Welcome to the Mybig3 website ("Website"), a site owned by Mybig Three Enterprise (Mybig3).
The following terms and conditions ("Terms and Conditions") apply to your access and use of this Website and the services provided herein by Mybig3 and/or on its behalf. By accessing any page of this Website and/or using the services, you agree to be bound by these Terms and Conditions without limitation or qualification. Please read these Terms and Conditions carefully.
If you do not accept these Terms and Conditions, please discontinue your access to this Website and/or use of the services immediately.
All products and services of the Website are subject to the applicable terms and conditions governing the products and/or services. Please check the applicable terms and conditions of sale associated with the products and/or services you may purchase.
These Terms and Conditions are meant to regulate your access to this Website and they are to be read together with the applicable terms and conditions governing any transaction(s), product(s) and/or service(s) provided on this Website. In the event of conflict between these Terms and Conditions and the terms and conditions governing the relevant transaction(s), product(s) and/or service(s) provided herein, the latter would prevail.
The information, functions and content provided in the pages of the Website may be changed from time to time with or without notice at Mybig3's absolute discretion. Your continued access or use of the Website and/or the services provided herein subsequent to any such change will be deemed as your acceptance to those changes.
2. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The information in this Website, including but not limited to services, products, information, data, text, graphics, audio, video, links or other items, are provided on an "as is" and "as available" basis. References to information contained in the Website provided by third parties.
Mybig3 does not make any express or implied warranties, representations or endorsements including but not limited to any warranties of title, non-infringement, merchantability, usefulness, operation, completeness, accuracy, satisfactory quality, reliability, fitness for a particular purpose in respect of the Website, the information and/or functions therein and expressly disclaims liability for errors and omissions in such information and/or functions. Without derogation of the above and/or the terms and conditions of the applicable agreements governing all the products and services of the Website, reasonable measures will be taken by Mybig3 to ensure the accuracy and validity of all information relating to transactions and products and services of the Website.
Further Mybig3 does not warrant or represent that access to the whole or part(s) of this Website, the information and/or functions contained therein will be provided uninterrupted or free from errors or that any identified defect will be corrected, or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system.
Mybig3 will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
3. ELECTRONIC COMMUNICATIONS
When you visit the Website or send e-mails to Mybig3, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail and/or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are owned and/or licensed by Mybig3 and/or its content supplier and are protected by copyright, trademarks and other laws. The compilation of all content on this Website is the exclusive property of Mybig3 and is protected by copyright laws. All software used on this Website is the property and/or licensed to Mybig3 and is protected by copyright and other laws.
All trademarks, service marks, and logos displayed on this Website are owned and/or licensed by their respective third party proprietors as identified on the Website.
Unless the prior written consent of the Mybig3 and/or the relevant third party proprietor(s) of any of the trademarks, service marks or logos appearing on the Website has been obtained, no license or right is granted to any party accessing this Website to use, download, reproduce, copy or modify such trademarks, service marks or logos. Similarly, unless the prior written consent of the Mybig3 and/or the relevant proprietor(s) has been obtained, no such trademarks, service marks or logos may be used as a link or to mark any link to the Website or any other site owned and/or controlled by Mybig3.
6. LICENSE AND WEBSITE ACCESS
Mybig3 grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Mybig3. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Mybig3. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mybig3 and/or its relevant third party proprietor without express written consent. You may not use any metatags or any other "hidden text" utilizing Mybig3 's name or trademarks without the express written consent of Mybig3. Any unauthorized use terminates the permission or license granted by Mybig3.
7. EXCLUSION OF LIABILITY
Mybig3 herein shall in no event be liable for any loss or damage howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss profits or savings arising in connection with your access or use or the inability to access or use this Website (or any third party link to or from the Website), reliance on the information contained on the Website, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise. This exclusion clause shall take effect to the fullest extent permitted by law.
You hereby irrevocably agree to indemnify and keep indemnified Mybig3 from all liabilities, claims, losses and expenses, including any legal fees that may be incurred by Mybig3 in connection with or arising from (1) your use or misuse of this Website and the services provided herein, or (2) your breach of these Terms and Conditions howsoever occasioned, or (3) any intellectual property right or proprietary right infringement claim made by a third party against Mybig3 in connection with your use of this Website.
9. WEBSITE LINKS
10. YOUR ACCOUNT
If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Mybig3 reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
You are solely responsible for maintaining the confidentiality of your login name and password to any other person.
You are responsible for the use of your account, whether or not authorized by you.
You shall immediately notify Mybig3 if it comes to your knowledge that your password has been compromised or there has been unauthorized use of your account.
Mybig3 shall not be liable for any damage or loss of any kind suffered by you as a result of unauthorized use of your login name and password.