Terms of service

BIGCHRISART.COM TERMS OF SERVICE

 

Big Chris Art is an art creation company that prints and sells on demand merchandise as well as original Art owned or licensed by Big Chris Art, LLC. 

1. USER’S ACCEPTANCE: By using and/or visiting BigChrisArt.com, you (“The user”) agree to the terms and conditions set forth in the BigChrisArt.com Terms of Service; the BigChrisArt.com Privacy Policy, and Upload Rules. If User does not agree to any of these terms, User is not authorized to use this website. Further, BigChrisArtcom may, in its sole discretion, modify or revise the Terms of Service and the BigChrisArt.com policies at any time, and User agrees to be bound by such modifications or revisions. BigChrisArt.com strongly recommends that User periodically review the most up to date version of the Terms of Service. Nothing in the Terms of Service shall be deemed to confer any third parties rights or benefits.
2. ORDERING/PRINT ON DEMAND SERVICE

 

PROCESSING/DELIVERY TIMELINE. BigChrisArt.com does not guarantee specific processing or shipment times.

FULFILLMENT DELIVERIES. BigChrisArt.com is not responsible for 3rd partydelivery delays, lost packages, or damage due to delivery partner. BigChrisArt.com will provide a tracking number when available but it is up to the seller to track down or contact local postal service to track any lost or delayed packages. Lost packages are the responsibility of the User.

PAYMENTS OF GOODS. All orders must be paid prior to us starting to process your orders.

The user is solely responsible for all content submitted to the BigChrisArt.com Website, including photographs, videos, textual content, drawings, designs, and other works, whether submitted as a T-shirt design or for any other purpose. User affirms, represents and warrants that User owns or has the necessary licenses, rights, consents and permissions to use and authorize BigChrisArt.com to use all patents, trademarks, trade secrets, copyrights, or other proprietary rights in and to any and all User Submissions, to enable inclusion and use of the User Submission in all manners contemplated by the BigChrisArt.com Website and these Terms of Service. By submitting any art or files to BigChrisArt.com, User grants to BigChrisArt.com a worldwide, non-exclusive, royalty-free license to host and use any Content provided through your use of the BigChrisArt.com Services at its discretion.

User agrees that User will not submit material that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including the rights of privacy and publicity, unless User is the owner of such rights or has permission from the rightful owner to post the material and to grant the licenses granted herein. User agrees that BigChrisArt.com has the right to refuse to accept, to limit access to, to remove, and/or to refuse to publish any User Submission which BigChrisArt.com considers to be amoral, scandalous, offensive, or in bad taste. All determinations as to whether a User Submission is amoral, scandalous, offensive, or in bad taste or that BigChrisArt.com deems to be in violation of any intellectual property right of any third party. All determinations as to whether a User Submission is amoral, scandalous, offensive, in bad taste, or in violation of any intellectual property rights of any third party are to be made by BigChrisArt.com at its sole discretion and are final. User agrees to be bound by the decision of BigChrisArt.com.

User agrees that BigChrisArt.com’s determination of a violation of intellectual property rights may be deemed intentional, due to blatant or recurring submissions, of material deemed by BigChrisArt.com to be in violation of intellectual property rights. The user will be informed of their status of intentional intellectual property rights violator at the electronic address provided by User. User agrees that if determined to be an intentional violator -further orders, that are deemed to be an intellectual property rights violation by PBigChrisArt.com, are subject to cancelation and processing charges of up to $10 USD per offending item, not withholding any fees or charges previously incurred.

BY PROCESSING AND SUBMITTING YOUR ORDER USING BIGCHRISART.COM, YOU REPRESENT AND WARRANT TO BIGCHRISART.COM, ITS AFFILIATES, AGENTS, AND BUSINESS PARTNERS, THAT YOU OWN AND POSSESS ALL RIGHTS OR OWN AND POSSESS SUFFICIENT RIGHTS OF THIRD PARTIES, NECESSARY TO COPY, PRODUCE, PRINT OR IMPRINT, EACH AND EVERY ITEM AND PORTION THEREOF YOU SUBMIT TO BIGCHRISART.COM, ITS AFFILIATES, AGENTS, AND BUSINESS PARTNERS. YOU FURTHER REPRESENT AND WARRANT TO BIGCHRISART.COM, ITS AFFILIATES, AGENTS, AND BUSINESS PARTNERS, THAT YOU ARE NOT INFRINGING ON ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.  YOU AGREE AND COVENANT THAT AT THE REQUEST OF BIGCHRISART.COM, AND WITHOUT FURTHER CONSIDERATION, YOU WILL PROMPTLY DELIVER TO BIGCHRISART.COM REASONABLE EVIDENCE OF SUCH ADEQUATE AND ENFORCEABLE RIGHTS OF THIRD PARTIES (i.e. consents, approvals, licenses or sublicenses).

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BIGCHRISART.COM, ITS AFFILIATES, AGENTS, AND BUSINESS PARTNERS, FROM ALL COSTS, EXPENSES (INCLUDING REASONABLE LEGAL FEES) AND LIABILITIES, INCURRED BY BIGCHRISART.COM, ITS AFFILIATES, AGENTS, AND BUSINESS PARTNERS, AS A RESULT OF ANY FAILURE BY YOU TO POSSESS SUCH RIGHTS, OR FOR ANY INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

1. WARRANTY DISCLAIMER: BigChrisArt.com, its officers, directors, employees, affiliates, agents and business partners disclaim all warranties, express or implied, in connection with the BigChrisArt.com Website and User’s use thereof. BigChrisArt.com makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from User’s access to and use of the BigChrisArt.com Website, (iii) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) interruption or cessation of transmission to or from the BigChrisArt.com Website, (v) bugs, viruses, Trojan horses or the like which may be transmitted to or through our website by any third party, and/or (vi) errors and omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the BigChrisArt.com Website. BigChrisArt.com does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the BigChrisArt.com Website or any hyperlinked website or website featured in any banner or other advertising, and BigChrisArt.com will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers for products or services. As with the purchase of any product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
2. LIMITATION OF LIABILITY  In no event shall BigChrisArt.com, its officers, directors, employees, afiliates, agents or business partners be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage of any nature whatsoever, resulting from your access to and use of the BigChrisArt.com Website, (iii) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) interruption or cessation of transmission to or from the BigChrisArt.com Website, (v) bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the BigChrisArt.com Website by any third party, and/or (vi) errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, e-mailed, transmitted, or otherwise made available via the BigChrisArt.com Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. User specifically acknowledges that BigChrisArt.com shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with User. The BigChrisArt.com Website is controlled and offered by BigChrisArt.com from its facilities in the United States of America. BigChrisArt.com makes no representations that the BigChrisArt.com Website is appropriate or available for use in other locations. Those who access or use the BigChrisArt.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
3. INDEMNITY  User agrees to defend, indemnify and hold harmless BigChrisArt.com, its officers, directors, employees, affiliates, agents and business partners, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (i) User’s use of and access to the BigChrisArt.com Website; (ii) User’s violation of any term of the Terms of Service, the BigChrisArt.com Upload Rules, the BigChrisArt.com Privacy Policy (iii) User’s violation of any third party rights, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Contributions or Artwork caused damage to a third party; (v) any claim that User failed to collect, report, and remit all taxes to the correct tax authority. This defense and indemnification obligation will survive the Terms of Service and any and all use of the BigChrisArt.com Website.
4. ABILITY TO ACCEPT TERMS OF SERVICE  User affirms that User is either more than 18 years of age, or an emancipated minor, or possesses legal parental or guardian consent, and is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Service, and to abide by and comply with the Terms of Service. In all cases, User affirms that User is over the age of 13, as the BigChrisArt.com Website is not intended for children under 13. If you are under 13 years of age, then please do not use the BigChrisArt.com Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
5. ASSIGNMENT  The Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by the user but, may be assigned by BigChrisArt.com without restriction.
6. GENERAL   User agrees that (i) the BigChrisArt.com Website shall be deemed solely based in Colorado; and (ii) the BigChrisArt.com Website shall be deemed a passive website that does not give rise to personal jurisdiction over BigChrisArt.com, either specific or general, in jurisdictions other than Colorado. The Terms of Service shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Any claim or dispute between User and BigChrisArt.com that arises in whole or in part from the BigChrisArt.com Website shall be decided exclusively by a court of competent jurisdiction located in New York. The Terms of Service, together with all other BigChrisArt.com policies, and any other legal notices published by BigChrisArt.com and/or on the BigChrisArt.com Website, shall constitute the entire agreement between BigChrisArt.com concerning the BigChrisArt.com Website. If any provision of the Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect. No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such terms or any other term, and BigChrisArt.com’s failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision. BigChrisArt.com reserves the right to amend the Terms of Service at any time and without notice, and it is User’s responsibility to review the Terms of Service for any changes. User’s use of the BigChrisArt.com Website following any amendment of the Terms of Service will signify User’s assent to and acceptance of its revised terms. USER AND BIGCHRISART.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BIGCHRISART.COM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY WAIVED AND/OR BARRED.

Contact: S. Wood 

PO Box 60424 Colorado Springs, CO 80906