Welcome to the BIG ART NOW website (the “BIG ART NOW website”). Our services and products presented in the BIG ART NOW website are provided subject to the following terms and conditions. By accessing and visiting the BIG ART NOW website, you agree to be contractually bound by the terms and conditions set forth in this Agreement, or otherwise in effect at the time of your visit. Please read them carefully.
WE RESPECT YOUR PRIVACY
LICENSE AND SITE ACCESS
The BIG ART NOW website grants you a limited license to access and make personal use of the BIG ART NOW website, but not download (other than page caching) or modify it, or any portion of it, except with express written consent of BIG ART NOW. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The BIG ART NOW website or any portion of the BIG ART NOW website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BIG ART NOW. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the BIG ART NOW website without express written consent. You may not use any meta tags or any other “hidden text” utilizing the BIG ART NOW website’s name or trademarks without the express written consent of BIG ART NOW. Any unauthorized use terminates the permission or license granted by BIG ART NOW. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the BIG ART NOW website so long as the link does not portray the BIG ART NOW website, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use the BIG ART NOW website’s logo or other proprietary graphic or trademark as part of the link without express written permission from BIG ART NOW.
LIMITATIONS ON YOUR USE OF THE SITE
You agree not to:
1. Obstruct or attempt to obstruct the systems identification procedures or to forge communications of any form;
2. Attempt to cause, or actually cause, any disruption of service on the BIG ART NOW website or any other network or any server housing the BIG ART NOW website, including but not limited to malicious traffic generation, attempted or actual violation of any security system in place on the Internet and its resources, inserting or injecting into the BIG ART NOW website or any other network or any server housing the BIG ART NOW website any virus, cancelbot, worm, logic bomb, Trojan horse, spyware, adware, malware, or other harmful contents or components, or to engage in or attempt to engage in any unauthorized access to any computer or resource on the Internet;
3. Abuse or attempt to abuse the system and resources of the BIG ART NOW website in any manner;
4. Violate or attempt to violate the security of the authentication and accounting procedures of the BIG ART NOW website;
5. Attempt to or actually undermine, hinder, damage, or disrupt the hardware, software, or security of the BIG ART NOW website or any of its various components.
All content included on the BIG ART NOW website, such as, but not limited to, images, text, graphics, logos, button icons, and video clips, is the property of BIG ART NOW unless otherwise expressly stated, and is protected by United States and international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All content on the BIG ART NOW website that is not the property of BIG ART NOW is used by BIG ART NOW under license from the author or owner. The arrangement and compilation of all content on the BIG ART NOW website are the exclusive property of BIG ART NOW and are protected by U.S. and international copyright laws. All software used on the BIG ART NOW website is the property of BIG ART NOW or its software suppliers and is protected by United States and international copyright laws.
Certain marks used on the BIG ART NOW website are trademarks or service marks of BIG ART NOW or its affiliated companies. Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of BIG ART NOW or its affiliated companies. The BIG ART NOW website’s trademarks and trade dress may not be used in connection with any product or service that is not BIG ART NOW’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the BIG ART NOW website. All other trademarks and service marks not owned by BIG ART NOW or its affiliates that appear on the BIG ART NOW website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BIG ART NOW.
If you use the BIG ART NOW website, 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 under your account or password. If you are under 18 years of age, you may use the BIG ART NOW website only under the supervision and with the approval of your parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Subject to the terms of this Agreement, visitors to the BIG ART NOW website may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, 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 a card or other content. We reserve the right (but not the obligation) to remove or edit such content, but do not regularly review posted content.
If you do post content, and unless we indicate otherwise, you grant BIG ART NOW and/or its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BIG ART NOW 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; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BIG ART NOW for all claims resulting from the use of content you supply. We reserve the right (but not the obligation) to monitor and edit or remove any activity or content. BIG ART NOW takes no responsibility and assumes no liability for any content posted by you or any third party
ALL SUBMISSIONS TO BIG ART NOW ARE GRATUITOUS
We encourage our users and customers to submit ideas, suggestions, or questions, to bigartnow.co/ only on a gratuitous basis. Accordingly, all such submissions by you are made gratuitously and without expectation of compensation for consideration or use thereof. In addition, all such submissions are made without any commitment of confidentiality by RFA Decor. If, despite these conditions of submission, you claim that BIG ART NOW is liable for use of any unpatented idea you submit, you waive any right to seek equitable relief or damages in excess of $1,000 and all liability of BIG ART NOW with respect to such unpatented idea, including but not limited to BIG ART NOW’s use or disclosure thereof.
COPYRIGHT / TRADEMARK COMPLIANCE & COMPLAINTS
We honor the intellectual property rights of others. If you believe that your work has been copied or used on the BIG ART NOW website in a way that constitutes copyright or trademark infringement, please notify us by following the procedure set forth in the immediately following paragraph.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT, INCLUDING COPYRIGHT AND TRADEMARK INFRINGEMENT
If you believe that your work has been copied, distributed or used on the BIG ART NOW website in a way that constitutes copyright or trademark infringement, please provide the BIG ART NOW website’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying BIG ART NOW of your belief that your copyrighted material has been infringed.
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest and a copy of your copyright documentation;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please send your claim to BIG ART NOW’s Copyright Agent at the following address:
BIG ART NOW
PO Box 2176
Palm Beach, FL 33480
USE OF RECOMMENDATION SERVICES
We offer our users and customers certain services that involve the use of images of our products. The product images provided are protected by United States and international copyright laws and may not be used for any other purpose. Users of these services may not: (a) alter, modify or manipulate any product image; (b) use a product image in any form other than the form provided by us; (c) reproduce a product image other than as intended through the use of this service; (d) remove any code or identifying information from a product image; or (e) inactivate the link associated with any product image or cause the image to ultimately link to a destination other than the BIG ART NOW website.
TERMS OF PURCHASES FROM SITE
All purchases from the BIG ART NOW website are made subject to the Purchase Agreement set forth here.
PRICING SUBJECT TO CHANGE
With respect to all products sold on the RFA Decor website, we cannot confirm the price of an item until your order is received by RFA Decor. Despite our best efforts, a small number of the items shown on the RFA Decor website may be mispriced. A detailed explanation of our pricing terms is set forth in our Purchase Agreement here.
We attempt to describe the products offered on the RFA Decor website as accurately as possible. However, we do not warrant that product descriptions or other content of the RFA Decor website are accurate, complete, reliable, current or error-free. A detailed explanation of our product description terms is set forth in our Purchase Agreement here.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT OR MATERIALS DISPLAYED ON THE SITE, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SITE, ITS SERVERS, OR EMAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
MODIFICATION AND SEVERABILITY
ELECTRONIC COMMUNICATIONS; CHOICE/OPT-OUT
You consent to receive communications from us by email. You agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
The BIG ART NOW website provides users the opportunity to opt out of receiving communications from the BIG ART NOW website at the point where BIG ART NOW requests information about the user. The BIG ART NOW website gives users the following options for removing their information from our database to not receive future communications.
1. You can send an email request; or
2. You can send a mail request to the postal address set forth below.
BIG ART NOW
PO Box 2176
Palm Beach, FL 33480
SUBJECT TO CHANGE WITHOUT NOTICE