Terms of Service

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TERMS OF USE:

All use of The Big Printer's World Wide Web pages located within www.thebigprinter.com is subject to the terms and conditions set forth below ("Terms"), provided however that other terms of use shall apply with respect to The Big Printer’s affiliates' websites, as specified on each such website. Any use of such web pages constitutes the user's agreement to abide by the Terms. We may, at our sole discretion, amend the Terms at any time by posting the amended terms on this site. You agree to abide by all of the provisions in this Agreement in order to remain an authorized user of the Services, and your use of the Services constitutes your agreement to abide by these provisions. Your use of the Service indicates that you are bound by this agreement with us. The Big Printer further reserves the right, in its sole discretion, to restrict the use of the Service as well as suspend or revoke your rights to use the Services based on The Big Printer’s belief that your use of the Services violates that permitted by this Agreement or applicable law. IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICES.

PRIVACY:

By using The Big Printer’s site, the user acknowledges that they understand that The Big Printer is designed as an information sharing tool between the customer and company. In its capacity as an information sharing tool, the user acknowledges that a limited amount of information about the user and the user’s business may be disbursed to employees of The Big Printer. BY USING THIS SITE, THE USER IS HEREBY AGREEING TO THESE TERMS AND CONSENTS TO THE SHARING OF THIS INFORMATION. The Big Printer maintains a database of member/user information to facilitate the site's operations for members, users and administrators. The following discloses our information collection, use and dissemination practices.

E-mail Addresses: Member e-mail addresses are stored in a database for use in communication between The Big Printer and the user. This information is not shared except in cooperation with appropriate authorities in the case of violations of our Terms of Service.
IP addresses: Member/User IP addresses are collected, and stored in a database to help diagnose, track, and manage issues within the site. This information is not shared except in cooperation with appropriate authorities in the case of violations of our Terms of Service.
Purchasing Data: Purchasing Data consists of, but is not limited to Name, Address, and Phone. The Big Printer does not keep a database of credit card numbers. This information is not shared except in cooperation with appropriate authorities in the case of violations of our Terms of Service.
Off-Site Links: This site may contain links to a variety of other web sites. We cannot, and will not be held responsible for the privacy practices, or content of any web site other than our own.

REGISTRATION FOR GALLERY USERS (ARTISTS):

As part of the registration process, you will be required to select a password and username. The Big Printer may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion as determined by The Big Printer in its sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Service to any third-party. If you have reason to believe that your account with The Big Printer is no longer secure, you must immediately notify The Big Printer of the problem by contacting The Big Printer and you must request that your password be changed. The Big Printer, in its sole discretion, reserves the right to require all users to change their password at various times as determined by The Big Printer. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:

THIS SITE IS PROVIDED BY THE BIG PRINTER ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE BIG PRINTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. THE BIG PRINTER RESERVES THE RIGHT TO REFUSE SERVICE TO ANY USERS FOR ANY REASON. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER THE BIG PRINTER NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR GROSS OR WILLFUL NEGLIGENCE, SHALL THE BIG PRINTER (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SERVICE, OR THE SERVICE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE BIG PRINTER (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU. THIS INCLUDES COPYRIGHT INFRINGEMENT OF ANY DATA UPLOADED TO THE SITE. THIS ALSO INCLUDES ANY OFFENSIVE OR OTHERWISE ILLEGAL DATA UPLOADED TO THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BIG PRINTER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE BIG PRINTER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES.

ADDITIONAL DISCLAIMERS REGARDING ARTIST SERVICES:

POSTING ARTWORK ON THE BIG PRINTER DOES NOT GUARANTEE SALES OF PRINTS FOR THAT ARTWORK. ANY REPORTS SUPPLIED TO ARTISTS REGARDING SALES OF THEIR PRINTS ARE NOT GUARANTEED TO BE ACCURATE AND ARE SUPPLIED AT WILL BY THE BIG PRINTER. DISTRIBUTION DATES OF ANY PAYMENTS OWED TO PARTICIPATING USERS WILL BE DETERMINED BY THE BIG PRINTER. THE BIG PRINTER IS NOT OBLIGATED TO DELIVER PAYMENTS ON ANY PARTICULAR SCHEDULE. THE BIG PRINTER IS NOT RESPONSIBLE FOR WITHHOLDING ANY FORM OF TAXES FROM USER PAYMENTS, BUT THE BIG PRINTER RESERVES THE RIGHT TO REPORT INCOME OF USERS OBTAINED THROUGH USE OF THE SITE TO LOCAL AND FEDERAL GOVERNMENTS. THE BIG PRINTER RESERVERS THE RIGHT TO CANCEL THE ARTIST SERVICES PROGRAM AT WILL. THE BIG PRINTER RESERVES THE RIGHT TO READJUST THE INCOME SPLIT FOR THE PLAN AT ANY TIME. BY UPLOADING ARTWORKS TO THE BIG PRINTER, THE ARTIST IS AGREEING TO LISCENCE THE WORK TO THE BIG PRINTER TO DUPLICATE ONTO ACTUAL MEDIA FOR SALE, AND THEREFORE CANNOT HOLD THE BIG PRINTER LIABLE FOR COPYRIGHT OR TRADEMARK INFRINGEMENT.

SITE SECURITY:

You may not violate or attempt to violate the security of the Service, including by, without limitation (a) accessing data not intended for you or logging into a server or account with you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Service, overloading, conducting "denial of service attacks", "flooding", "spamming", "mail bombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (f) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service. Violations of system or network security may result in civil or criminal liability. The Big Printer will investigate occurrences which may violate such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

ELECTRONIC COMMUNICATIONS:

When you visit thebigprinter.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT:

All content provided on this site is owned by or licensed to The Big Printer and/or its affiliates (the "The Big Printer Content") and protected by United States and international copyright laws. The Big Printer and its licensors retain all proprietary rights to the The Big Printer Content. The Big Printer Content may not be reproduced, transmitted or distributed without the prior written consent of The Big Printer.

TRADEMARKS:

All trademarks, service marks, trade names, logos and graphics ("Marks") indicated on this site are registered trademarks of The Big Printer and/or its affiliates, in the United States and other countries. You may not make any use of The Big Printer's Marks without the prior written consent of The Big Printer.

FRAUD POLICY AND INFORMATION:

WARNING: We take fraud seriously. It is a crime to purchase any part of this Service with a false name or with the use of an invalid credit card. (An invalid credit card is one that is created for the sole purpose of purchasing items or services illegally or using a credit card or its information, via theft or unauthorized use.) It is also illegal to misuse the charge back process to take advantage of the Service. If you are a victim of fraud or if you are a perpetrator, be aware that we will actively pursue and prosecute fraud offenders to the fullest extent of the law.

RETURN POLICY:

In the event that you receive a delivered product that exhibits signs of "physical damage", you may return that product for a refund. The Big Printer will refund the cost of that product and the INITIAL delivery costs upon receipt by The Big Printer of the returned item. "Physical damage" is defined as damage to the medium upon which images are printed and includes tears, wrinkles, creases, water damage, and fire damage. It does not cover, in any way, the quality of the printed image including but not limited to contrast, lightness, color balance, image distortion, and sharpness, nor is does is cover any rolling of the media as prints are shipped in a tube.

The Big Printer provides no refunds for the purchase of gallery space offered in the Artist Services.

SHIPPING POLICY:

The Big Printer ships all items via UPS ground mail and will not be held liable for products that have been lost or damaged during shipping. The Big Printer reserves the right to charge any amount deemed reasonable by The Big Printer for shipping and handling. The Big Printer reserves the right to refuse shipping to any location and will refund the cost of the purchased product and initial shipping should such shipping be refused. The Big Printer reserves the right to add an additional shipping charge for shipping to any location outside of the United States. The Big Printer will make all attempts to deliver products in an expedient manner but will not be held liable for such products for a period of two years.

RULES AND REGULATIONS:

Members/Users will not:

transmit copyrighted material for which they are not the owner of said copyright.
transmit more than 100 megabytes of data to the site per 24 hour period.
transmit any libelous, defamatory, or any other material that could give rise to any civil or criminal liability under the law.
use thebigpicture.com for personal attacks. This includes but is not limited to, destructive, abusive, defamatory communications in any form, and retaliatory attacks from personal attacks.
issue destructive commentary/communications made with the intent to disrupt or attack (Trolling). This applies to any communications within this community, whether in the forums, art galleries, graffiti wall, chat, or IM.
use thebigpicture.com for advertising or linking to any publications and/or web sites that are age restricted due to content, and/or pornographic in nature.
transmit pornographic, or offensive material, including material dealing with rape (actual or implied), torture (defined as: the infliction of intense pain (as from burning, crushing, wounding, crucifixion) to punish, coerce, or afford sadistic pleasure), Sexual acts (depictions of sexual intercourse - between humanoids/non-humanoids/animals - masturbation), Physical arousal (This includes but is not exclusive to: images of an erect penis/ images showing the inner portion of the vulva or vaginal area), Explicit sexual content (manipulation of breasts/nipples/ sexual situations/ “implied” sexual acts/ extreme or explicit S&M bondage situations/ lewd or obscene sexual references), Genital contact with ANY object, other than sitting or clothing, Child Nudity: Images of children or characters resembling children (including teens, pre adolescent, child like fairies and other imaginary figures) under 18 years of age, depicting nudity. The Big Printer reserves the right to determine if an uploaded picture is considered pornographic or offensive.
A signed model release with Photo-ID must be provided upon request if posting images with photographic nudes.

GENERAL TERMS:

This Agreement and any policies and rules posted by The Big Printer constitute the complete, exclusive and final expression of the agreement of the parties with respect to the subject matter hereof. No waiver by either The Big Printer or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of The Big Printer and its successors, trustees, and assigns. The Big Printer may assign this Agreement, or any of its rights or obligations under this Agreement, with or without notice to you. Any such assignment by The Big Printer does not relieve you of your obligations under this Agreement.

By visiting The Big Printer website, you agree that the laws of the State of Georgia, without regard to principles of conflicts of laws, will govern the Terms of Service and a dispute of any type that may arise between you and The Big Printer in connection with your use of the website. In addition, you agree that any legal action that may arise between you and The Big Printer in connection with your use of the services shall be brought exclusively in the County Court for Cobb County, George or the United States District Court for the Metro Atlanta District of Georgia, to which you submit to the exclusive jurisdiction and venue thereof. You further agree that in the event litigation ensues over the Terms of Service and your use of the website, the prevailing party in any such litigation shall be entitled to recover all costs and expenses, including, but not limited to, reasonable attorney's fees, court costs and attendant expenses, from the non-prevailing party.

LICENSE AND SITE ACCESS:

The Big Printer grants you a limited license to access and make use of this site, subject to the Terms. This site and any portion hereof may not be reproduced, duplicated, copied, downloaded, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of The Big Printer. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout and form) of The Big Printer and/or its affiliates without the express written consent of The Big Printer. You may not use any meta tags or any other "hidden text" utilizing The Big Printer's name or Marks without the express written consent of The Big Printer. Any unauthorized use terminates the license granted by The Big Printer.