and use of the product (as per section 7)
3. The product may be used for commercial purposes, onlyin the event it is a full version of the product/software
1. In the event where it is a demo version, you have no rights to use the software for commercial purposes. Demo versions are for trial, testing and demonstration purposes only
3. Restrictions:
1. You may not reverse-engineer, disassemble or decompile, or attempt to reverse engineer or derive source code from, all or any the product/s and/or software
1. Doing so, will automatically void any rights you have with Big Kid Genius and you may be subject to any legal action
2. The software can only be installed on one machine at any one time; one machine per copy
3. In the event of a product return (refer to Refund Policy), all copies of the software must be destroyed (or returned to Big Kid Genius), all backup copies (including, but not limited to electronic and physical media) must be destroyed. The product must then be uninstalled from all machines and any storage devices
4. You may not redistribute the software in any shape or form
4. Amendments to EULA
1. Big Kid Genius, may at any time, with or without notice, change, update or amend the End User Licence Agreement (EULA), any changes or updates will be available for view in the Terms and Conditions section of the Big Kid Genius website
5. New Releases to Software
1. You are not entitled to receive any new releases of the products/software, or any updates, upgrades or similar products under the EULA, but Big Kid Genius may, in its sole discretion, offer any or all of the abovementioned to you.
2. Big Kid Genius may update, upgrade or otherwise enhance any of the products/software at any time, in its sole discretion, without obligation to you and with or without notice
6. No Warranties
1. All products, software and services are provided "AS IS," with all faults, and without warranty of any kind; you assume all risk of use and all risk associated with accessing and using the products and services
1. In the event there is a product fault, you may contact Big Kid Genius
2. Big Kid Genius disclaims all warranties, whether express or implied, including without limitation the warranties of merchantability, fitness for particular purpose and non-infringement
3. Big Kid Genius does not warrant that any of the products/software will be uninterrupted or error-free, nor that the products/software will be compatible with your hardware and software
1. It is your responsibility to check the requirements of your system prior to purchase; in the event you fail to do so, Big Kid Genius, at its sole discretion may refuse you a refund
7. Disclaimer of Damages
1. In no event shall Big Kid Genius, its affiliates, licensors or suppliers be liable to you or to any third party for any special, indirect, incidental, consequential, punitive or exemplary damages (including without limitation, lost profits or lost data), arising from (but not limited to) installation or use of the products/software, the EULA, or any other services or materials provided therewith, whether based on warranty, contract, tort or any other legal theory, and whether or not Big Kid Genius is advised of the possibility of such damages, and even if any stated remedy fails of its essential purpose
8. Miscellaneous
1. If any part of the EULA 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 expressed in the EULA, and the remaining portions shall remain in full force and effect.
2. The EULA, including the Terms of Service and Terms and Conditions as referenced therein and on the Big Kid Genius website, as each may be amended by Big Kid Genius from time to time, with or without notice, sets forth the entire understanding and agreement between Big Kid Genius and you with respect to the subject matter hereof.

By installing any of our products/software, using our website, or making use of Big Kid Genius services, you are hereby agreeing to the abovementioned, our Terms of Service and our Terms and Conditions, as stated prior to installation and on the Big Kid Genius website.