Effective 1/1/2005
Privacy
Below is our privacy policy which governs what information we need to gather as part of the purchase process and what we do with the information.
Electronic Communications (Email, etc)
When you browse to Big Digital Photo or send e-mails to us, you are communicating with us electronically, by doing this you consent to allow us to communicate with you by e-mail or by posting notices on this site. Any communications that we send electronically is in lieu of written communication (notices, and other communication) and will satisfy any legal requirement that such communications be in writing.
Copyright Notice
All content included on this site including all graphics, text, logos and software, is the property of Big Digital Photo or its design company supplier and protected by Canadian and international copyright laws. exclusive property of Big Digital Photo, with copyright authorized for this collection by Nictech Designs Inc. , and protected by Canadian and international copyright laws. The software application provider and author for "Zen-Cart", is used under the GNU GENERAL PUBLIC LICENSE and all original authorship and credit for Zen-Cart remains the intellectual rights of www.zen-cart.com.
Trademarks
Big Digital Photo trademarks and trade dress may not be used in connection with any product or service that is not Big Digital Photo, in any manner that is likely to cause confusion among customers in the web or real marketplace, or in any manner that disparages or discredits Big Digital Photo. All other trademarks not owned by Big Digital Photo or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with Big Digital Photoor its subsidiaries.
LICENSE AND SITE ACCESS
Big Digital Photo grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Big Digital Photo. This license does not permit any resale or commercial use of this site or any of its contents. This site or any portion of this site may not be reproduced, duplicated, copied, for any commercial purpose without express written consent of Big Digital Photo. You may not use any meta tags or any other ":hidden text": utilizing Big Digital Photo name or trademarks without the express written consent of Big Digital Photo. Any unauthorized use terminates the permission or license granted by Big Digital Photo.
Your Online Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur during the period of your account login. If you are under 18, you may use our website only with involvement of a parent or guardian. Big Digital Photo and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel and modify orders in their sole discretion.
Reviews, Comments, Emails, and other visitor introduced content
Visitors may post reviews, comments, and other content: so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, does not consist of or contain software viruses, or any form of ":spam.": You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of set content. Big Digital Photo reserves the right to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant Big Digital Photo and its associates a nonexclusive, royalty-free, right to use, reproduce, modify, publish, translate, create such content throughout the world in any media. You grant Big Digital Photo and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate. Big Digital Photo takes no responsibility and assumes no liability for any content posted by you or any third party.
Risk Of Loss or Damage
All items purchased from Big Digital Photo are made pursuant to a shipment contract. This means that the risk of loss or damage for such items pass to you upon our delivery to the carrier.The shipping charges are non refundable at all times.
Product Descriptions
Big Digital Photo and its associates make every attempt for all content to be as accurate as possible. However, Big Digital Photo does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Big Digital Photo itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Big Digital Photo ON AN ":AS IS": AND ":AS AVAILABLE": BASIS. Big Digital Photo MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Big Digital Photo DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Big Digital Photo DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Big Digital Photo ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Big Digital Photo 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, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
TERMINATION OF THIS AGREEMENT AND THE WEB SITE
If you breach any provision of this Agreement, you may no longer use the Web Site. Big Digital Photo Online Store may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Web Site and your user password, all without any notice or liability to you or any other person. If this Agreement or your permission to use the Web Site is terminated by you or Big Digital Photo Online Store for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Web Site and your purchases of goods and services through the Web Site and anything connected with, relating to or arising from those matters.
Applicable Law
By visiting Big Digital Photo, you agree that the laws of the Province of New Brunswick, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Big Digital Photo or its associates.
Disputes Situations
Any dispute relating in any way to your visit to Big Digital Photo or to products you purchase through Big Digital Photo shall be submitted to confidential arbitration in New Brunswick Canada except that, to the extent you have in any manner violated or threatened to violate Big Digital Photo s intellectual property rights, Big Digital Photo may seek injunctive or other appropriate relief in any provincial or federal court in the Province of New Brunswick, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies and Changes
Please review our other policies, such as our Shipping and Returns and Privacy guidlines policy, posted on this site. These policies also govern your visit to Big Digital Photo. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time.
Linking
Due to bandwidth concerns we ask that you do not link to photos on our site. We have the capability to monitor the IP address of all users and will ban any I.P. that links to our photos.
QUESTIONS:
Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link in the side menu.
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