Acceptance of Terms:
Big Showoffs, LLC provides its Service to you, subject to the following terms and conditions of service which may be updated by us from time to time without notice to you. By accessing any page on this site, you agree to be bound by these terms and conditions. In addition, when participating in certain promotions or other service offerings, you may be subject to additional posted rules that are specific to such services which may be posted on our site. All such rules are hereby incorporated by reference.
Use of Service:
You understand and agree that the Service is provided "AS-IS."
Big Showoffs, LLC reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or any part thereof with or without notice to you. You agree that Big Showoffs, LLC in its sole discretion may terminate your use of the Service and discard any Content for any reason including but not limited to the lack of use or a violation of these terms and conditions. You agree that Big Showoffs, LLC shall not be liable to you for any loss or damage you may suffer due to any modification, suspension, termination, or discontinuance of the Service.
Customer Account, Password & Security:
You are responsible for maintaining the confidentiality of the password and account you create upon completing the registration process, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify Big Showoffs, LLC of any unauthorized use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session. Under no circumstances will Big Showoffs, LLC be liable for any loss or damage arising from your failure to comply.
File Submission:
It is your responsibility to maintain a copy of the original file. Big Showoffs, LLC is not responsible for accidental damage to media supplied by you or for the accuracy of furnished input or final output. Big Showoffs, LLC may limit the maximum size of any Content that may be uploaded. Until digital input can be evaluated by Big Showoffs, LLC, no claims or promises are made about Big Showoffs, LLC's ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilize customer-supplied files will be charged at prevailing rates.
General Order Terms:
Because of differences in monitors, paper, printers, and other media for viewing photographs, a reasonable variation in color between your original image/artwork and the completed job is expected. When variations of this kind occur, it will be considered acceptable performance.
Claims for defects, damages, or shortages must be made by you in writing no later than 30 calendar days after delivery. If no such claim is made, Big Showoffs, LLC and you will understand that the job has been accepted. By accepting the job, you acknowledge that Big Showoffs, LLC's performance has fully satisfied all terms, conditions, and specifications.
Copyright Infringement:
You warrant that the subject matter to be printed is not copyrighted by a third party. You also recognize that because subject matter does not have to bear a copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce. You further warrant that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. To support these warranties, you agree to indemnify and hold Big Showoffs, LLC harmless for all liability, damages, and attorney fees that may be incurred in any legal action connected with copyright infringement involving the work produced or provided.
You also warrant that the work does not contain anything that is libelous or scandalous, or anything that threatens anyone's right to privacy or other personal or economic rights. You will, at your sole expense, promptly and thoroughly defend Big Showoffs, LLC in all legal actions on these grounds as long as Big Showoffs, LLC promptly notifies you of the legal action and gives you reasonable time to undertake and conduct a defense. Big Showoffs, LLC reserves the right to use its discretion in refusing to print anything that it deems illegal, libelous, scandalous, improper, or infringing upon copyright law.
Limitation of Liability:
UNDER NO CIRCUMSTANCES SHALL BIG SHOWOFFS, LLC OR ANY OF ITS AFFILIATES OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, OR PARTNERS BY LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE SERVICE (II) YOUR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR (V) ANY OTHER MATTER RELATING TO SERVICE.
Indemnity:
You agree to indemnify and hold Big Showoffs, LLC, and its subsidiaries, affiliates, officers, agents, co-branders, vendors, partners, employees or assigns harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Content you submit, post, or transmit through the Service, your use of the Service, your violation of the terms and conditions of the Service, or your violation of the rights of a third party.
Governing Law:
Big Showoffs, LLC is based in Hoover, Alabama. Issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of this Site shall be governed by the state laws of Alabama. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Hoover, Alabama. You agree to submit to the jurisdiction of Hoover, Alabama courts and agree that venue in these courts is proper in any such legal action or proceeding. |