Term of the service

Introduction

Please read the following terms and conditions carefully (hereinafter “Terms of Use”).
These are the legal terms and conditions of the service provided by Bigoom (“Bigoom”), including information, text, images, data and other material (“Contents”) and the products and services supplied on www.bigoom.com, and the software, programmes and code incorporated into www.bigoom.com (the “Service”). This Service is managed by Bigoom, and Bigoom is also indicated by the terms “we” and “our”.

By using our Service the user agrees to be bound by these Conditions (“General Conditions”), which contain the terms applicable to all users of our service, including visitors to the Bigoom website (the “website”). If a user registers as a member of our Service or buys products from the Bigoom website, he or she will be asked to check a box as a declaration of having read and accepted the terms contained in the sections “General Conditions”, and “Additional Terms”.

General Terms

1. Availability
   This Service is provided by Bigoom, which reserves the right to modify, suspend or interrupt the Service, at its sole discretion, at any time and without prior notice.
   
   
2. Privacy
   Bigoom undertakes to protect your privacy. Users are required to read the section devoted to privacy, after the section “Additional Terms”. The terms of Bigoom’s privacy policy represent an integral part of these General Conditions.
   
   
3. Trademarks
   All the trademarks, products and services used by this Service that identify Bigoom, or third parties and their products and services, are trademarks belonging to Bigoom and/or the third parties in question. There is nothing in this Service that grants any person a licence or rights to parts of Bigoom or to any image, logo or name.
   
   
4. Copyright
   All the trademarks, products and services used by this Service that identify parts of Bigoom or third parties, and their products and services, belong to Bigoom. Except where otherwise indicated, Bigoom holds all the intellectual property rights, the rights on the data of the Service and its contents. Individuals who publish works on Bigoom own the rights to the components of those works. Users may not reproduce or distribute works based on any contents taken from other works without the express written permission of Bigoom or the holder of the copyright on that work. Bigoom does not claim intellectual property rights to the works or other materials submitted to Bigoom. The user consents not to distribute any part of the Service except the contents with any other means from those permitted in these Terms of Service or by using the functions of the Service provided by us. The user consents not to alter or modify any part of the Service without express authorisation from us to do so or by using the functions of the Service provided by us.
   
   
5. Reporting breach of copyright
   Bigoom respects the intellectual property rights of others and expects the users of the Service to do likewise. Bigoom reserves the right to remove Contents submitted to the Website, close user accounts or prevent access to the Website to users who breach the intellectual property rights of others. If you believe that a breach of copyright has occurred, click on the flag icon alongside the image in question. To report an image you will need to submit your own details, and Bigoom may then pass these on to the alleged perpetrator of the breach.
   
   
6. External links
   Bigoom has the right to supply links to third party websites. The User acknowledges and accepts that Bigoom is not responsible for the availability and accuracy of such websites or resources, or the contents, products and/or services present and made available on such websites. The User acknowledges that he or she is entirely responsible for visiting such websites and accepts all risks arising from use of such websites.
   
   
7. Conduct
   The User consents not to interfere with or disrupt the Service or servers or networks connected to this Service and to comply with the requirements, procedures, policies or rules of the networks connected to this Service, and not to supply false or misleading information to Bigoom in the attempt to conceal his or her identity. The User consents to defend and safeguard Bigoom and its functionaries, directors, employees and agents from and against any form of complaint, liability, damages, losses or expenses, including and not limited to reasonable legal expenses or the expenses of experts arising from or in some way connected to access to or use of the Service, or arising from a breach of these Terms.
   
   
8. Disclaimer of warranties and limitation of liability
   BIGOOM DOES NOT OFFER ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE FUNCTIONING OF THE SERVICE OR FOR THE CONTENTS OR PRODUCTS SUPPLIED THROUGH THE SERVICE. THE USER ACCEPTS THAT USE OF THE SERVICE IS AT HIS OR HER OWN RISK. BIGOOM DOES NOT SUPPLY ANY EXPRESS OR IMPLIED WARRANTIES, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THE TERMS OF THE LAW.
   BIGOOM OFFERS NO WARRANTIES ABOUT THE SECURITY, ACCURACY, TIMELINESS OR RELIABILITY OF THE SERVICE. THE USER ACKNOWLEDGES THAT BIGOOM IS NOT RESPONSIBLE FOR ANY OFFENSIVE OR UNLAWFUL CONDUCT BY THE USER, OR SIMILAR CONDUCT BY THIRD PARTIES, AND THE USER ACCEPTS ALL THE RISKS AND RESPONSIBILITIES FOR DAMAGES ARISING FROM SUCH CONDUCT. BIGOOM IS NOT RESPONSIBLE FOR EVENTUAL DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE, INCLUDING DIRECT, INDIRECT, ACCIDENTAL OR CONSEQUENTIAL DAMAGES, OR SPECIAL, EXEMPLARY OR MORAL DAMAGES, EVEN IN THE CASE THAT BIGOOM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OCCURING. THE AFOREMENTIONED EXCLUSIONS AND LIMITATIONS APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON SOME WARRANTIES OR DAMAGES, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY. IN NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF BIGOOM TO THE USER EXCEED THE PAYMENT MADE PURSUANT TO THIS CONTRACT.
   
   
9. Modifications to the Conditions
   We reserve the right to modify these Terms of Use at any time at our sole discretion. We undertake to inform registered users of material changes in the Conditions (and the date these changes become effective), by sending an email to the address supplied to Bigoom for the account. For all other users, the new conditions will be published on the Website. Continued usage of the Website after any changes have become effective indicates that the user accepts those changes. If the user does not accept the new Terms of Use the only option is to stop using the Service.
   
   
10. General
    These Conditions represent the entire agreement between Bigoom and the user with regards to usage of the Service. No waiver of any of these rights or provisions shall be deemed a further or continuing waiver of such rights or provisions. Bigoom has the right to cede the rights and / or delegate the obligations in these Terms of Use, wholly or in part, to any other person or company. The user may not cede his or her rights or delegate his or her obligations as per these Terms of Use without prior written authorisation from Bigoom.
    Aside from the Italian Civil Code the relationship is governed by the conditions indicated below. In any case the contract is deemed to be completed in Italy and is therefore governed solely by Italian law. Any disputes regarding the contract fall under the sole jurisdiction of the Judges of the Italian State. The sole competent court of law is that of Brescia.
    
    
11. Comments
    For any comments or questions about the Service contact us by email at: help@Bigoom.com
    
    
    

    Section II: Additional Terms

12. Registration
    To register as a member of the Service or to buy products from Bigoom, you must be 18 or over. In no circumstances may minors submit Contents to the Service. The user accepts that the information he or she supplies when registering, when purchasing products and in all other cases must be true, accurate, up-to-date and complete. The user undertakes to ensure that this information is accurate and up-to-date at all times. It is particularly important to ensure that the user’s email address is up-to-date, as this is our primary mode of communication with users.
    
    
13. Password
    When a user registers as a member, he or she is asked to supply a password. The user is responsible for the ensuring the confidentiality of the password and undertakes not to reveal the password to third parties. The user accepts sole responsibility for any activity or action taken using his or her password. Bigoom must be notified immediately of any unauthorised use of a password.
    
    
14. Copyright on your Contents
    Bigoom does not lay claim to any intellectual property rights on the Contents. For the sole purpose of rendering the contents available through the Service, the User grants Bigoom a non-exclusive licence, without royalties, to reproduce, distribute, resize and sell the works, as well as to create derivative works and display these to the public. Please note that once Contents are uploaded to the Service anyone will be able to visualise or copy the content using the tools available on their computer for this purpose.
    
    
15. Monitoring of contents
    Bigoom is not able to monitor the content of all the works uploaded, published or transmitted using the Service and has no obligation to monitor the contents for whatever purpose. The user acknowledges sole responsibility for the content and material uploaded, published or transmitted using the Service.
    
    
16. Storage policy
    Bigoom reserves the option to set limits on the use of the Service, including the number of days that Contents will be stored by the Service, the maximum size of file that can be stored by the Service and the maximum disk space that can be granted to each user to store contents on the Bigoom servers.
    Bigoom also reserves the right to interrupt or suspend accounts that remain inactive for a long period of time (therefore cancelling or suspending access to the contents of that account). Without limiting the general conditions of Section 8, Bigoom has no responsibility for the cancellation or failed saving of Contents on the Service, or for being the only party responsible for creating back-ups of the Contents. The user also accepts that Bigoom reserves the right to modify its storage criteria from time to time, with or without notice.
    
    
17. Conduct
    The user accepts to be bound by Bigoom’s privacy policy and to comply with that. The user is responsible for the all the Content uploaded, downloaded, copied, distributed and visualised using the Service. Contents provided by others or made available through websites, magazines, books and other sources are protected by copyright and must not be uploaded, downloaded, copied distributed or visualised without the authorisation of the holder of the copyright. Please refer to Bigoom’s Copyright Policy for further details.
    
    The user undertakes not to use the Service:
    1. for unlawful purposes;
    2. to upload, publish or transmit any material that is obscene, offensive, blasphemous, pornographic, illegal, threatening or abusive; any material that violates the rights to publicity or privacy of others; any material that is defamatory, libellous, vulgar, or in general objectionable material of any kind or nature;
    3. to upload, publish or transmit any material that violates copyright, trademarks, patents or other intellectual property rights or any kind of moral or artistic rights, including the rights of third parties, or to facilitate the illegal distribution of content protected by copyright or illegal content:
    4. to harm minors in any way, including, but not limited to uploading Contents that represent a breach of the laws on child pornography, the laws on the sexual exploitation of children and the laws that forbid the representation of minors engaged in sexual acts or presenting any personal information regarding any child under the age of 13;
    5. to create headings or manipulate the site’s identity in any other manner with the aim of concealing the origin of Contents transmitted by means of the Service;

    6. to upload, publish or transmit any material that may damage Bigoom or any other computing system including but not limited to material that contains software viruses or other harmful or deleterious computer code, worms, data or other files or programmes destined to damage or enable unauthorised access to the Service that may cause defects, errors or the malfunctioning of the Service;
    7. for any commercial purpose, except what is expressly authorised in these Conditions;
    8. to sell access to the Service to any other website or to use the Service on another website for the primary aim of obtaining advertising or subscription income, that is not a personal blog or social network, where the main aim is to visualise the contents of Bigoom by means of hypertext link, and not to compete with Bigoom.
    
    
18. Suspension and interruption of access and account
    The user accepts that Bigoom may, at any time and without prior notice, suspend or terminate any part of the Service or refuse to fulfil any order or part of any order or suspend an account and delete any content stored on the Bigoom website.

19. Buying products through the Bigoom Service
Bigoom enables users to buy products for sale by registered users.

All payments must be made in Euros and prices may change at any time. Shipping costs will be added to your order during the check-out process, while taxes will be visible immediately. Prices do not include import duties that may be added by the country where the order is sent. Shipping times supplied are estimated.
With regards to the creation of the prints, pursuant to the terms of article 5, para.3 letter c) of Legislative Decree 185/1999, RIGHT OF WITHDRAWAL DOES NOT APPLY, as this is a case of goods which are evidently customised.

Copyright policy

Bigoom respects the rights of all artists and creatives and expects its members to do likewise, and help create a positive, constructive climate for all visitors and members of Bigoom.
The following form is provided for information only and is to be used solely as a guide. This document must not be interpreted as a legal document or professional advice, namely a substitute for the advice of a lawyer.
Starting from the assumption that almost everything on the Website, on the web, on TV, on CDs, on DVDs, in books and magazines is probably protected by copyright,

What does breach of copyright mean?

To simplify things, breach of copyright occurs when someone does certain things with a creative work that someone else has produced, without first obtaining permission. Examples of breach of copyright (and this is only a partial list) can include:

• Using a creative work by another person for commercial purposes.
• Adapting a creative work by a third party, like a book, film or photograph into a painting.
• Modifying or copying a creative work without authorisation.

How can I avoid breaching copyright?

The best way to avoid breaching copyright is to use your own ability, talent and imagination to create a completely original work. When we say ‘original’ we don’t mean having an idea that has never been used before: when it comes to authors’ rights, ‘original’ means that you have created your work without referring to or deliberately copying another work during the process. Make sure that all parts of the work, including both audio and video, are your own original creations. If you have used materials that belong to other people or companies make sure you have obtained permission of ownership or a usage licence.

What happens when Bigoom receives works that breach someone else’s copyright?

When Bigoom notices that a work breaches the authors’ rights of another artist, creative or company, it will remove that work immediately. This is a legal requirement that we will fulfil immediately, without prior notice or the option of seeking a ‘resolution’. All holders of copyright, following the procedures described in this information note on copyright, may ask Bigoom to remove content protected by copyright that another user has uploaded. If you think that a work published on Bigoom breaches copyright you can click on the flag icon located beside each image sold using our service. If you think that one of your images has been removed erroneously, you can contact our helpdesk. A member of staff will contact you to try and resolve the situation. If a user repeatedly publishes contents that violate third party copyright, that account will be terminated.

Notification of breach of copyright

This section contains the formal requirements of Copyright with respect to the rights of the holders of copyright whose contents appear on Bigoom without authorisation. To report a violation of copyright with Bigoom, the holder of the copyright or an agent acting on his or her behalf is required to submit a written communication that includes the following information:

1. The physical or digital signature of a person authorised to act on behalf of the holder of the copyright alleged to have been breached.
2. Identification of the material asserted to have been subjected to a breach of copyright or unlawful activity and that must be removed or have all access barred, and reasonably sufficient information to enable the Service provider to identify the material. To this end users are invited to supply an URL to identify the position of the image.
3. Sufficient information to enable the Service provider to contact the claimant, such as address, telephone number, and if possible, email address.
4. A declaration that the claimant asserts in good faith that the use of the material in question is not authorised by the holder of the copyright, his or her agent or the law.
5. A declaration that the information contained in the report is accurate and that the claimant is authorised to act on behalf of the owner of the copyright alleged to have been breached.

The written notification must be sent to Bigoom:
Bigoom,
f.a.o. Ruggero Frigoli
Via Sala, 88
25032 Chiari (BS)
email help@Bigoom.com

Privacy policy

This Privacy Policy applies to our Website www.bigoom.com (the ” Bigoom Website ” or “Website”). This Privacy information explains the information that we collect on our Website, how we use this information and the choices open to you.
The Bigoom Website contains links to other websites. This Privacy Policy does not apply to the practices of companies or individuals that Bigoom does not control, or other websites reached by links from the Bigoom Website. Users should consult the privacy policy of each individual website for further information. By accessing the Bigoom Website the user accepts the terms and conditions of this privacy information and is aware that our policies may change in the future, as outlined below.

What information do we collect.

In various areas of the Bigoom Website we collect “personal information” like your name, age, sex, postal address, telephone number, email address, credit card details or other information that can be used to contact you or identify you as an individual. We collect this information when you register to use the Service or if you buy a product or Service from our Website. In future we may introduce additional services or initiatives that may require entering personal information. We also collect “anonymous information” like your IP address, type of browser, the pages on the website that you visit and the adverts you click on. Your personal data is linked to your anonymous information.
Like many websites, we use “cookies” to gather information. A cookie is a small data file which is transferred to your computer and stored on the hard disk. When you visit our site the cookie identifies your computer, meaning that you don’t need to log in every time you visit the site. We can also use cookies to measure the traffic to our Website and the use of different services and features of the Website. The advertisers that appear on the Bigoom Website may put cookies on your computer and their use of the information stored on these cookies is governed by their own privacy policies. Users should visit their websites to become acquainted with this information. Advertisers and other companies do not have access to Bigoom’s cookies.
Children are not permitted to use our Website. We do not knowingly elicit or collect information from children under the age of 13.

How we use the information we collect.

We use the personal information supplied to communicate with you, to process orders for products and services, to customise the advertising and contents available on the Bigoom Website and to conduct research for internal purposes in order to improve the services we offer. If you upload material on Bigoom you automatically authorise Bigoom to use your name and personal information for advertising and promotional purposes.
If you select the option of being contacted by email, your personal information will also be used to send you information about products and service that could be of interest to you. Below you will find further information about the choices you can make when registering.
We use information not of a personal nature to identify how people use our Website. For example we collect data regarding how users interact with our adverts, the number of files that users download, and the pages that receive the most visits. By analysing this data we can improve the services we offer on our website. By using your IP address we can also identify users’ geographical locations, and we can use this information to tailor advertising to the characteristics of our users.

How we may share your information.

With the exception of the following, Bigoom does not share your personal information with third parties without your authorisation or unless we need to share this information in order to supply products or services you have requested. For example we may use third parties to deliver various products and services available on our Website, such as processing payments. When we supply personal information to third parties, we ask that they use this information solely for the purposes it is provided for.
If you see pages with another company’s logo to the fore, the information supplied (or the authorisation for use) in that part of the Website will be shared with the other company that contributes to delivering the Service. Users should visit that company’s website to consult their information.

Updating information.

You can consult the personal information that we hold on file by clicking on “your profile” on the menu “you” on your personal page. There you can correct any erroneous information. You can also modify your authorisation to receive the newsletter by email.

Printing agreement

Cost of the Service

The printing Service does not involve commission. However the free version of the Service offers a limited number of options, limiting potential earnings, as described below. To increase the benefits it is advisable to subscribe to a Bigoom PLUS account. If your PLUS account expires these benefits are automatically converted to those of a standard account.

Prices

For each print you decide to put on sale (on any medium and in any format), Bigoom presents a basic price which represents the production costs. Users with standard accounts cannot change the mark-up on the product (set by Bigoom), and will receive 60% of that mark-up as their payment. Users with PLUS accounts can decide on their own mark-up and will receive 100% of that mark-up as their payment. In both cases the end price of each product is calculated in this way:
basic price markup taxes.
This figure does not include shipping costs.

Payments to artists

Bigoom pays its artists once a month and reserves 30 days to complete payments. All orders fulfilled before the date of payment are deemed payable. If for example the date of payment is the 15th of the month, Bigoom will have 30 days to pay all the orders fulfilled before the 15th of that month.

Modifications to the printing programme

Bigoom may decide at its own discretion to change any aspect of the Service, including but not limited to the products on offer, basic prices, formats available, shipping costs and taxes.

Removing images.

It is possible to remove an image from the Service at any time and for any reason, without prejudice to existing orders for the image the user intends to remove. To block the publication of an image all the user has to do is click on the button “deactivate” under the thumbnail of the image in the personal gallery.

No liability for use made by third parties

BIGOOM SHALL NOT BE HELD LIABLE FOR DAMAGES TO THIRD PARTIES ARISING FROM THE PUBLICATION AND USE (by one or more users) OF IMAGES AVAILABLE ON THE BIGOOM WEBSITE. THIS ALSO MEANS THAT IF A PERSON OBTAINS YOUR IMAGE FROM BIGOOM AND USES IT IN A MANNER NOT AUTHORISED BY THE LICENCES GRANTED HERE, YOU MUST SEEK EXPLANATIONS AND COMPENSATION FROM THAT PERSON AND NOT FROM BIGOOM, AND THAT BIGOOM SHALL NOT BE HELD RESPONSIBLE FOR THIS UNAUTHORISED USE.