You agree that your use of our www.bigfigdesign.com/bigfigdesigngroup.com website, or any products or services available on or through any of our sites constitutes acceptance of the terms and conditions listed, below, in this agreement. If you work for or represent a business, you represent and agree that you are authorized by that business to enter into this agreement on behalf of that business. You understand that BIG FIG DESIGN, LLC is relying on the fact that you are authorized to enter into this agreement on behalf of that business. When we use the words “you” or “your” in these terms and conditions, we refer to you, individually, and the company you may work for, own or represent. If for any reason or no reason you do not agree to be bound by this agreement, as amended, you must stop using our site.
2. Access to Content.
BIG FIG DESIGN, LLC tries to provide uninterrupted access to our website. However, from time to time, you may be unable to access digital content due to conditions beyond our control. These conditions include, but are not limited to acts of God, power outages, electrical problems and/or the acts of computer hackers and others acting outside the law. Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. Please know that, when one or more of these events occurs, BIG FIG DESIGN, LLC will exert commercially reasonable steps to ensure access is restored within a reasonable period of time.
BIG FIG DESIGN, LLC reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of our website in whole or in part, including, without limitation, any content, availability or access to www.bigfigdesign.com/bigfigdesigngroup.com. You are solely responsible for ensuring that you have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of our website.
3. Prohibited Conduct.
We expect you to use good judgment when using and accessing our site and its content. Our website and the digital content available on and through it are all governed by copyright laws and other applicable laws. Below is a list of some of the things you may not do. You may not:
.Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects bigfigdesign.com/bigfigdesigngroup.com’s computers, servers or databases.
.Capture, download, save, upload, print or otherwise retain information or content available on the site except for personal use.
.Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the Content available on the Site.
.Transfer our website content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to our website content; or “deep link” to the Site Content.
.Violate or attempt to violate BIG FIG DESIGN, LLC’s security mechanisms, access any data or server you are not authorized to access or otherwise breach the security of our website or corrupt it in any way.
.Engage in any other conduct which violates the laws of the United States or any foreign jurisdiction (especially copyright laws).
.Use any device not approved by BIG FIG DESIGN, LLC (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other users, our websites or our company.
.Use or attempt to use our website or any of our content to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
.Post obscene, harassing, defamatory, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
.Advertise or otherwise solicit funds, goods or services on or through our site.
.Provide any commercial hosting service with access to our site and/or its content or programs.
We reserve the right to monitor use of our website(s) and we may revoke or deny access to any content or programs to any person or entity whose behavior, activities or use of our website or its content violates or appears to violate the prohibited conduct described above. BIG FIG DESIGN, LLC reserves the right to deny and/or prohibit uploading of content in appropriate circumstances from users who repeatedly infringe content of others by uploading content to any part of this website. Access to content or programs beyond that of normal patterns of use that suggests systematic copying of the materials constitutes prohibited conduct and will result in revocation or denial of access to the Content. The terms “normal patterns” and “abuse” shall be determined solely by BIG FIG DESIGN, LLC.
We report suspicious behavior to and cooperate with civil and criminal enforcement agencies both in the United States and abroad. You hereby consent to monitoring and to the provision of all information about your use of our site to law enforcement and others as may be useful to respond to allegations that our website, content, services or information has been misused or violates the rights of any third party.
4. Absence of Warranties, Express or Implied.
BIG FIG DESIGN, LLC makes no representations or warranties regarding its www.bigfigdesign.com/bigfigdesigngroup.com website. The digital content available on or through BIG FIG DESIGN, LLC has been compiled by BIG FIG DESIGN, LLC, third parties and other proprietary sources. BIG FIG DESIGN, LLC does not represent or warrant that any content or information is current, complete or accurate.
ALTHOUGH BIG FIG DESIGN, LLC HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON ITS WEBSITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF INFORMATION ON THE WEBSITE AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.
5. Disclaimers and Limitations on Liability.
BIG FIG DESIGN, LLC AND WWW.BIGFIGDESIGN.COM/BIGFIGDESIGNGROUP.COM HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING THE PERFORMANCE OF THE WEBSITE, ANY PRODUCTS OR SERVICES ON THE SITE OR THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE CONTENT, DATA AND INFORMATION, INCLUDING (WITHOUT LIMITATION) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY IMPLIED INDEMNITIES. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL I BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR ANY OTHER CLAIMS OF YOURS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR USE OF MY WEBSITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU VIEW, DOWNLOAD OR STREAM IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AS A RESULT, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR STREAMING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU. HOWEVER, BIG FIG DESIGN, LLC RELIES ON SUCH DISCLAIMERS AND LIMITATIONS ON DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY LAW.
6. Warranty and Indemnification Obligation of User.
You must have permission to submit any photo or content you provide to the website. By submitting a photograph or content to the community and/or website, You warrant that You have the right to submit it and license us to post it.
You agree that you shall indemnify and hold harmless BIG FIG DESIGN, LLC, its officers, directors, employees and agents, and all entities that have contributed content, information or data to, or provided services on or through BIG FIG DESIGN, LLC and www.bigfigdesign.com/bigfigdesigngroup.com, against any and all losses, claims, demands, expenses (including reasonable attorneys’ and expert witness fees) or liabilities of whatever nature or kind arising in any way out of your violation of this agreement, any of its terms or conditions or your use of our website, or of the content, or information and data contained therein or provided through it.
7. Third Party Content; Hyperlinks.
Our website(s) may contain links and references to other third party websites and materials. We do not assume any responsibility for these websites or materials and provide these links or materials solely for your convenience. BIG FIG DESIGN, LLC may disable any hyperlink to our site at any time. We reserve the right (but are not obligated), subject to applicable laws, to monitor third party websites and hyperlinks on and to our website.
BIG FIG DESIGN, LLC MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF, NOR ANY IMPLIED INDEMNITIES FOR ANY DATA OR INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, BIG FIG DESIGN, LLC DOES NOT REPRESENT OR WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON A BIG FIG DESIGN, LLC WEBSITE.
8. Copyrights, Trademarks and Other Proprietary Rights.
BIG FIG DESIGN, LLC and/or its third party content providers retain all rights throughout the universe in the intellectual property in and on the BIG FIG DESIGN, LLC website, including but not limited to trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the website, its color combinations, layout, and all other graphical elements, and the copyrights in and to its content. You should assume that everything you read or see on bigfigdesign.com/bigfigdesigngroup.com is copyrighted, trademarked, or otherwise protected and owned or licensed by BIG FIG DESIGN, LLC. Except as expressly stated on bigfigdesign.com/bigfigdesigngroup.com or in these Terms, nothing that You read or see on bigfigdesign.com/bigfigdesigngroup.com or in the CONTENT may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of BIG FIG DESIGN, LLC, except as provided in these Terms. Nothing in these Terms grants you an express or implied license to use any of BIG FIG DESIGN, LLC’s intellectual property except as provided herein.
If you submit any idea, invention, discovery, improvement, trade secret or know-how to BIG FIG DESIGN, LLC, You may forfeit those rights and any applicable moral rights contained in such communication or material.
9. Security; Authorized Use.
You may not, directly or indirectly, violate or attempt to violate the security of any BIG FIG DESIGN, LLC website. BIG FIG DESIGN, LLC has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. BIG FIG DESIGN, LLC may immediately suspend your access to the extent possible while it conducts an investigation.
You represent and warrant that you are the person on whose behalf you claim to accept this agreement. As stated earlier in this agreement, if you are entering into this agreement on behalf of a third person or entity, you represent and warrant that you have the power and authority to enter into these terms and bind such person or entity. You also represent and warrant that you are an adult who is legally able to enter into this agreement.
You agree to notify BIG FIG DESIGN, LLC immediately if you are aware of or suspect unauthorized use of our website and/or any content or programs.
10. Term and Termination.
The term of this agreement shall begin on the day that you first access our website and shall continue until terminated by either of us upon notice, which may be given by email. All of BIG FIG DESIGN, LLC’s rights as set forth herein and Your obligations under Section 6 shall survive any termination or expiration of this agreement. Additionally, all of the restrictions on use of our information shall continue to apply to information downloaded from any BIG FIG DESIGN, LLC website or third party provider until all copies of that information are destroyed by you. In addition to any other rights or remedies BIG FIG DESIGN, LLC may have at law or in equity, BIG FIG DESIGN, LLC may terminate this agreement at any time and at its sole and absolute discretion. BIG FIG DESIGN, LLC may also terminate your access to content or otherwise block or cancel your access to our website without notice if we believe, in its sole judgment, that you have breached or may breach any term or condition of this agreement, or engaged in conduct that BIG FIG DESIGN, LLC deems inappropriate.
These terms and conditions of use/agreement constitute the entire agreement between BIG FIG DESIGN, LLC and you regarding the subject matter hereof, and any additional or different terms or conditions set forth in any other document on the subject matter hereof, including without limitation any purchase order, shall be of no effect. Any previous agreement, whether oral or written, between you and BIG FIG DESIGN, LLC dealing with the subject matter hereof is superseded. This agreement may only be modified or amended in writing on this site, by BIG FIG DESIGN, LLC. If any portion of this agreement is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon your breach or threatened breach hereof, BIG FIG DESIGN, LLC may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. BIG FIG DESIGN, LLC’s remedies are cumulative and not exclusive. Failure of BIG FIG DESIGN, LLC to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of this agreement at any later time. You agree that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By accessing any BIG FIG DESIGN, LLC website, you agree to and accept this shortening of the statutes of limitations. BIG FIG DESIGN, LLC makes no covenant, representation or warranty that any content on or available through its website is appropriate or available for use in all locations. BIG FIG DESIGN, LLC operates its website from the United States and makes no representation or warranty that its website or operation thereof complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using any BIG FIG DESIGN, LLC website. You may not assign your rights or delegate your duties under this agreement.
13. Governing Law; Dispute Resolution; Forum and Venue.
This Agreement shall be governed by, construed and enforced in accordance with the internal laws of the State of Washington, without giving effect to principles and provisions thereof relating to conflict or choice of laws irrespective of the fact that any one of the parties is now or may become a resident of a different state.
All disputes between you and BIG FIG DESIGN, LLC shall be finally resolved through binding arbitration in Seattle, Washington. The arbitration shall be conducted by one (1) arbitrator selected under the applicable rules of JAMS. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the Washington Superior Court, King County or the United States District Court for the Western District of Washington. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Jarvis may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Jarvis shall not have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the Washington Superior Court, King County or the United States District Court for the Western District of Washington for any equitable claim or other action related to or arising from this agreement, or any terms and conditions contained herein. The parties waive all objection and challenge to such venue and personal jurisdiction. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.
Any feedback you provide at this site shall be deemed to be non-confidential. Big Fig Design, LLC shall be free to use such information on an unrestricted basis. The information contained in this web site is subject to change without notice.
Copyright © 2000 – 2012 Big Fig Design, LLC. All rights reserved.
Updated by Big Fig Design, LLC on 1/7/12
What information do we collect?
Information Provided by You:
You may provide us with certain personally identifiable information when you:
* request customer support or send us any other communication;
* sign up for newsletters, email alerts, and special offers;
* sign up for, or redeem, special offers;
* respond to surveys;
Such information may include your name, email address, billing address, shipping address, and credit card number. You may also provide us with information about other people, such as their email addresses, if you email a product to a friend or refer a friend to our Website or our promotions.
Information Collected by Cookies:
Information Collected by Web Beacons and Log Files:
We collect certain non-personally identifiable information through the use of web beacons and log files. Such information may include your IP address, browser type, site usage, and whether you opened emails you received from us.
How do we secure your information?
We use the secure Google Checkout system. When you place orders or access your account information, we use their commercially reasonable and generally-accepted technological safeguards to secure any information we collect about you. The secure server software (SSL) used by the Google checkout system encrypts all information you input before it is sent. We do not have access to, nor can we collect any of this information.
We use the personally identifiable information you provide to us to:
* provide the features and functionality of our Website;
* fulfill your requests for our products and services;
* pay royalties and referral fees;
* communicate with you about the status of your orders and other inquiries about our products and services;
* send you information about our products and services; and
* provide notices about the results of sweepstakes, contest, and other promotions.
We use your email address you provide to us to communicate with you about your account and to send you certain notification emails. You can change the frequency of those emails in your subscription settings.
We do not use your email address or other personally identifiable information to send marketing messages without your consent. Similarly, if you email a product to a friend or refer a friend to our Website or our promotions, we will use your friend’s email to send them the e-mail you requested. You and your friend’s e-mail addresses will only be used for this purpose unless permission is otherwise granted.
We use non-personally identifiable information to monitor the use and performance of our Website so that we can learn more about how people use our Website and improve our products and services.
Do we disclose the information we collect to outside parties?
We do not share personal information about you with other people or non-affiliated companies without your consent except that:
If you sign up for a promotion (e.g., a contest or sweepstakes offer) or enroll in a service we offer in partnership with a third party, we may provide information (such as your name, email address, and account activity) to such third parties.
From time-to-time, we may provide our contributors with the first name and city/state/country of residence of our customers who have purchased such contributor’s products.
We may also release information (including your name, addresses, telephone number, and account activity) when we, in our sole discretion believe that such release is necessary or appropriate to:
* comply with law;
* comply with subpoenas, warrants, court orders, government investigations, or other legal process;
* enforce or apply the terms of any of our user or license agreements;
* investigate or respond to allegations of fraud, intellectual property infringement, or other unlawful activity
* investigate fraud or similar claims; or
* protect the rights, property or safety of our Website, our users, or others.
In the event that we are acquired by, or merged with, another company we reserve the right to transfer all information we have collected from our users in connection with such acquisition or merger.
We may disclose non-personally-identifiable information to third parties in aggregate form to potential business partners and investors.
You will receive your receipt from Google Checkout in your email the day you order. Our billing process is not connected to our vendors’ and they never handle your private information. We have developed this process to make things as secure and simple as possible.
Copyright © 2000 – 2012 Big Fig Design, LLC. All rights reserved.
Updated by Big Fig Design, LLC on 1/7/12