Terms and Conditions
Effective Date: 1 St NOV 2017.
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT
YOU REPRESENT (hereinafter “You” or “Your”) AND BIG ART
BUSINESS PVT LTD , a Registered Company in India (hereinafter “ BIF
ART BUSINESS”) GOVERNING YOUR USE OF www.mybigcrm.com
Parts of this Agreement
This Agreement consists of the following terms and conditions
(hereinafter the “General Terms”) and terms and conditions, if any,
specific to use of individual Services (hereinafter the “Service Specific
Terms”). The General Terms and Service Specific Terms are collectively
referred to as the “Terms”. In the event of a conflict between the General
Terms and Service Specific Terms, the Service Specific Terms shall
prevail.
Acceptance of the Terms
You must be of legal age to enter into a binding agreement in order to
accept the Terms. If you do not agree to the General Terms, do not use
any of our Services. If you agree to the General Terms and do not agree
to any Service Specific Terms, do not use the corresponding Service.
You can accept the Terms by checking a checkbox or clicking on a
button indicating your acceptance of the terms or by actually using the
Services.
Description of Service
We provide an array of services for online collaboration and
management including word processor, spreadsheet, presentation tool,
database application creator, email client, chat client, organizer,
customer relationship management application and project management
application ("Service" or "Services"). You may use the Services for your
personal and business use or for internal business purpose in the
organization that you represent. You may connect to the Services using
any Internet browser supported by the Services. You are responsible for
obtaining access to the Internet and the equipment necessary to use the
Services. You can create and edit content with your user account and if
you choose to do so, you can publish and share such content.
Subscription to Beta Service
We may offer certain Services as closed or open beta services ("Beta
Service" or “Beta Services”) for the purpose of testing and evaluation.
You agree that we have the sole authority and discretion to determine
the period of time for testing and evaluation of Beta Services. We will be
the sole judge of the success of such testing and the decision, if any, to
offer the Beta Services as commercial services. You will be under no
obligation to acquire a subscription to use any paid Service as a result of
your subscription to any Beta Service. We reserve the right to fully or
partially discontinue, at any time and from time to time, temporarily or
permanently, any of the Beta Services with or without notice to you. You
agree that “BIG ART BUSINESS” will not be liable to you or to any third
party for any harm related to, arising out of, or caused by the
modification, suspension or discontinuance of any of the Beta Services
for any reason.
Modification of Terms of Service
We may modify the Terms upon notice to you at any time through a
service announcement or by sending email to your primary email
address. If we make significant changes to the Terms that affect your
rights, you will be provided with at least 30 days advance notice of the
changes by email to your primary email address. You may terminate
your use of the Services by providing “BIG ART BUSINESS” notice by
email within 30 days of being notified of the availability of the modified
Terms if the Terms are modified in a manner that substantially affects
your rights in connection with use of the Services. In the event of such
termination, you will be entitled to prorated refund of the unused portion
of any prepaid fees. Your continued use of the Service after the effective
date of any change to the Terms will be deemed to be your agreement
to the modified Terms.
User Sign up Obligations
You need to sign up for a user account by providing all required
information in order to access or use the Services. If you represent an
organization and wish to use the Services for corporate internal use, we
recommend that you, and all other users from your organization, sign up
for user accounts by providing your corporate contact information. In
particular, we recommend that you use your corporate email address.
You agree to: a) provide true, accurate, current and complete
information about yourself as prompted by the sign up process; and b)
maintain and promptly update the information provided during sign up to
keep it true, accurate, current, and complete. If you provide any
information that is untrue, inaccurate, outdated, or incomplete, or if “BIG
ART BUSINESS” has reasonable grounds to suspect that such
information is untrue, inaccurate, outdated, or incomplete, “BIG ART
BUSINESS” may terminate your user account and refuse current or
future use of any or all of the Services.
Organization Accounts and Administrators
When you sign up for an account for your organization you may specify
one or more administrators. The administrators will have the right to
configure the Services based on your requirements and manage end
users in your organization account. If your organization account is
created and configured on your behalf by a third party, it is likely that
such third party has assumed administrator role for your organization.
Make sure that you enter into a suitable agreement with such third party
specifying such party’s roles and restrictions as an administrator of your
organization account.
You are responsible for i) ensuring confidentiality of your organization
account password, ii) appointing competent individuals as administrators
for managing your organization account, and iii) ensuring that all
activities that occur in connection with your organization account comply
with this Agreement. You understand that “BIG ART BUSINESS” is not
responsible for account administration and internal management of the
Services for you.
You are responsible for taking necessary steps for ensuring that your
organization does not lose control of the administrator accounts. You
may specify a process to be followed for recovering control in the event
of such loss of control of the administrator accounts by sending an email
to sales@mybigcrm.com provided that the process is acceptable to
“BIG ART BUSINESS”. In the absence of any specified administrator
account recovery process, “BIG ART BUSINESS” may provide control of
an administrator account to an individual providing proof satisfactory to
“BIG ART BUSINESS” demonstrating authorization to act on behalf of
the organization. You agree not to hold “BIG ART BUSINESS” liable for
the consequences of any action taken by “BIG ART BUSINESS” in good
faith in this regard.
Personal Information and Privacy
Personal information you provide to “BIG ART BUSINESS” through the
Service is governed by “BIG ART BUSINESS” Privacy Policy. Your
election to use the Service indicates your acceptance of the terms of
the “BIG ART BUSINESS” Privacy Policy. You are responsible for
maintaining confidentiality of your username, password and other
sensitive information. You are responsible for all activities that occur in
your user account and you agree to inform us immediately of any
unauthorized use of your user account by email to
sales@mybigcrm.com or by calling us on any of the numbers listed on
https:// www.mybigcrm.com We are not responsible for any loss or
damage to you or to any third party incurred as a result of any
unauthorized access and/or use of your user account, or otherwise.
Communications from “BIG ART BUSINESS”
The Service may include certain communications from “BIG ART
BUSINESS”, such as service announcements, administrative messages
and newsletters. You understand that these communications shall be
considered part of using the Services. As part of our policy to provide
you total privacy, we also provide you the option of opting out from
receiving newsletters from us. However, you will not be able to opt-out
from receiving service announcements and administrative messages.
Complaints
If we receive a complaint from any person against you with respect to
your activities as part of use of the Services, we will forward the
complaint to the primary email address of your user account. You must
respond to the complainant directly within 10 days of receiving the
complaint forwarded by us and copy “BIG ART BUSINESS” in the
communication. If you do not respond to the complainant within 10 days
from the date of our email to you, we may disclose your name and
contact information to the complainant for enabling the complainant to
take legal action against you. You understand that your failure to
respond to the forwarded complaint within the 10 days’ time limit will be
construed as your consent to disclosure of your name and contact
information by “BIG ART BUSINESS” to the complainant.
Fees and Payments
The Services are available under subscription plans of various durations.
Payments for subscription plans of duration of less than a year can be
made only by Credit Card. Your subscription will be automatically
renewed at the end of each subscription period unless you downgrade
your paid subscription plan to a free plan or inform us that you do not
wish to renew the subscription. At the time of automatic renewal, the
subscription fee will be charged to the Credit Card last used by you. We
provide you the option of changing the details if you would like the
payment for the renewal to be made through a different Credit Card. If
you do not wish to renew the subscription, you must inform us at least
seven days prior to the renewal date. If you have not downgraded to a
free plan and if you have not informed us that you do not wish to renew
the subscription, you will be presumed to have authorized “BIG ART
BUSINESS” to charge the subscription fee to the Credit Card last used
by you. Please check below to know about our Refund Policy.
From time to time, we may change the price of any Service or charge for
use of Services that are currently available free of charge. Any increase
in charges will not apply until the expiry of your then current billing cycle.
You will not be charged for using any Service unless you have opted for
a paid subscription plan.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall
not: (i) transfer the Services or otherwise make it available to any third
party; (ii) provide any service based on the Services without prior written
permission; (iii) use the third party links to sites without agreeing to their
website terms & conditions; (iv) post links to third party sites or use their
logo, company name, etc. without their prior written permission; (v)
publish any personal or confidential information belonging to any person
or entity without obtaining consent from such person or entity; (vi) use
the Services in any manner that could damage, disable, overburden,
impair or harm any server, network, computer system, resource of “BIG
ART BUSINESS”; (vii) violate any applicable local, state, national or
international law; and (viii) create a false identity to mislead any person
as to the identity or origin of any communication.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your
transmissions through the Services. You agree not to use the Services
for illegal purposes or for the transmission of material that is unlawful,
defamatory, harassing, libelous, invasive of another's privacy, abusive,
threatening, harmful, vulgar, pornographic, obscene, or is otherwise
objectionable, offends religious sentiments, promotes racism, contains
viruses or malicious code, or that which infringes or may infringe
intellectual property or other rights of another. You agree not to use the
Services for the transmission of "junk mail", "spam", "chain letters",
“phishing” or unsolicited mass distribution of email. We reserve the right
to terminate your access to the Services if there are reasonable grounds
to believe that you have used the Services for any illegal or unauthorized
activity.
Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive
for a continuous period of 120 days. In the event of such termination, all
data associated with such user account will be deleted. We will provide
you prior notice of such termination and option to back-up your data. The
data deletion policy may be implemented with respect to any or all of the
Services. Each Service will be considered an independent and separate
service for the purpose of calculating the period of inactivity. In other
words, activity in one of the Services is not sufficient to keep your user
account in another Service active. In case of accounts with more than
one user, if at least one of the users is active, the account will not be
considered inactive.
Data Ownership
We respect your right to ownership of content created or stored by you.
You own the content created or stored by you. Unless specifically
permitted by you, your use of the Services does not grant “BIG ART
BUSINESS” the license to use, reproduce, adapt, modify, publish or
distribute the content created by you or stored in your user account for
“BIG ART BUSINESS”’s commercial, marketing or any similar purpose.
But you grant “BIG ART BUSINESS” permission to access, copy,
distribute, store, transmit, reformat, publicly display and publicly perform
the content of your user account solely as required for the purpose of
providing the Services to you.
User Generated Content
You may transmit or publish content created by you using any of the
Services or otherwise. However, you shall be solely responsible for such
content and the consequences of its transmission or publication. Any
content made public will be publicly accessible through the internet and
may be crawled and indexed by search engines. You are responsible for
ensuring that you do not accidentally make any private content publicly
available. Any content that you may receive from other users of the
Services, is provided to you AS IS for your information and personal use
only and you agree not to use, copy, reproduce, distribute, transmit,
broadcast, display, sell, license or otherwise exploit such content for any
purpose, without the express written consent of the person who owns
the rights to such content. In the course of using any of the Services, if
you come across any content with copyright notice(s) or any copy
protection feature(s), you agree not to remove such copyright notice(s)
or disable such copy protection feature(s) as the case may be. By
making any copyrighted/copyrightable content available on any of the
Services you affirm that you have the consent, authorization or
permission, as the case may be from every person who may claim any
rights in such content to make such content available in such manner.
Further, by making any content available in the manner aforementioned,
you expressly agree that “BIG ART BUSINESS” will have the right to
block access to or remove such content made available by you if “BIG
ART BUSINESS” receives complaints concerning any illegality or
infringement of third party rights in such content. By using any of the
Services and transmitting or publishing any content using such Service,
you expressly consent to determination of questions of illegality or
infringement of third party rights in such content by the agent designated
by “BIG ART BUSINESS” for this purpose.
For procedure relating to complaints of illegality or infringement of third
party rights in content transmitted or published using the Services,
Check below
If you wish to protest any blocking or removal of content by “BIG ART
BUSINESS”, you may do so in the manner provided , Check Below.
Sample files and Applications
“BIG ART BUSINESS” may provide sample files and applications for the
purpose of demonstrating the possibility of using the Services effectively
for specific purposes. The information contained in any such sample files
and applications consists of random data. “BIG ART BUSINESS” makes
no warranty, either express or implied, as to the accuracy, usefulness,
completeness or reliability of the information or the sample files and
applications.
Trademark
“BIG ART BUSINESS”, “BIG ART” , mybigcrm logo, the names of
individual Services and their logos are trademarks of “BIG ART
BUSINESS pvt ltd”. You agree not to display or use, in any manner, the
“BIG ART BUSINESS” trademarks, without “BIG ART BUSINESS”’s
prior permission.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF
THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE
PROVIDED ON AN AS-IS- AND-AS- AVAILABLE BASIS. “BIG ART
BUSINESS” EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. “BIG ART
BUSINESS” MAKES NO WARRANTY THAT THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF
ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE
OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND
RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE,
WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF
THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO
ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL,
OBTAINED BY YOU FROM “BIG ART BUSINESS”, ITS EMPLOYEES
OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT “BIG ART BUSINESS” SHALL, IN NO EVENT, BE
LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,
SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER
OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR
OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR
INABILITY TO USE THE SERVICE, EVEN IF “BIG ART BUSINESS”
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN
NO EVENT SHALL “BIG ART BUSINESS”’S ENTIRE LIABILITY TO
YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR
INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH
SERVICE.
Indemnification
You agree to indemnify and hold harmless “BIG ART BUSINESS”, its
officers, directors, employees, suppliers, and affiliates, from and against
any losses, damages, fines and expenses (including attorney's fees and
costs) arising out of or relating to any claims that you have used the
Services in violation of another party's rights, in violation of any law, in
violations of any provisions of the Terms, or any other claim related to
your use of the Services, except where such use is authorized by “BIG
ART BUSINESS”.
Arbitration
Any controversy or claim arising out of or relating to the Terms shall be
settled by binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association. Any such
controversy or claim shall be arbitrated on an individual basis, and shall
not be consolidated in any arbitration with any claim or controversy of
any other party. The decision of the arbitrator shall be final and
unappealable. The arbitration shall be conducted in California and
judgment on the arbitration award may be entered into any court having
jurisdiction thereof. Notwithstanding anything to the contrary, “BIG ART
BUSINESS” may at any time seek injunctions or other forms of equitable
relief from any court of competent jurisdiction.
Suspension and Termination
We may suspend your user account or temporarily disable access to
whole or part of any Service in the event of any suspected illegal activity,
extended periods of inactivity or requests by law enforcement or other
government agencies. Objections to suspension or disabling of user
accounts should be made to sales@mybigcrm.com within thirty days of
being notified about the suspension. We may terminate a suspended or
disabled user account after thirty days. We will also terminate your user
account on your request.
In addition, we reserve the right to terminate your user account and deny
the Services upon reasonable belief that you have violated the Terms
and to terminate your access to any Beta Service in case of unexpected
technical issues or discontinuation of the Beta Service. You have the
right to terminate your user account if “BIG ART BUSINESS” breaches
its obligations under these Terms and in such event, you will be entitled
to prorated refund of any prepaid fees. Termination of user account will
include denial of access to all Services, deletion of information in your
user account such as your email address and password and deletion of
all data in your user account.
END OF TERMS OF SERVICE
If you have any questions or concerns regarding this Agreement, please
contact us at sales@mybigcrm.com
Additional Terms and Conditions
The following Terms of Use apply to Your use of this Network. You are
solely responsible for Your conduct and Your content on the Network
and compliance with these terms. By registering with us and/or using or
browsing this Network, You acknowledge that you have read,
understood, and agree to be bound by these terms. This Network is not
directed to anyone younger than 13 and is offered only to users 13 years
of age or older. Any person who provides their personal information
through this Network represents that they are 13 years of age or older.
Purpose
The domain https://www.mybigcrm.com is an online portal which
provides a platform for assisting students in understanding ideas,
concepts, and themes required to excel in academic courses.
This document is an electronic record in terms of Information
Technology Act, 2000 and rules there under as applicable and the
amended provisions pertaining to electronic records in various
statutes as amended by the Information Technology Act, 2000.
This electronic record is generated by a computer system and
does not require any physical or digital signatures.
Changes
“BIG ART BUSINESS” reserves the right, in its sole discretion, to
modify the Terms without further notice and at any time. You are
responsible for checking these Terms of Use periodically to remain
in compliance with these terms. Your use of a Site after any
amendment to the Terms of Use shall constitute your acceptance
of these terms and you also agree to be bound by any such
changes/revisions. The Terms apply exclusively to access to, and
use of, “BIG ART BUSINESS” and they do not alter the conditions
of any other agreement with “BIG ART BUSINESS” for products,
services, or otherwise. “BIG ART BUSINESS” also reserves the
right to suspend / cancel, or discontinue any or all channels,
products or service at any time without notice, make modifications
and alterations in any or all of the content, products and services
contained on the site without prior notice. Such changes will be
posted to http://www.”BIG ART BUSINESS”.com. For your
reference and convenience so as to enable you to understand your
responsibility as a user.
Charges
There is no charge or fee for registering, browsing and
downloading information on the Site. However, “BIG ART
BUSINESS” reserves the right to charge subscription and / or
membership fees or charge for additional services from a user, by
giving reasonable prior notice, in respect of any product, service or
any other aspect of this Site. In particular, we may at our sole
discretion introduce new services and modify some or all of the
existing services offered on the Website. Changes to the fee and
related policies shall automatically become effective immediately
once implemented on the Website. Unless otherwise stated, all
fees shall be quoted in Indian Rupees. You shall be solely
responsible for compliance with all applicable laws including those
in India for making payments to us.
Privacy Policy
Users of “BIG ART BUSINESS” should refer to “BIG ART
BUSINESS”’s Privacy Policy for information about how “BIG ART
BUSINESS” uses, collects and may disclose information to third
parties.
Eligibility
Through participation in “BIG ART BUSINESS” Services, users
ensure that (a) all information submitted to “BIG ART BUSINESS”
is true and accurate; (b) the accuracy of such information will be
maintained; (c) participants are at least thirteen (13) years of age;
and (d) use of the “BIG ART BUSINESS” Services does not
breach any applicable law or regulation.
Individual Registration, Access, and Exchange of Information
For certain services such as upload/download documents, reply to
a discussion, add events, etc. registration by the user is required.
To register for these services You have to open an account by
completing the registration process (i.e. by providing us with
current, complete and accurate information as prompted by the
applicable registration form). You also will choose a password
along with an email id and/or a user name. You are entirely
responsible for maintaining the confidentiality of your password
and account. By registering, you agree to the terms of use in
addition to any other specific terms which shall be posted at an
appropriate location of the Site. Each registration is for a single
individual user only.To access these services, You will be asked to
enter your individual Email Id and Password, as chosen by You
during your registration. Therefore, we do not permit any of the
following:-
o Any other person sharing your account and Password;
o Any part of the Site being cached in proxy servers and
accessed by individuals who have not registered with “BIG
ART BUSINESS” as users of the Site; or
o Access to a single account and Password being made
available to multiple users on a network.
If “BIG ART BUSINESS” reasonably believes that an account
and Password is being used / misused in any manner, shall
reserve the right to cancel access rights immediately without
notice, and block access to all users from that IP address
Furthermore, You are entirely responsible for any and all activities
that occur under your account. You agree to notify “BIG ART
BUSINESS” immediately of any unauthorized use of your account
or any other breach of security. “BIG ART BUSINESS” will not be
liable for any loss that you may incur as a result of someone else
using your password or account. However, you could be held liable
for losses incurred by “BIG ART BUSINESS” or another party due
to someone else using your account or password.
Although the administrators and moderators of “BIG ART
BUSINESS” will attempt to keep all objectionable messages off
this site, it is impossible for us to review all messages. All
messages express the views of the author, and neither the owners
of “BIG ART BUSINESS”, (and developers of “BIG ART
BUSINESS”) will be held responsible for the content of any
message. The owners of “BIG ART BUSINESS” reserve the right
to remove, edit, move or close any content item for any reason.
User information
In the course of Your use of the Site, you may be asked to provide
certain information about yourself to the “BIG ART BUSINESS”
(“User Information”). Information and collection policies with
respect to such User Information are set forth in the Site’s Privacy
Policy. You acknowledge and agree that you are solely
responsible for the accuracy and content of the User Information.
You may enter a valid phone number while registering on the site.
You will be given an option to receive to prohibit using your phone
numbers to initiate any promotional phone calls or SMS.
By agreeing to these rules you permit “BIG ART BUSINESS” to
add your email to the newsletter subscription list. You also permit
“BIG ART BUSINESS” to send regular email newsletters on your
registered email id.
By agreeing to these rules you also permit “BIG ART BUSINESS”
to add your mobile number to the SMS subscription list. You also
permit “BIG ART BUSINESS” to send regular SMS alerts on your
registered mobile number.
Termination
Users may terminate membership at any time for any reason by
following the instructions at the profile screen. Cessation of
membership will end access to “BIG ART BUSINESS”, including
opportunities to post more Content and profit from the distribution
of any Content provided. Previously posted Content will remain on
“BIG ART BUSINESS” unless “BIG ART BUSINESS”, in its sole
discretion, decides to remove it. Even after membership ends, all
Terms will remain in effect.
Content and Use
All information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials (“Content”), whether
publicly or privately transmitted / posted, is the sole responsibility
of the person from where such content is originated (the
Originator). Originators who upload any Content on the Site grants
“BIG ART BUSINESS” a perpetual, irrevocable, royalty-free, non-
exclusive, worldwide right and license (with the unrestricted right to
grant sublicenses) to post, copy, reproduce, modify, alter,
translate, publish, distribute, download, perform, display, transmit
and otherwise use such Content in any format or medium for any
purpose whatsoever, including, but not limited to, commercially
profiting therefrom. Uploading permits any other user of “BIG ART
BUSINESS” to access, view, display, download, store, print and
otherwise use such Content. License to “BIG ART BUSINESS” is
(a) sub-licensable, so “BIG ART BUSINESS” can use affiliates and
subcontractors (like internet content delivery networks and service
partners and collaborators) to provide some or all “BIG ART
BUSINESS” Services, (b) worldwide (because the Internet and the
“BIG ART BUSINESS” Services have global reach) and (c)
perpetual, so it continues even after you cessation of membership.
By Posting any Content, you warrant and represent that (a) you
are the copyright owner of such Content, or that the copyright
owner of such Content has granted you permission to use such
Content consistent with the manner and purpose of your use and
as otherwise permitted by these Terms of Use and the Services,
(b) you have the rights necessary to grant the licenses and
sublicenses described in these Terms of Use. You represent that
you have valid rights and title in any and all Content that you
submit on the Site, that you have not infringed on any IPR
belonging to any party and further that you will indemnify “BIG ART
BUSINESS” or its affiliates for all claims arising out of any content
that you post on the Site. Posting/uploading of any information or
material, which is harmful, defamatory, obscene, pornographic,
libelous, invasive of another’s privacy, profane, hateful, or racially,
ethnically objectionable, disparaging, or otherwise unlawful in any
manner is prohibited and any person found to be involved in such
activity on this website will solely be liable for actions under the
applicable laws.
You agree to pay for all royalties, fees, and any other monies
owing to any third party for any Content provided by you to “BIG
ART BUSINESS”.
“BIG ART BUSINESS” assumes no liability for any material
provided by Originator, which may contain material that is
inaccurate, incomplete, inappropriate, offensive or sexually explicit.
“BIG ART BUSINESS” does not review, edit or evaluate the
accuracy of information provided by the Originators. Misuse of any
of the services provided on “BIG ART BUSINESS” by any user or
Originator should be immediately reported to “BIG ART
BUSINESS” at info@the”BIG ART BUSINESS”.com. “BIG ART
BUSINESS” reserves the right in its sole discretion to remove all
Content posted by any user, or to restrict, suspend or terminate
access to all or any part of the “BIG ART BUSINESS” Services at
any time, for any or no reason, with or without prior notice and
without liability. Use of the “BIG ART BUSINESS” service is
subject to all applicable local, state, national laws and regulations
and, in some cases, international treaties. Users are solely
responsible for all activities, acts, and omissions that occur in,
from, through or under their usernames or passwords.
Intellectual Property and Proprietary rights
Unless otherwise stated, all documents (including the organization
and presentation of such material) included in this website (the
“Documents”) are the property of “BIG ART BUSINESS” and its
licensors and may be protected by intellectual property laws
including laws relating to copyrights, trademarks, trade-names,
internet domain names, and other similar rights. The Documents
many not be uploaded, sold or redistributed through any other
mediums, specifically other websites, which are available to of the
public. You agree not to use any framing techniques to enclose
any trademark or logo or other proprietary information of “BIG ART
BUSINESS”; or remove, conceal or obliterate any copyright or
other proprietary notice or any credit line or dateline on other mark
or source identifier included in the Site / Service, including without
limitation, the size, color, location or style of all proprietary marks.
Any infringement shall be vigorously defended and pursued to the
fullest extent permitted by law.
You hereby agree to comply with all copyright laws worldwide in
Your use of this Site and to prevent any unauthorized copying of
the Materials. Further, “BIG ART BUSINESS” owns all technical
notes, code, programs, specifications, documentation, and other
information, tangible and intangible property, proprietary
information, work products, trademarks, trade secrets, copyrights,
derivative works, and any other intellectual property prepared for,
appearing on or in connection with operation and performance of
the Site. “BIG ART BUSINESS” does not grant any express or
implied rights under any patents, trademarks, copyrights or trade
secret information to any third party or user of the Site, and “BIG
ART BUSINESS” is the owner and/or authorized user of any and
all intellectual property or proprietary information appearing on the
Site unless otherwise indicated. Except as otherwise provided
herein, use of the Site does not grant to You a license to any
content, features, or materials You may access the Site. Any
commercial use of the Site is strictly prohibited, except as allowed
herein or otherwise approved by us. You may not download or
save a copy of any of the content or the screens except as
otherwise provided in the General Terms for any purpose. If you
violate this provision, You may violate intellectual property and
other laws and may be subject to liability for such unauthorized
use. “BIG ART BUSINESS” does not grant any license or
authorization to any user of our intellectual property or proprietary
information by including them on the Site.
You also agree and acknowledge that any ideas, concepts,
methods, systems, designs, plans, techniques, or other similar
materials that you submit or otherwise communicate to the Site is
assigned to “BIG ART BUSINESS” and may be used royalty-free
by “BIG ART BUSINESS” in any manner, including without
limitation to use, reproduce, modify, edit, adapt, publish, translate,
create derivative works from, distribute, perform, display, and/or to
incorporate it in other works in any form, media, technology now
known or later developed. You also warrant that any and all “moral
rights” in this material have been waived.
Limited Permission to Copy
“BIG ART BUSINESS” grants you permission to only access and
make personal educational use of the Site and You agree not to,
directly or indirectly download or modify / alter / change / amend /
vary / transform / revise / translate / copy / publish / distribute or
otherwise disseminate any content on “BIG ART BUSINESS”’s
Site / Service, or any portion of it; or delete or fail to display any
promotional taglines included in the Site / Service either directly or
indirectly, except with the express consent of “BIG ART
BUSINESS”. However, you may print or download extracts from
these pages for your personal / individual, non-commercial use
only. You must not retain any copies of these pages saved to disk
or to any other storage medium except for the purposes of using
the same for subsequent viewing purposes or to print extracts for
personal / individual use.
“BIG ART BUSINESS” forbids you from any attempts to resell or
put to commercial use any part of the Site; any collection and use
of any product listings, descriptions, or prices; any derivative use
of the Site or its contents; any downloading or copying of account
information for the benefit of any other merchant; any renting,
leasing, or otherwise transferring rights to the Site / Service;
displaying the name, logo, trademark or other identifier of another
person (except for “BIG ART BUSINESS” or you) in such a
manner as to give the viewer the impression that such other
person is a publisher or distributor of the Service on the Site, or
any data gathering or extraction tools; or any use of meta tags.
You may not (whether directly or through the use of any software
program) create a database in electronic or structured manual
form by regularly or systematically downloading and storing all or
any part of the pages from this site.
No part of the Site may be reproduced or transmitted to or stored
on any other website, nor may any of its pages or part thereof be
disseminated in any electronic or non-electronic form, nor included
in any public or private electronic retrieval system or service
without prior written permission. Requests to republish “BIG ART
BUSINESS”’s material for distribution should be addressed to “BIG
ART BUSINESS” at info@the”BIG ART BUSINESS”.com.
Content Posted
“BIG ART BUSINESS” reserves the right to delete any Content
that in its sole discretion breaches these Terms, is not up to quality
standards or which may be offensive, illegal, violate the rights,
harm, or threaten the safety of any person. “BIG ART BUSINESS”
is not responsible for monitoring the “BIG ART BUSINESS”
Services for inappropriate Content or conduct. “BIG ART
BUSINESS” assumes no responsibility for Content, no obligation
to modify or remove inappropriate Content and no responsibility for
the conduct of any user submitting such Content.
Originators alone are responsible for the Content they post on or
through any “BIG ART BUSINESS” Services, for any material or
information transmitted to other Originators and for their
interactions with other Originators. “BIG ART BUSINESS” does not
endorse or control anybody’s content. Content is not reviewed by
“BIG ART BUSINESS” before posting and does not reflect “BIG
ART BUSINESS”’s opinions or policies.
You agree and acknowledge “BIG ART BUSINESS” may, at its
sole discretion, monitor, remove or edit any content that You
contribute and disclose any information as necessary or
appropriate to satisfy any law, regulation, or other governmental
requests, to operate the Site properly, or to protect the “BIG ART
BUSINESS”.
Third party content
The Site may make products and information of third parties
available, including books, articles, analyst reports, news reports
and other data from external sources (the “Third Party Content”).
You acknowledge and agree that the Third Party Content is not
created or endorsed by “BIG ART BUSINESS”. The provision of
Third Party Content is for general informational purposes only and
does not constitute a recommendation or solicitation to purchase
or sell any securities or shares or to make any other type of
investment or investment decision. You acknowledge that the
Third Party Content provided to You is obtained from sources
believed to be reliable, but that no guarantees are made by “BIG
ART BUSINESS” or the providers of the Third Party Content as to
its truthfulness, accuracy, completeness, timeliness. You agree not
to hold “BIG ART BUSINESS”, any business offering products or
services through the Site or any provider of Third Party Content
liable for any investment decision or other transaction You may
make based on Your reliance on or use of such data, or any
liability that may arise due to delays or interruptions in the delivery
of the Third Party Content for any reason.
By using any Third Party Content, You may leave this Site and be
directed to an external website, or to a website maintained by an
entity other than “BIG ART BUSINESS”. If You decide to visit any
such site, You do so at Your own risk, and it is Your responsibility
to take all protective measures to guard against viruses or any
other destructive elements. “BIG ART BUSINESS” makes no
warranty or representation regarding, and does not endorse, any
linked websites or the information appearing thereon or any of the
products or services described thereon. Links do not imply that
“BIG ART BUSINESS”, its affiliates, or this Site sponsor, endorses,
is affiliated, is associated with, or is legally authorized to use any
trademark, trade name, logo, copyright symbol, or other intellectual
property or proprietary information displayed on, in, or accessible
through the links, or that any linked site is authorized to use any
trademark, trade name, logo, copyright symbol, or other intellectual
property or proprietary information of “BIG ART BUSINESS” or any
of its affiliates or subsidiaries. You hereby expressly acknowledge
and agree that the linked sites are not under the control of “BIG
ART BUSINESS”, and “BIG ART BUSINESS” is not responsible
for the contents of any linked site or any link contained in a linked
site, or any changes or updates to such sites. “BIG ART
BUSINESS” is not responsible for webcasting or any other form of
transmission received from any linked site. “BIG ART BUSINESS”
is providing these links, if any, to You only as a convenience, and
the inclusion of any link shall not be construed to imply
endorsement by “BIG ART BUSINESS” in any manner.
In the event of the user clicking a link that directs it to a third Part
Link to purchase a product, “BIG ART BUSINESS” is neither
responsible for any non-performance or breach of any contract
entered into between Users and such Third Party nor make any
representation or Warranty as to the attributes (such as quality,
worth, marketability, etc.) of the products or services proposed to
be sold or offered to be sold by such Third Party seller or
purchased by the buyer, on the Website. You are advised to
independently verify the bona fides of any particular Third Party
that you choose to deal with on the Website and use your best
judgment in that behalf. “BIG ART BUSINESS” accepts no liability
for any errors or omissions, whether on behalf of itself or its Sellers
or third parties.
“BIG ART BUSINESS” does not at any point of time during any
transaction between user and the Third Party seller on the Website
come into or takes possession of the product(s) or service(s)
offered by such Third Party seller nor does it at any point gain title
to or have any rights or claims over the products or services
offered by seller to buyer. “BIG ART BUSINESS” shall not and is
not required to mediate or resolve any dispute or disagreement
between Users.
“BIG ART BUSINESS” is not responsible for the non-delivery,
unsatisfactory or delayed performance of services or damages or
delays as a result of items which are out of stock, back ordered or
otherwise unavailable. All items are offered only for a restricted
time and only for the available supply. It is the sole responsibility of
the Third Party Vendor to dispatch the Product to the User
(depending on the Product or Offer Price). Any request for
cancellations of orders once duly placed on the site, shall not be
entertained.
In the event that a non-delivery occurs on account of a mistake by
you (i.e. wrong name or address) any extra cost towards re-
delivery shall be claimed from the User placing the order.
Shipment/delivery time of order processing starts from the day of
receipt of the payment/COD (Cash on Delivery) confirmed against
the order placed with “BIG ART BUSINESS”. The Shipment
/Delivery time is an approximate time mentioned by the Third Party
vendor against each product. “BIG ART BUSINESS” shall not be
liable for any delay / non-delivery of purchased goods by the Third
Party Vendors, flood, fire, wars, acts of God or any cause that is
beyond the control of “BIG ART BUSINESS”.
Notwithstanding anything contained herein “BIG ART BUSINESS”
acts only as booking agent to facilitate / integrate transactions
between the Users / Buyers and Third Party Sellers through
various platforms (online web store, print ads, call center, mail-
order catalogues, SMS. etc.) for various Third Party Vendors and
shall in no way be responsible for any quality of product,
replacement, damages, additional cost, losses, expenses and/or
taxes incurred by Users qua the products. In no event shall “BIG
ART BUSINESS”, its directors, officials, representatives and
employees are liable for any damages relating to products sold
through its various platforms.
Content Prohibited
You shall not host, display, upload, modify, publish, transmit,
update or share any information on the Site, that:
a) belongs to another person and to which you do not have any
right to;
b) is grossly harmful, harassing, blasphemous, defamatory,
obscene, pornographic, paedophilic, libelous, invasive of another’s
privacy, hateful, or racially, ethnically objectionable, disparaging,
relating or encouraging money laundering or gambling, or
otherwise unlawful in any manner whatever;
c) harm minors in any way;
d) infringes any patent, trademark, copyright or other proprietary
rights;
e) violates any law for the time being in force;
f) deceives or misleads the addressee about the origin of such
messages or communicates any information which is grossly
offensive or menacing in nature;
g) impersonate another person
h) contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of
any computer resource;
i) Threatens the unity, integrity, defense, security or sovereignty of
India, friendly relations with foreign states, or public order or
causes incitement to the commission of any cognizable offense or
prevents investigation of any offense or is insulting any other
nation.
j) involves the transmission of “junk mail,” “chain letters,” or
unsolicited mass mailing, instant messaging, “spimming,” or
“spamming”;
k) contains restricted or password only access pages or hidden
pages or images (those not linked to or from another accessible
page);
l) solicits passwords or personal identifying information for
commercial or unlawful purposes from other persons;
m) includes a photograph of another person without that person’s
consent;
n) conduct any contests or publish or propagate any forwards;
o) advertise or offer to sell or buy any goods or services for any
business purpose;
p) contribute any content or take any action that may in any
manner adversely affect the reputation of “BIG ART BUSINESS” or
that is otherwise detrimental to “BIG ART BUSINESS”.
Activity Prohibited
Below is a non-exhaustive list of activities that are illegal or
prohibited on “BIG ART BUSINESS” through the use of the “BIG
ART BUSINESS” services:
a) criminal or tortuous activity, including child pornography, fraud,
trafficking in obscene material, drug dealing, gambling,
harassment, stalking, spamming, spimming, sending of viruses or
other harmful files, copyright infringement, patent infringement, or
theft of trade secrets;
b) advertising to, or soliciting of, any user to buy or sell any
products or services through the “BIG ART BUSINESS” Services;
c) covering or obscuring the banner advertisements on your
personal profile page, or any “BIG ART BUSINESS” page using
HTML/CSS or any other means;
d) interfering with, disrupting, or creating an undue burden on the
“BIG ART BUSINESS” Services or the networks or services
connected to the “BIG ART BUSINESS” Services;
e) attempting to impersonate another person;
f) selling or otherwise transferring a user profile;
g) create a false identity for the purpose of misleading others;
h) deface or vandalize this Site, or prevent or restrict others from
using this Site;
i) using any information obtained from “BIG ART BUSINESS”
Services to harass, abuse or harm “BIG ART BUSINESS” , any
another person or any third party;
j) distorting or seeking (individually or in conspiracy with others) to
distort of falsify the outputs of “BIG ART BUSINESS” systems or
processes designed to determine how many Publishers use your
Content or how well Publishers rate your Content. Such distortion
or efforts to cause distortion may constitute fraud, attempted fraud
or conspiracy to commit fraud.
k) post irrelevant content, repeatedly post the same or similar
content or otherwise impose an unreasonable or disproportionately
large load on the Network’s infrastructure;
l) attempt to gain unauthorized access to our computer systems or
engage in any activity that disrupts, diminishes the quality of,
interferes with the performance of, or impairs the functionality of,
this Network;
m) use this Network as a generic file hosting service;
n) take any action that may undermine the feedback or rating
systems (such as displaying, importing or exporting feedback
information off of this Network or for using it for purposes unrelated
to this Network);
o) develop, invoke, or utilize any code to disrupt, diminish the
quality of, interfere with the performance of, or impair the
functionality of this Network;
p) Illegal and/or unauthorized use of the “BIG ART BUSINESS”
Services, including collecting information about Originators by any
means in order to send unsolicited email and/or unauthorized
framing of, or linking to “BIG ART BUSINESS”, is prohibited;
q) You agree not to use or launch any automated system,
including, without limitation, “robots,” “spiders,” “offline readers,”
etc., that accesses “BIG ART BUSINESS” and/or the “BIG ART
BUSINESS” Services in a manner that sends more request
messages to its servers in a given period of time than a human
can reasonably produce in the same period by using a
conventional on-line web browser. However, “BIG ART
BUSINESS” does allow operators of public search engines to use
spiders to copy materials from “BIG ART BUSINESS” for the sole
purpose of creating publicly available searchable indices of the
materials but prohibits the creation of archives of such materials.
Users agree not to collect any personally identifiable information,
including account names, from “BIG ART BUSINESS”.
Copyright Policy
You agree that they will not (using the “BIG ART BUSINESS”
Services) post, modify, distribute or reproduce in any way any
copyrighted material, trademarks or other proprietary information
(“Intellectual Property”) belonging to others without obtaining the
prior written consent of the owner of such proprietary rights. “BIG
ART BUSINESS” will terminate membership privileges of any user
who infringes the Intellectual Property of others upon receipt of a
notice to “BIG ART BUSINESS” by or for the rights owner.
Exchange of Information through Community Discussion Forums
and other services
You represent that you are a responsible and shall be solely
responsible for all Content that you upload post or otherwise
transmit. “BIG ART BUSINESS” endeavors to provide a web
platform for various community interactions for persons to interact
and exchange views with each other. The content posted on such
services is by the general public, therefore, the accuracy, integrity
or quality of such content cannot be guaranteed. You understand
that by using such services, you may be exposed to objectionable
matter.
By using the facility of community services you agree not to
upload, post, or otherwise transmit any matter or views, which are,
defamatory, abusive, pervasive, obscene, invasive of another’s
privacy, hateful, or racially, ethnically or otherwise objectionable.
You may also not indulge in cyber stalking, become or create a
nuisance for any visitor / user of the Site. You may not send,
submit, post, or otherwise transmit, material or messages that
contain software virus, or any other files that are designed to
interrupt, destroy, and negatively affect in any manner whatsoever,
any electronic equipment in connection with the use of this Site, or
other user’s ability to engage in real-time exchanges.
Disclaimers
“BIG ART BUSINESS” is not responsible for any incorrect or
inaccurate Content posted in connection with the “BIG ART
BUSINESS” services, whether caused by Originators of the “BIG
ART BUSINESS” services or by any of the equipment or
programming associated with or utilized in the “BIG ART
BUSINESS” services. “BIG ART BUSINESS” does not guarantee
that any Content is correct and accurate and is not responsible for
any errors or omissions or for any consequences of the use of
such information.
Profiles created and posted by Originators on “BIG ART
BUSINESS” may contain links to other websites. “BIG ART
BUSINESS” is not responsible for the Content, accuracy or
opinions expressed on such websites and inclusion of any linked
website on the “BIG ART BUSINESS” Services does not imply
approval or endorsement of the linked website by “BIG ART
BUSINESS”. Access third-party sites at your own risk. “BIG ART
BUSINESS” takes no responsibility for third party advertisements
which are posted on “BIG ART BUSINESS” nor does it take any
responsibility for the goods or services provided by its advertisers.
“BIG ART BUSINESS” is not responsible for the conduct, whether
online or offline, of any user. “BIG ART BUSINESS” assumes no
responsibility for any error, omission, interruption, deletion, defect,
delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access to, or alteration of, and
any communication. “BIG ART BUSINESS” is not responsible for
any problems or technical malfunction of any telephone network or
lines, computer online systems, servers or providers, computer
equipment, software, or failure of any email due to technical
problems or traffic congestion on the Internet or on any of the “BIG
ART BUSINESS” Services or combination thereof, including any
injury or damage to any person’s computer related to or resulting
from participation or downloading materials in connection with the
“BIG ART BUSINESS” Services. Under no circumstances shall
“BIG ART BUSINESS” be responsible for any loss or damage
resulting from use of the “BIG ART BUSINESS” Services,
attendance at a “BIG ART BUSINESS” event, from any Content
posted on or through the “BIG ART BUSINESS” services
(including, without limitation, from any use of or reliance on any
such Content) or from the conduct of any Originators of the “BIG
ART BUSINESS” services, whether online or offline. The “BIG
ART BUSINESS” services are provided “AS-IS” and as available
and “BIG ART BUSINESS” expressly disclaims any warranty of
fitness for a particular purpose or non-infringement. “BIG ART
BUSINESS” cannot guarantee and does not promise that the “BIG
ART BUSINESS” services will always be available and neither can
it guarantee nor promise any specific results from use of the “BIG
ART BUSINESS” Services and in particular does not promise that
Users educational exam or course work grades will improve
thereby.
The site may contain inaccuracies and typographical and clerical
errors. “BIG ART BUSINESS” expressly disclaims any
obligation(s) to update this site or any of the materials on this site.
“BIG ART BUSINESS” does not warrant the accuracy or
completeness of the materials or the reliability of any advice,
opinion, statement or other information displayed or distributed
through the site. You acknowledge that any reliance on any such
opinion, advice, statement, memorandum, or information shall be
at your sole risk. “BIG ART BUSINESS” reserves the right, in its
sole discretion, to correct any errors or omissions in any portion of
the site. “BIG ART BUSINESS” may make any other changes to
the site, the general terms, the materials and the products,
programs, services or prices (if any) described in the site at any
time without notice. This site is for informational purposes only and
should not be construed as technical advice of any manner.
No Warranties
This site, the information and materials on the site, and any
software made available on the site, are provided “as is” without
any representation(s) and/or warranty(s), express and/or implied,
of any kind, including, but not limited to, warranties of
merchantability, non-infringement, or fitness for any particular
purpose. There is no warranty of any kind, express and/or implied,
regarding third party content. In spite of “BIG ART BUSINESS”’s
best endeavors, there is no warranty on behalf of “BIG ART
BUSINESS” that this Site and its Content, materials, product
(including software) or services included on or otherwise made
available to You through the Website; their servers; or electronic
communication sent from us are free of viruses. Some jurisdictions
do not allow the exclusion of implied warranties, so the above
exclusions may not apply to you.
Limitation on Liability
In no event shall “BIG ART BUSINESS” be liable to users or any
third party for any indirect, consequential, exemplary, incidental,
special or punitive damages, including lost profit damages arising
from the use of the services, even if “BIG ART BUSINESS” has
been advised of the possibility of such damages. notwithstanding
anything to the contrary contained herein, “BIG ART BUSINESS”’s
liability to users for any cause whatsoever and regardless of the
form of the action, will at all times be limited to the amount paid, if
any, by users to “BIG ART BUSINESS” for the “BIG ART
BUSINESS” services up to the date when the cause of action first
arises.
Limitation of damages
In no event shall “BIG ART BUSINESS” or any of its subsidiaries
or affiliates be liable to any entity for any direct, indirect, special,
consequential or other damages (including, without limitation, any
lost profits, business interruption, loss of information or programs
or other data on your information handling system) that are related
to the use of, or the inability to use, the content, materials, and
functions of this site or any linked website, even if “BIG ART
BUSINESS” is expressly advised of the possibility of such
damages.
Disputes
If there is any dispute about or involving the “BIG ART BUSINESS”
Services, participants agree that the dispute shall be governed by
the laws of the shall be governed by the local laws of Pune,
Maharashtra, INDIA, without regard to its conflict of laws
provisions and by visiting this Site you hereby accept that the
jurisdiction for any and all dispute(s) arising out of or in connection
with the present Policy shall be litigated and/or settled in the local
courts in Pune, Maharashtra, INDIA only.
Indemnity
You agree to indemnify and hold “BIG ART BUSINESS” its
subsidiaries, and affiliates, and their respective officers, agents,
partners and employees, harmless from any loss, liability, claim, or
demand, including reasonable attorneys’ fees, made by any third
party due to or arising out of use of the “BIG ART BUSINESS”
Services in violation of this Agreement and/or arising from a
breach of this Agreement and/or any breach of users’
representations and/or warranties set forth above and/or if any
Content posted on “BIG ART BUSINESS” or through the “BIG ART
BUSINESS” services causes “BIG ART BUSINESS” to be liable to
another.
Other
These Terms and the Privacy Policy are accepted upon use of any
“BIG ART BUSINESS” Services. These Terms and the Privacy
Policy constitute the entire agreement between the user and “BIG
ART BUSINESS” for use of the “BIG ART BUSINESS” Services.
The failure of “BIG ART BUSINESS” to exercise or enforce any
right or provision of these Terms and the Privacy Statement shall
not operate as a waiver of such right or provision. The section titles
in these Terms are for convenience only and have no legal or
contractual effect. “BIG ART BUSINESS” is a valuable trademark
of “BIG ART BUSINESS” Services, Pune for which there are
trademark registrations and/or applications for such registrations in
a number of territories. These Terms and Privacy Statement
operate to the fullest extent permissible by law. If any provision of
these Terms and/or Privacy Statement is unlawful, void or
unenforceable, that provision is deemed severable from these
Terms and/or Privacy Statement and does not affect the validity
and enforceability of any remaining provisions.
Copyright Violation Claims
If the party asserting rights (“Complaining Party”) would like to
submit a copyright claim for material on which you hold a bona fide
copyright, “BIG ART BUSINESS” requests that the Complaining
Party substantiate such claim by providing “BIG ART BUSINESS”
with the following information via email to sales@mybigcrm.com .
The words “Copyright Claim” should appear in the subject line. A
copyright claim can also be submitted by mail to:
Big Art Business Pvt Ltd
Address
Big Art Business Pvt Ltd
2802, Ashwood, Acme Ozone, Khewara Circle,
Manpada, Thane , Mumbai -INDIA - 400610.
Phone Number - +91 9869232679 | +91 8870839840.
Email : sales@mybigcrm.com
To be considered effective, a notification of a claimed copyright
infringement must be provided to “BIG ART BUSINESS” and must
include the following information:
a) An electronic signature of the copyright owner or a person
authorized to act on behalf of the owner, of an exclusive copyright
that has allegedly been infringed.
b) Identification of the copyrighted work claimed to have been
infringed, or if multiple copyrighted works at a single online site are
covered by a single notification, a representative list of such works
on that site.
c) Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or
access to which is to be disabled, and information reasonably
sufficient to permit “BIG ART BUSINESS” to locate the material.
d) Information reasonably sufficient to permit “BIG ART
BUSINESS” to contact the Complaining Party, such as an address,
telephone number, and, if available, an electronic mail address at
which the Complaining Party may be contacted.
e) A statement that the Complaining Party has a good faith belief
that use of the material in the manner complained of is not
authorized by the copyright owner, its agent or the law.
f) A statement that the information in the notification is accurate,
and under penalty of perjury, that the Complaining Party is the
owner, or is authorized to act on behalf of the owner, of an
exclusive right that is allegedly infringed.
g) For Copyright Claims, upon receipt of appropriate notification
from the Complaining Party, “BIG ART BUSINESS” will remove or
disable access to the material that is claimed to be infringing.
h) If the Complaining Party provides “BIG ART BUSINESS” with
appropriate notification including information reasonably sufficient
to permit “BIG ART BUSINESS” to locate and remove or disable
the material in question, or includes information concerning repeat
infringement, then “BIG ART BUSINESS” will forward the
Complaining Party’s written notification to such alleged infringer
(“Infringer”) and shall take reasonable steps promptly to notify the
Infringer that it has removed or disabled access to the material.
Counter Notification Policy
If a user has received a notice of copyright or trademark
infringement, he/she may provide a counter notification (“Counter
Notification”) by emailing sales@mybigcrm.com , and including
the following:
a) An electronic signature.
b) Identification of the material that has been removed or to which
access has been disabled and the location at which the material
appeared before it was removed or access to it was disabled.
c) A statement under penalty of perjury that he/she has a good
faith belief that the material was removed or disabled as a result of
mistake or misidentification of the material to be removed or
disabled.
d) User name, address, and telephone number, and a statement
that the Infringer consents to the jurisdiction of the Pune
e) Upon receipt of a Counter Notification, “BIG ART BUSINESS”
shall promptly provide the Complaining Party with a copy of the
Counter Notification, and inform such Party that it will replace the
removed material or disable access to it.
Repeat Infringers
It is “BIG ART BUSINESS”’s policy to provide for the termination,
in appropriate circumstances, of “BIG ART BUSINESS” customers
and account holders who repeatedly violate this policy or are
repeat infringers of copyrighted works, trademarks or any other
intellectual property.
Headings
The headings in the Agreement are descriptive only and in the
event of a conflict between a heading and the underlying terms of
this Agreement, the terms of these Terms shall control.
Entire Agreement
You agree that these Terms including the policies and agreements
it refers to (i.e. our Privacy Policy) constitute the complete and only
Agreement between the user and “BIG ART BUSINESS” regarding
the Services contemplated herein.
Severability
You agree that these Terms are severable. If any part of these
Terms are determined to be unenforceable or invalid, that part of
the agreement will be interpreted in accordance with applicable
law as closely as possible, in line with the original intention of both
parties to the Agreement. The remaining terms and conditions of
the Agreement will remain in full force and effect.
Waiver
The failure of “BIG ART BUSINESS” to enforce any of the
provisions of these Terms or its incorporated agreements and
policies against users or others shall not be construed to be a
waiver of the right of “BIG ART BUSINESS” thereafter to enforce
such provisions.
Force Majeure
“BIG ART BUSINESS” will make every effort to keep “BIG ART
BUSINESS” operational. However, certain technical difficulties and
other factors outside of its control may, from time to time, result in
temporary service interruptions. Users agree not to hold “BIG ART
BUSINESS” liable for any of the consequences of such
interruptions.
No Third Party Beneficiaries
Nothing in this Agreement, express or implied, is intended to
confer upon any third party any rights, remedies, obligations, or
liabilities under or by reason of these Terms, except as expressly
provided in this Agreement.
Business relationships
“BIG ART BUSINESS” has business relationships with many
customers, suppliers, governments, and others. For convenience
and simplicity, words like joint venture, partnership, and partner
are used to indicate business relationships involving common
activities and interests, and those words may not indicate precise
legal relationships.
Link Exchange
We welcome links to the Website. You may establish a hypertext
link to the Website, provided that the link does not state or imply
any sponsorship or endorsement of your site by “BIG ART
BUSINESS”. You must not use on your site or in any other manner
any trademarks, service marks or any other materials appearing
on the Website, including any logos or characters, without our
express written consent and the owner of the mark or materials.
You must not frame or otherwise incorporate into another third
party website or present in conjunction with or juxtaposed against
such a website any of the content or other materials on the
Website without our prior written consent.
Contests
Contests may from time to time, conduct contests/competitions. If
you participate in contests/competitions, you will do so in
accordance with the rules and regulations laid down for the same.
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What is OUR refund policy?
What is your refund policy?
“BIG ART BUSINESS”'s Customer Satisfaction Policy
At “BIG ART BUSINESS” we strive to create quality software that you
enjoy using for your business or professional life. You have a number
of choices and we appreciate you giving us your business. Thank You.
We have created this policy that details what we will do should we fail
to meet your expectations.
FREE TRIAL . If at anytime during your One Month FREE Trial using
our service you are dissatisfied, please contact us. We will do our best
to address your issue, provide a work around or give a timeline for a
solution that will meet your needs.
Annual Subscriptions. “BIG ART BUSINESS” doesn't force you into
an annual subscription as a condition to use our services. We prefer to
give you the FREE TRIAL TO USE first, to choose. If at anytime during
your first 45 days using our service you are dissatisfied, please contact
us. We will do our best to address your issue, provide a work around or
give a timeline for a solution that will meet your needs. If you are not
satisfied, we will gladly offer you a FULL REFUND for your purchase,
and downgrade your account to the free plan.
Auto-Renewal. For your convenience, your monthly and yearly
subscriptions will auto-renew until you cancel the service. Every time
before your subscription auto-renews, we will send a mail specifying
the amount that will be charged to your credit card. Similarly, after each
renewal we will send you a receipt via e-mail specifying the amount that
has been deducted together with the next renewal date and the next
renewal amount.
We know that sometimes customers forget to cancel an account they
no longer want until it is has already been charged. That's why you can
cancel your monthly/annual subscription even five business days
after your renewal date, and we will still process your cancellation and
give you a FULL REFUND.
Exception to our Refund Policy
Please note that we will not entertain a request for refund (FULL or
PRO-RATED) when we have suspended or terminated your access to
“BIG ART BUSINESS” Services due to a violation of our Terms and
Conditions.
Complaint Procedure
If you believe that content on any of the “BIG ART BUSINESS” services
has violated your copyright or other intellectual property right, please
write to our Designated Agent providing the following information:
1. an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property right
alleged to be infringed
2. a description of the copyrighted work or other intellectual property that
you claim to have been infringed;
3. identification of the material that you claim to be infringing including
information regarding its location that would enable it to be located and if
possible the URL of such infringing material;
4. information that would enable us to contact you, such as your address,
telephone number, and email address (if available);
5. a statement by you to the effect that you believe in good faith that the
use of the infringing material in the manner complained of is not
authorized by the copyright or intellectual property owner, its agent, or
the law;
6. a statement by you, under penalty of perjury, that the above information
contained in your communication is accurate and that you are authorized
to act on behalf of the owner of copyright or other intellectual property
right;
Your notice with the above information to be effective should be sent to
our Designated Agent for notice of claims of infringement of copyright
and intellectual property rights at the following address
Big Art Business Pvt Ltd
Address
Big Art Business Pvt Ltd
2802, Ashwood, Acme Ozone, Khewara Circle,
Manpada, Thane , Mumbai -INDIA - 400610.
Phone Number - +91 9869232679 | +91 8870839840.
Email : sales@mybigcrm.com
Please take note that if you knowingly misrepresent that any material or
activity is infringing, you may be subject to liability under Section 512(f)
of the Copyright Act.
Counter-notice Procedure
If you are a subscriber and you feel that material posted by you on any
of the “BIG ART BUSINESS” services has been wrongly removed,
please write to our Designated Agent providing the following information:
1. your physical or electronic signature;
2. identification of material posted by you that has been removed, or to
which access has been disabled and the location at which the material
appeared before it was removed or access to it was disabled;
3. a statement by you, under penalty of perjury that you believe in good
faith that the material was removed or disabled as a result of mistake or
wrong identification of the material to be removed or disabled;
4. your name, address, email and telephone number, and a statement to
the effect that you consent to the jurisdiction of Federal District Court,
within the jurisdiction of which your address is located, or if your address
is outside the United States, the Federal District Court, having
jurisdiction over the place of business of the service provider “BIG ART
BUSINESS” Corporation and that you will accept service of process from
the person who provided notification of infringement or his agent.
Your counter-notice with the above information to be effective should be
sent to our Head Office for notice of claims of infringement of copyright
and intellectual property rights at the following address
Big Art Business Pvt Ltd
Address
Big Art Business Pvt Ltd
2802, Ashwood, Acme Ozone, Khewara Circle,
Manpada, Thane , Mumbai -INDIA - 400610.
Phone Number - +91 9869232679 | +91 8870839840.
Email : sales@mybigcrm.com
