Terms + Conditions

PLEASE TAKE A FEW MINUTES TO REVIEW THESE TERMS AND CONDITIONS ("TERMS"). THESE TERMS APPLY TO YOUR ACCESS AND USE OF THE BIGBANGART.COM WEBSITE, ALL OTHER WEBSITES, MOBILE SITES, SERVICES, APPLICATIONS, PLATFORMS AND OTHER TOOLS WHERE THESE TERMS APPEAR OR ARE OTHERWISE REFERENCED, OR FOR WHICH NO SEPARATE TERMS ARE PROVIDED AS WELL AS TO YOUR VISITS TO OR INTERACTION WITH US IN ANY OF OUR STORES OR ELSEWHERE (COLLECTIVELY, THE "SITE"). YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW THESE TERMS AND TO BE BOUND BY THEM. IF YOU DO NOT ACCEPT THESE TERMS, THEN PLEASE DO NOT USE THE SITE.

Who We are

As used in the Terms and on the Site, "Big Bang Art, Inc" refers to Big Bang Art, Inc. or BBA, with headquarters located at 4730 South Fort Apache, #300, Las Vegas, NV USA. If you have any questions about these Terms, the Privacy Policy or the Site, you may contact us via the Customer Service information provided on the Site.

These Terms and Conditions May Change

We reserve the right to update or modify these T erms at any time, upon notice to you in writing to the last address provided, by email, by posting on the Site or by any other reasonable means of communication. We also reserve the right, at any time, to modify or update our Privacy Policy in the same manner. You confirm your acceptance of the modifications or updates by continuing to use the Site.

Eligibility

You must be at least 13 years old to use the Web Site or our mobile applications. If you are under the age of majority in your state of residence (a minor) your parent or legal guardian must agree to these Terms and Conditions on your behalf and you may only access and use the Web Site and our mobile applications with permission from your parent or legal guardian.

Your Account

You may be required to register with us in order to access certain services or areas of the Site. Our Privacy Policy explains how we protect and use your information. If you create an account, your username and password are f or your personal use only and you are responsible for maintaining the confidentiality of your account information (including your password) and f or restricting access to your account. You agree to accept responsibility f or all activities that occur under your account or password. In addition to all other rights
available, We reserve the right, in our sole discretion, to terminate your account, refuse service to you, or cancel orders.

Your Shipping and Processing

Our shipping and processing charges are intended to compensate us f or the cost of processing your order, handling and packing the products you purchase and delivering them to you. We encourage you to also review detailed information about our shipping and processing fees. available, We reserve the right, in our sole discretion, to terminate your account, refuse service to you, or cancel orders.

Intellectual Property

T he Site, including all of its information and contents such as photographs, images, text, data, wallpapers, icons, characters, artwork, graphics, page layout, f orm, music, sound, messages, software and the code used to generate the pages on the Site (collectively, the "Materials"), is the property of Big Bang Art, Inc. or that of our authorized suppliers or licensors, and is protected by intellectual property and other applicable laws in the United States and/or abroad. Our intellectual property is registered in the United States and abroad. Except as otherwise provided on the Site or in these T erms, you may not download, upload,
copy, print, display, reproduce, publish, license, post, distribute, or otherwise use any Materials from the Site in whole or in part f or any public or commercial purpose without specific prior written permission f rom Big Bang Art, Inc. We are the owner and/or authorized user of the Big Bang Art brand as well as any other registered or unregistered trademarks, trade names, logos, designs, titles and product names appearing on the Site, and are the copyright owner or licensee of the Materials on the Site, unless otherwise indicated. You
may not use any metatags or any other "hidden text" utilizing any of our names or trademarks without our express written consent.

Use of the Site

We grant you a personal, limited, non -exclusive, nontransferable license to access and make personal use of the Site and the Materials and other information contained on the Site. T his license does not include any resale or commercial use of the Site; any collection and commercial use of any photographs or other Materials published on the Site; any non -personal use of our product names, listings, descriptions, or prices; any derivative use of the Site; any downloading, copying, or other use of the Site or t he Materials f or the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. You may use the Site only as permitted by law. All rights not expressly granted to you in these Terms are reserved and retained by us and/or our suppliers and licensors. The licenses granted by us to you automatically terminate if you do not comply with these Terms.

You are responsible f or your use of the Site, and f or any use of the Site made using your
account. Our goal is to create a positive, useful, and safe user experience. T o promote this
goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When
you use the Site, you may not:
• violate any law or regulation;
• violate, infringe, or misappropriate other people's intellectual property, privacy, publicity,
or other legal rights;
• post or share anything that is illegal, abusive, harassing, harmful to reputation,
pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• engage in spidering or harvesting, or participate in the use of software, including spyware,
designed to collect data from the Web Site or mobile applications;
• transmit any viruses or other computer instructions or technological means whose purpose
is to disrupt, damage, or interfere with the use of computers or related systems;
• use any means to scrape or crawl any pages contained in the Site;
• attempt to circumvent any technological measure implemented by us or any of our
providers or any other third party (including another user) to protect the Site;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software or
other underlying code used to provide the Site; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

User Content

The Site may allow you to upload, submit, store, send, or receive content and data such ascomments, reviews and photos ("User Content"). You may also submit User Content in theother ways that you interact with us such as through social media, by email, by phone, andotherwise. You retain ownership of any intellectual property rights that you hold in that UserContent.

When you upload, post, submit, send, or receive any user content to or through the site, You give us permission to reproduce and use your User Content as follows: You give it to us. and those we work with a licence to use, host, store, reproduce, modify, create derivatives, works (for example, translations, adaptations, or other changes we make to User Content) public performance, public display, and distribution of your User His licence is for the purposes of operating and improving the Site, as well as developing new products. other marketing purposes, including but not limited to catalogs, email and other customer communications, and studio materials. "We may display advertisements in connection with your user content or on pages where your user content It may be viewed by you or others, and we may use your User Content to advertise. promote Big Bang Art, Inc. or the site. Our licence to you and your user content is non-exclusive. That is, you may use the User Content for your own purposes or allow others to use your User Content. content for their purposes. His licence is fully paid and royalty-free, so we owe him nothing. Is there anything else in connection with our use of your User Content? "We may exercise our rights under this licence anywhere in the world. Lastly, this licence is perpetual, meaning Our rights under this licence continue even after you stop using the Site. You promise that?

• you own all rights to your user content or have the authority to grant us those rights

the aforementioned rights; and

• Your User Content does not violate any intellectual property, privacy, or publicity rights.

rights, or other legal rights of any third party.

We may use it to accept or transmit user content for any reason with or without notice. The Site reserves the right to remove User Content for any reason, with or without notice.

Copyright Policy

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that
a work on the Site constitutes copyright infringement, please provide a written communication with the following information to Our Designated Agent named below:

• Your address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located on the Site including a
hyperlink to such location;
• A statement by you that you have a good faith belief that the disputed use is not authorized
by you, the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of
the copyright interest; and
• A statement by you, made under penalty of perjury, that the above information is accurate
and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Our Designated Agent f or notice of claims of copyright infringement can be reached at:
Big Bang Art. Inc. Legal Department
4730 South Fort Apache, #300, Las Vegas, NV USA

Legal@bigbangart.com
For clarity, only copyright infringement notices should go to our Designated Agent. You acknowledge that if you f ail to comply with all of the requirements of this section, your notice may not be valid.
If you believe the content that was removed (or to which access was disabled) is not inf ringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter -notice to the address listed above containing the following information:
• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled
and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as
a result of mistake or a mis-identification of the content; and
• Your name, physical address, telephone number, and e -mail address, a statement that you
consent to the jurisdiction of the federal court in Las Vegas, Nevada, and a statement that
you will accept service of process from the person who provided notification of the alleged
infringement.
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disallowed. If we receive such a notification, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

Open Source

The Site may allow you to upload, submit, store, send, or receive content and data such ascomments, reviews and photos ("User Content"). You may also submit User Content in theother ways that you interact with us such as through social media, by email, by phone, andotherwise. You retain ownership of any intellectual property rights that you hold in that UserContent.

Hyperlinks to other Sites

To the extent that our site contains hyperlinks to outside services and resources over which Big Bang Art, Inc. has no control, any concerns about any such service or resource, or any hyperlink to it, should be directed to the specific outside service or resource.

Disclaimer

HIS SIT E AND ALL CONTENT AVAILABLE ON HIS SIT E ARE PROVIDED "AS IS." and on an "as available" basis without warranties of any kind, without her EXPRESS, IMPLIED, STATUTE, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO TITLE WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR IF FOR A SPECIFIC PURPOSE OR THOSE ARISING OUT TO THE F ULLEST EXTENT OF A COURSE OF DEALING OR USE OF T RADE, ALLOWED BY APPLICABLE LAWTHE MOST EXTENSIVE EXTENT PERMITTED BY BY USING HIS SITE, YOU ACKNOWLEDGE AND AGREE Your use is at your sole risk. You assume full responsibility. For all costs associated with all necessary servicing or repairs of Use any equipment associated with your use, and T HAT BIG BANG ART, INC. AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, AND SUCCESSORS SUBSIDIARIES, AF FILIATES, AGENTS, AND LICENSORS ("AFFILIATES") SHALL NOT BE OR ANY OTHER DAMAGES RELATED TO YOUR USE OF HIS WEBSITE OR OUR PHONE APPLICATIONS.

BIG, IN PARTICULAR AND TO THE F ULLEST EXTENT PERMITTED BY APPLICABLE LAW, Bang Art, Inc. and its affiliates make no representations or warranties. Concerning the Accuracy Or Completeness Of The Content Available On Or THROUGH THE SITE, OR THE SITE'S CONTENT, OR ONLINE SERVICES LINKED TO THE SITE T O OR INT EGRAT ED WIT H T HE SIT E. T O T HE F ULLEST EXT ENT PERMI TTED BY BIG BANG ART, INC. AND ITS AFFILIATES WILL HAVE NO LIABILITY UNDER APPLICABLE LAW. (a) CONTENT ERRORS, MISTAKES, OR INACCURACIES; (b) PERSONAL INFORMATION Injuries or property damage resulting from your access to or use of (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF OUR CONTENTS (d) ANY INACCURACY OF (e) ANY BUGS, VIRUSES, T ROJAN HORSES, AND SO ON OR THE LIKE, WHICH COULD BE T RANSMITT ED ONOR THROUGH SIT E BY ANY Third Party; or (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THIS AGREEMENT. Any content posted or shared on the site may be used.

IN NO CASE WILL BIG BE LIABLE TO YOU OR ANY THIRD PARTY IF BANG ART, INC. OR ITS AFFILIATES ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING INDIRECT LOSS OF PROFIT, REVENUE, OR DAT A) RESULTING FROM OF OR IN ANY WAY CONNECTED WITH THE SIT E OR MOBILE APPLICATIONS, AND WHICHEVER CAUSE OF ACTION OR THEORY OF LIABILITY IS BROUGHT
(INCLUDING UNDER ANY CONT RACT, NEGLIGENCE, OR OT HER T ORT T HEORY OF EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY)

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent permitted by applicable law, we disclaim any and all warranties. warranty or limit our liability, the scope and duration of such warranty, and the scope and duration of our liability Liability will be limited to the bare minimum allowed by law.

Product Pricing Information

The prices displayed on our site may differ from those that are available in stores or in catalogs, and our pricing may differ from store to store. If you are in the U.S. or Canada, visit Prices will be displayed in U.S. dollars. Elsewhere, site prices will generally be displayed in the local currency. The prices displayed in our printed catalogues are quoted in U.S. dollars. and are valid and effective only in the U.S.

"Suggested Price" or "Sugg. Price" refers to the manufacturer's suggested retail price for full-priced products. retail price recommendation"Our Price" refers to the everyday value price we offer our F or sale products (identified by pricing in red), "Suggested Price" or "Sugg. "List Price" refers to the most recent selling price. "Sale" refers to the reduced price we are of service to our customers.

Special Offers

Occasionally, we will offer special promotions to our customers that we refer to as "special of fers", or "special offer". This can include a gift with purchase, free shipping, manufacturer's of coupons, or other promotional activity associated with a product purchase. Such offers may be for a limited time only.

Inaccuracy Disclaimer

From time to time, there may be information on our site or in our catalogue that contains product specifications, pricing, and availability. Big Bang Art, Inc. reserves the right to correct any errors. inaccuracies or omissions, as well as the right to change or update information at any time without notice. notice (including after you have submitted your order). If you do not wish to continue your If you made a purchase after pricing or other information has been corrected, please contact us right away. and we will work with you to cancel or return your order.

T o the fullest extent permitted by applicable law, you agree to indemnify and hold harmlessBig Bang Art, Inc. and its Affiliates f rom and against any and all claims, costs, proceedings,demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising f rom or relating to, any actual or alleged breach of these T erms by you or anyone using your account. If we assume the def ense of such a matter, you will reasonably cooperate with us in such defense.

Indemnification

Arbitration Agreement & Waiver of Certain Rights

You and Big Bang Art, Inc. agree that, except as set forth below, we will resolve any Disputes between us (including any disputes between you and a Big-branded third-party agent) Bang Art, Inc.) through binding and final arbitration instead of through court proceedings. You and Big Bang Art, Inc. hereby waive any right to a jury trial of any claim (defined below). Any and all disputes, controversies, claims, counterclaims, or other disagreements that may arise between you and Big Bang Art, Inc. or you and a third-party agent of Big Bang Art, Inc. (a "Claim") will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules")). The arbitration will be heard and determined. by a single arbitrator. The arbitrator's decision in any such arbitration will be final and This agreement is binding upon the parties and may be enforced in any court of competent jurisdiction. T he The parties agree that the arbitration proceedings will be kept confidential and that the existence Any element of the proceeding and any element of it (including, without limitation, any pleadings, briefs or Other documents submitted or exchanged, as well as any testimony or oral submissions This will not be disclosed beyond the arbitration proceedings, except as may lawfully be judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of security regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law applies to this agreement. However, the arbitrator, and not any federal, state, or local court or The agency shall have the exclusive authority to resolve any dispute relating to the These terms' interpretation, applicability, enforceability, or formation, including but not limited to limited to, a claim that all or any part of these terms is void or voidable.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Big Bang Art, Inc. will pay as much of the administrative costs and arbitrator's fees required f or the arbitration as the arbitrator deems necessary to prevent t he cost of the arbitration from being prohibitive. In the f final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you or Big Bang Art, Inc. from seeking action. by federal, state, or local government agencies. You and Big Bang Art, Inc. also have the The ability to file qualifying claims in small claims court.In addition, you and Big Bang Art, Inc. We retain the right to apply to any court of competent jurisdiction for provisional relief, including Any request for pre-arbitral attachments or preliminary injunctions shall be denied. deemed incompatible with these terms and conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.

Neither you nor Big Bang Art, Inc. may act as a class representative or private attorneygeneral, nor participate as a member of a class of claimants, with respect to any Claim.Claims may not be arbitrated on a class or representative basis. T he arbitrator can decideonly your and/or Big Bang Art, Inc's individual Claims. T he arbitrator may not consolidate orjoin the claims of other persons or parties who may be similarly situated.

If any provision of this section is found to be invalid or unenforceable, then that specific This provision shall be of no force and effect and shall be severed, but the remainder of this This Section will remain in full force and effect.any reason, a claim proceeds in court. Rather than in arbitration, you and Big Bang Art, Inc. each waive any right to a jury trial. No Any waiver of any provision of this Section of the Terms and Conditions will be effective or null and void. unless recorded in writing and signed by the party waiving such a right or requirement. This waiver does not waive or affect any other provision of the Terms and Conditions. Conditions. The arbitrator may award in the arbitration the same damages or other relief as available under applicable law, including injunctive and declaratory relief were brought into court on an individual basis. Nototwithstanding anything to the contrary in the For the foregoing or herein, the arbitrator may not issue a "public injunction" and any such "public An injunction"may be awarded only by a federal or state court." If either party seeks a "public "All other claims and prayers for relief must be adjudicated in arbitration first and Any request for or claim for a "public injunction" in federal or state court is stayed until the After arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. This is the section of The Terms and Conditions will survive the termination of your relationship with Big Bang Art, Inc.

 

THIS SECT ION LIMITS CERTAIN RIGHT S, INCLUDING T HE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, EXCEPT AS PROVIDED IN AAA RULES, THE RIGHT TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTION, AND THE RIGHT TO CERTAIN RELIEF MEANS AND FORMATS OR BIG BANG ART, OT HER RIGHT S T HAT YOU, INC. MAY NOT BE AVAILABLE IN ARBITRATION AS IT WOULD BE IN COURT.

Other Provisions

Any action relating to the use of the site, mobile applications, or any transaction with Big Bang Art, Inc. must be brought in the state or federal courts located in Clark County, Nevada. You consent to and submit to the personal jurisdiction of such courts for the purposes stated above. of any such action. These terms and conditions will be governed by and construed in without regard to any conflict of laws rules or provisions.f rom and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or relating to any actual or alleged breach of these terms by you or anyone using your account. If we assume the defence of such a matter, you will reasonably cooperate with us in such defense.

Under no circumstances will we be held liable for any delay or failure in performance due to to any acts of nature or other causes beyond our reasonable control, in whole or in part.

 

If any provision of these terms is found to be unlawful or unenforceable, then that provision shall be struck. will be deemed severable from these terms and will have no bearing on the enforceability of the remaining terms provisions.

We will not be prevented from enforcing any right or provision of these Terms if we fail to do so. enforcing such a right or provision in the future.

 

We may assign our rights and obligations under these terms, including in connection with a by merger, acquisition, sale of assets or equity, or by operation of law.

Accessibility

We strive to make our Site content accessible and user -friendly. If you are having difficultyviewing the content on this Site or navigating the site, please call our Customer ServiceT eam 213.916.9575 or email our team at hello@bigbangart.com, and we will be happy toassist you.

Do not sell my personal information

Your rights under the California Consumer Privacy Act

The California Consumer Privacy Act (CCPA) provides you with rights regarding how your data or
personal information is treated. Under the legislation, California residents can choose to opt out of
the “sale” of their personal information to third parties. Based on the CCPA definition, “sale” refers
to data collection for the purpose of creating advertising and other communications. Learn more
about CCPA and your privacy rights.

How to opt out

By clicking on the link below, we will no longer collect or sell your personal information. This app lies
to both third-parties and the data we collect to help personalize your experience on our website or
through other communications. For more information, view our privacy policy.

Do not sell my personal information

If you would like to review or delete the personal information we have on you, please click on
button below and fill out the form.

If you would like to review or delete the personal information we have on you, please click on button below
and fill out the form.

Requestor's Information
Full name
*
Email address
*
P hone
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Requestor's Address
Str eet Line 1
*

Str eet Line 2
City
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State
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Zip code
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Request type
*
Access - I would like to review the personal information Big Bang Art INC has on me
Delete - I would like to delete the personal information Big Bang Art INC has on me
Ver ification
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I declare under penalty of perjury that I am the individual consumer whose personal information is the subject of the request and that my primary residence is in the state of California.

I declare under penalty of perjury that I am the authorised agent of the individual whose personal

The information is the subject of the request. I understand I will be required to provide proof in writing of my status as the individual's Authorized Agent and additional information to confirm my identity.