The following terms of service (these “Terms of Service”), govern your access to and use of the Big Gig website, including any content, functionality and services offered on or through www.biggigmarketplace.com (the “Site”) and Big Gig Market Place Corporation (“Big Gig,” “we” or “us”) (the Site may also refer to Big Gig itself where applicable).
This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or Big Gig’s services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Buyers are users who purchase services on the Site.
Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.
Orders are requests made by a Buyer to receive an Offer from a Seller.
Job / Jobs are services offered on the Site.
Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Job.
Orders are the formal agreement between a Buyer and Seller after a purchase was made from the Seller’s Job Page.
Sellers are users who offer and perform services through Jobs on the Site.
Some of the services on the Site are delivered physically (arts and crafts, collectable items, etc.). For these types of Jobs, Sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).
Buyers and Sellers agree to utilize Stripe to facilitate all payments between Buyers and Sellers. Utilizing Stripe means Buyers and Sellers agree to be subject to the services agreement and/or terms of Stripe, which can be found at https://stripe.com/ssa and related pages (with certain other terms appearing elsewhere on the Stripe’s site) for the United States (or an Australia analog). The dispute resolution terms of Stripe, including any arbitration provisions, shall govern the resolution of any disputes between users, but not disputes between users and Big Gig.
The services agreement and/or terms of Stripe also govern disputes between Buyers and Sellers concerning payment for Jobs or the Buyers’ or Sellers’ performance of the Job. Any such dispute is exclusively between the Buyer, Seller and Stripe. While Big Gig may facilitate communications between Buyers and Sellers, Big Gig has no liability or involvement in any such dispute. Big Gig makes no guarantee of payment for Jobs, and is not responsible for payment of any Job. Big Gig makes no guarantee of performance of services for Jobs, and is not responsible for the performance of services for Jobs.
Big Gig merely makes the Site and Site services available to enable Buyers and Sellers to find and transact directly with each other. Big Gig does not introduce Sellers to Buyers, find Jobs for Sellers, or find Sellers for Buyers. Through the Site and Site services, Sellers may be notified of Buyers that may be seeking the services they offer, and Buyers may be notified of Sellers that may offer the services they seek; at all times, however, users are responsible for evaluating and determining the suitability of any Project, Buyer or Seller on their own. If users decide to enter into a Service Contract, the Service Contract is directly between the users and Big Gig is not a party to that Service Contract.
You acknowledge, agree, and understand that Big Gig is not a party to the relationship or any dealings between Buyer and Seller. Without limitation, users are solely responsible for (a) ensuring the accuracy and legality of any user content, (b) determining the suitability of other users for a Service Contract (such as any interviews, vetting, background checks, or similar actions), (c) negotiating, agreeing to, and executing any terms or conditions of Service Contracts, (d) performing services, or (e) paying for Service Contracts or Seller Services. You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into a Service Contract with another user and for verifying any information about another user. Big Gig does not make any representations about or guarantee the truth or accuracy of any Buyer’s or Seller’s listings or other user content on the Site; does not verify any feedback or information provided by users about Sellers or Buyers; and does not vet or otherwise perform background checks on Sellers or Buyers. You acknowledge, agree, and understand that Big Gig does not, in any way, supervise, direct, control, or evaluate Sellers or their work and is not responsible for any Job, Job terms or work product. Big Gig makes no representations about and does not guarantee, and you agree not to hold Big Gig responsible for, the quality, safety, or legality of Seller services; the qualifications, background, or identities of users; the ability of Sellers to deliver Seller services; the ability of Buyers to pay for Seller services; user content, statements or posts made by users; or the ability or willingness of a Buyer or Seller to actually complete a transaction.
You also acknowledge, agree, and understand that Sellers are solely responsible for determining, and have the sole right to determine, which Jobs to accept; the time, place, manner, and means of providing any Seller services; the type of services they provide; and the price they charge for their services or how that pricing is determined or set. You further acknowledge, agree, and understand that: (i) you are not an employee of Big Gig, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance); (ii) Big Gig will not have any liability or obligations under or related to Service Contracts and/or Seller services for any acts or omissions by you or other users; (iii) Big Gig does not, in any way, supervise, direct, or control any Seller or Seller services; does not impose quality standards or a deadline for completion of any Seller services; and does not dictate the performance, methods or process Seller uses to perform services; (iv) Seller is free to determine when and if to perform Seller services, including the days worked and time periods of work, and Big Gig does not set or have any control over Seller’s pricing, work hours, work schedules, or work location, nor is Big Gig involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to Seller for a Job; (v) Seller may be paid at such times and amounts as agreed with a Buyer in a given Service Contract, and Big Gig does not, in any way, provide or guarantee Seller a regular salary or any minimum, regular payment; (vi) Big Gig does not provide Sellers with training or any equipment, labor, tools, or materials related to any Service Contract; and (vii) Big Gig does not provide the premises at which Sellers will perform the work. Sellers are free to use subcontractors or employees to perform Seller services and may delegate work on fixed-price contracts or by agreeing with their Buyers to have hourly contracts for Seller’s subcontractor(s) or employee(s). If a Seller uses subcontractors or employees, Seller further agrees and acknowledges that this paragraph applies to Big Gig’s relationship, if any, with Seller’s subcontractors and employees as well and Seller is solely responsible for Seller’s subcontractors and employees.
If a Buyer and Seller decide to accept an offer, request, order or otherwise engage in an exchange of consideration for goods and services, that constitutes a contractual relationship directly between the Buyer and Seller (a “Service Contract”). Buyer and Seller have complete discretion both with regard to whether to enter into a Service Contract with each other and with regard to the terms of any Service Contract. You acknowledge, agree, and understand that Big Gig is not a party to any Service Contract, that the formation of a Service Contract between users will not, under any circumstance, create an employment or other service relationship between Big Gig and any user or a partnership or joint venture between Big Gig and any user.
With respect to any Service Contract, Buyers and Sellers may enter into any written agreements that they deem appropriate (e.g., confidentiality agreements, invention assignment agreements, assignment of rights, etc.) provided that any such agreements do not conflict with, narrow, or expand Big Gig’s rights and obligations under the Terms of Service.
Users are responsible for complying with any local requirements. Big Gig does not assume any responsibility for any consequence of using the any suggested or example contractual terms. Any suggested or example contractual terms are not intended to and do not (a) constitute legal advice, (b) create an attorney-client relationship, or (c) constitute advertising or a solicitation of any type. Each situation is highly fact-specific and requirements vary by situation and jurisdiction and therefore any party should seek legal advice from a licensed attorney in the relevant jurisdictions. Big Gig expressly disclaims any and all liability with respect to actions or omissions based on any suggested or example contractual terms.
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails or if you encounter non-permitted usage on the Site, users can contact Big Gig’s customer support department for assistance here.
To report a violation of our Terms of Service, user misconduct, or inquiries regarding your account, please contact our customer support team.
Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our team. A warning will be sent to the user’s email address and will be displayed. Warnings can lead to your account becoming permanently disabled based on the severity of the violation.
Multiple Accounts - To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Big Gig community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to these Terms of Service is cause for permanent suspension of all accounts.
Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on the Site. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts - You may not buy or sell Big Gig accounts.
The Site, including its general layout, design and content, is exclusively owned by Big Gig and protected by copyright and trademark law. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.
Without limiting Big Gig’s other rights or remedies, we may, but are not obligated to, temporarily or indefinitely revoke access to the Site or Site services, deny your registration, or permanently revoke your access to the Site and refuse to provide any or all Site services to you if: (i) you breach the letter or spirit of any terms and conditions of these Terms of Service or any other provisions of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; or (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our users, or Big Gig or our affiliates; may be contrary to the interests of the Site or the user community; or may involve illicit or illegal activity. If your account is temporarily or permanently closed, you may not use the Site under the same account or a different account or reregister under a new account without Big Gig’s prior written consent.
You acknowledge and agree that the value, reputation, and goodwill of the Site depend on transparency of user’s account status to all users, including both yourself and other users who have entered into Service Contracts with you. You therefore agree as follows: IF BIG GIG DECIDES TO TEMPORARILY OR PERMANENTLY CLOSE YOUR ACCOUNT, BIG GIG HAS THE RIGHT WHERE ALLOWED BY LAW BUT NOT THE OBLIGATION TO: (A) NOTIFY OTHER USERS THAT HAVE ENTERED INTO SERVICE CONTRACTS WITH YOU TO INFORM THEM OF YOUR CLOSED ACCOUNT STATUS, (B) PROVIDE THOSE USERS WITH A SUMMARY OF THE REASONS FOR YOUR ACCOUNT CLOSURE. YOU AGREE THAT BIG GIG WILL HAVE NO LIABILITY ARISING FROM OR RELATING TO ANY NOTICE THAT IT MAY PROVIDE TO ANY USER REGARDING CLOSED ACCOUNT STATUS OR THE REASON(S) FOR THE CLOSURE.
User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to the Site by our users (Buyers and Sellers) is User Generated Content. Big Gig does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, Big Gig is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the Jobs, their delivery, and any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community, external research methods and common sense in choosing and accepting appropriate Jobs service offers and requests.
By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on the Site. Sellers advertising their Job online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Job and may lead to the suspension of Seller’s account.
For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Ownership and limitations: Unless clearly stated otherwise on the Seller’s Job page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the Seller expressly agrees to assign to Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the Job and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of Buyer, and Seller assigns all rights, title and interest in the delivered work, except as otherwise stated herein.
Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the Buyer.
Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to the Site, including Job texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Big Gig for no further consideration for marketing and/or other purposes.
This section discusses your agreement with Big Gig and our agreement with you about how we will resolve any disputes, including that we will both first try to resolve any dispute informally and that we both agree to use arbitration instead of going to court or using a jury if we can’t resolve the dispute informally, as detailed below.
If a dispute arises between you and Big Gig or our affiliates, our goal is to resolve the dispute quickly and cost-effectively. Accordingly, you, Big Gig, and our affiliates agree to resolve any claim, dispute, or controversy that arises out of or relates to these Terms of Service, your relationship with Big Gig (including without limitation any claimed employment with Big Gig or one of our affiliates or successors), the termination of your relationship with Big Gig, or the Site services (each, a “Claim”) in accordance with this section (sometimes referred to as the “Arbitration Provision”).
Claims covered by this Arbitration Provision include, but are not limited to, all claims, disputes, or controversies between you and Big Gig including but not limited to those arising out of or relating to these Terms of Service, any payments or monies you claim are due to you from Big Gig or our affiliates or successors, trade secrets, unfair competition, false advertising, consumer protection, privacy, compensation, classification, minimum wage, seating, expense reimbursement, overtime, breaks and rest periods, termination, discrimination, retaliation or harassment and claims arising under the Defend Trade Secrets Act of 2016, Civil Rights Act of 1964, Rehabilitation Act, Civil Rights Acts of 1866 and 1871, Civil Rights Act of 1991, the Pregnancy Discrimination Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for claims for employee benefits under any benefit plan sponsored by the Company and (a) covered by the Employee Retirement Income Security Act of 1974 or (b) funded by insurance), Affordable Care Act, Genetic Information Non-Discrimination Act, Uniformed Services Employment and Reemployment Rights Act, Worker Adjustment and Retraining Notification Act, Older Workers Benefits Protection Act of 1990, Occupational Safety and Health Act, Consolidated Omnibus Budget Reconciliation Act of 1985, False Claims Act, state statutes or regulations addressing the same or similar subject matters, and all other federal or state legal claims arising out of or relating to your relationship with Big Gig or the termination of that relationship.
Disputes between the parties that may not be subject to pre-dispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203) or as provided by an Act of Congress or lawful, enforceable Executive Order, are excluded from the coverage of these Terms of Service.
These Terms of Service, and any Claim, will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). However, notwithstanding the foregoing sentence, this Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.).
Before serving a demand for arbitration of a Claim, you agree to first notify Big Gig of the Claim. You agree to notify Big Gig of the Claim at the contact information on the Site’s contact page both by e-mail and by certified First Class mail, return receipt requested (in each case, a “Notice”). You and Big Gig then will seek informal voluntary resolution of the Claim. Any Notice from you to Big Gig must include pertinent account information, a brief description of the Claim, and contact information, so that Big Gig may evaluate the Claim and attempt to informally resolve the Claim. You shall appear for at least one day of in-person mediation if Big Gig so requests. Big Gig will have 60 days from the date of the receipt of the Notice to informally resolve your Claim, which, if successful, will avoid the need for further action.
In the unlikely event the parties are unable to resolve a Claim within 60 days of the receipt of the applicable Notice, you, Big Gig, and our affiliates agree to resolve the Claim by final and binding arbitration before an arbitrator from JAMS, instead of a court or jury. JAMS may be contacted at www.jamsadr.com.
This Arbitration Provision applies to any Claim (defined above) the parties may have and survives after your relationship with Big Gig ends. This Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. If for any reason JAMS will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator.
Except as otherwise provided herein, arbitration will be conducted in Philadelphia, Pennsylvania in accordance with the JAMS Comprehensive Arbitration Rules and Procedures’ Optional Expedited Arbitration Procedures then in effect. Arbitration of disputes brought by a user that allege a violation of a consumer protection statute also will be subject to the JAMS Consumer Arbitration Minimum Standards, and such arbitrations may be conducted in the same state and within 25 miles of where the user is located, Big Gig’s discretion. Claims by users that allege employment or worker classification disputes or will be conducted in the state and within 25 miles of where user is located in accordance with the JAMS Employment Arbitration Rules and Procedures then in effect, at Big Gig’s discretion. The applicable JAMS arbitration rules may be found at www.jamsadr.com or by searching online for “JAMS Comprehensive Arbitration Rules and Procedures,” “JAMS Employment Arbitration Rules,” or “JAMS Consumer Arbitration Minimum Standards.” Any dispute regarding the applicability of a particular set of JAMS rules shall be resolved exclusively by the arbitrator. Any party will have the right to appear at the arbitration by telephone and/or video rather than in person.
You and Big Gig will follow the applicable JAMS rules with respect to arbitration fees. In any arbitration under the JAMS Employment Arbitration Rules and Procedures, Big Gig may elect to allow the user to pay JAMS arbitration fees only to the extent those fees are no greater than the filing or initial appearance fees applicable to court actions in the jurisdiction where the arbitration will be conducted, with Big Gig to make up the difference, if any. In any arbitration under the JAMS Comprehensive Arbitration Rules and Procedures’ Optional Expedited Arbitration Procedures then in effect in which a user makes a claim under a consumer protection statute, Big Gig may elect to allow the user to pay JAMS arbitration fees only to the extent those fees are no greater than the filing or initial appearance fees applicable to court actions in the jurisdiction where the arbitration will be conducted, or $250.00, whichever is less, with Big Gig to make up the difference, if any. The arbitrator must follow applicable law and may award only those remedies that would have applied had the matter been heard in court. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction.
This Arbitration Provision does not apply to litigation between Big Gig and you that is or was already pending in a state or federal court or arbitration before the expiration of the opt-out period set forth below. Notwithstanding any other provision of these Terms of Service, no amendment to this Arbitration Provision will apply to any matter pending in an arbitration proceeding brought under this section unless all parties to that arbitration consent in writing to that amendment.
This Arbitration Provision also does not apply to claims for workers compensation, state disability insurance or unemployment insurance benefits.
Nothing in this Arbitration Provision prevents you from making a report to or filing a claim or charge with a government agency, including without limitation the Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Securities and Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs. Nothing in this Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision. This Arbitration Provision also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Arbitration Provision. Nothing in this Arbitration Provision prevents or excuses a party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law before bringing a claim in arbitration. Big Gig will not retaliate against you for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act.
This Arbitration Provision is the full and complete agreement relating to the formal resolution of Claims. Except as otherwise provided in this Arbitration Provision, this Arbitration Provision covers, and the arbitrator shall have exclusive jurisdiction to decide, all disputes arising out of or relating to the interpretation, enforcement, or application of this Arbitration Provision, including the enforceability, revocability, scope, or validity of the Arbitration Provision or any portion of the Arbitration Provision. All such matters shall be decided by an arbitrator and not by a court. The parties expressly agree that the arbitrator and not a court will decide any question of whether the parties agreed to arbitrate, including but not limited to any claim that all or part of this Arbitration Provision, or any other part of the Terms of Service, is void or voidable.
In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable. If any portion of the Class Action Waiver below, of this Arbitration Provision, is deemed to be unenforceable, you and Big Gig agree that this Arbitration Provision will be enforced to the fullest extent permitted by law.
Private attorney general representative actions under the California Labor Code are not arbitrable, not within the scope of this Arbitration Provision and may be maintained in a court of law. However, this Arbitration Provision affects your ability to participate in class or collective actions. Both you and Big Gig agree to bring any dispute in arbitration on an individual basis only, and not on a class or collective basis on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action, or as a member in any such class or collective proceeding (“Class Action Waiver”). Notwithstanding any other provision of these Terms of Service or the JAMS rules, disputes regarding the enforceability, revocability, scope, or validity or breach of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. Big Gig may lawfully seek enforcement of this Arbitration Provision and the Class Action Waiver under the Federal Arbitration Act and seek dismissal of such class or collective actions or claims.
This Arbitration Provision replaces all prior agreements regarding the arbitration of disputes and is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Provision. In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable. If any portion of the Class Action Waiver above, is deemed to be unenforceable, you and Big Gig agree that this Arbitration Provision will be enforced to the fullest extent permitted by law.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BIG GIG NOR ANY PERSON ASSOCIATED WITH BIG GIG MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You will indemnify, defend, and hold harmless Big Gig, our affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) for all Indemnified Claims (defined below) and Indemnified Liabilities (defined below) relating to or arising out of: (a) the use of the Site and the Site services by you or your agents, including any payment obligations or default incurred through use of the Site services; (b) any service contract entered into by you or your agents, including, but not limited to, the classification of a user as an independent contractor; the classification of Big Gig as an employer or joint employer of a user; any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits; (c) failure to comply with the Terms of Service by you or your agents; (d) failure to comply with applicable law by you or your agents; (e) negligence, willful misconduct, or fraud by you or your agents; and (f) defamation, libel, violation of privacy rights, unfair competition, or infringement of intellectual property rights or allegations thereof to the extent caused by you or your agents. For purposes of this section, your agents include any person who has apparent authority to access or use your account demonstrated by using your username and password.
“Indemnified Claim” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other user against an Indemnified Party.
“Indemnified Liability” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against you or a third party or other user.
This Terms of Service sets forth the entire agreement and understanding between you and Big Gig relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. The section headings in the Terms of Service are included for ease of reference only and have no binding effect. Even though Big Gig drafted the Terms of Service, you represent that you had ample time to review, including review with an attorney, and decide whether to agree to the Terms of Service. If an ambiguity or question of intent or interpretation of the Terms of Service arises, no presumption or burden of proof will arise favoring or disfavoring you or Big Gig because of the authorship of any provision of the Terms of Service.
No modification or amendment to the Terms of Service will be binding upon Big Gig unless in a written instrument signed by a duly authorized representative of Big Gig or posted on the Site by Big Gig. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms of Service.
User may not assign the Terms of Service, or any of its rights or obligations hereunder, without Big Gig’s prior written consent in the form of a written instrument signed by a duly authorized representative of Big Gig. Big Gig may freely assign these Terms of Service and the other Terms of Service without user’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.
If and to the extent any provision of these Terms of Service is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
Big Gig makes no representations that the Site is appropriate or available for use outside of the United States. Those who access or use the Site from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable foreign, United States, state, and local laws and regulations, including, but not limited to, export and import regulations, including the Export Administration Regulations maintained by the United States Department of Commerce and the sanctions programs maintained by the Department of the Treasury Office of Foreign Assets Control. You must not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end user without obtaining any and all required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving U.S. origin products, including services or software.
In order to access or use the Site or Site services, you must and hereby represent that you are not: (a) a citizen or resident of a geographic area in which access to or use of the Site or Site services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Site and Site services and your license to use the Site or Site services will be immediately revoked.
Big Gig may terminate these Terms of Service immediately upon written notice, electronically or otherwise, to a user. Users may terminate these Terms of Service upon thirty (30) days’ written notice to Big Gig by certified First Class mail, return receipt requested, to the address stated on the contact page of the Site.
After these Terms of Service terminate, the terms of these Terms of Service and the other Terms of Service that expressly or by their nature contemplate performance after these Terms of Service terminate or expires will survive and continue in full force and effect. For example, the provisions requiring arbitration, permitting audits, protecting intellectual property, requiring non-circumvention, indemnification, payment of fees, reimbursement and setting forth limitations of liability each, by their nature, contemplate performance or observance after these Terms of Service terminate. Without limiting any other provisions of the Terms of Service, the termination of these Terms of Service for any reason will not release you or Big Gig from any obligations incurred prior to termination of these Terms of Service or that thereafter may accrue in respect of any act or omission prior to such termination.
IN NO EVENT WILL BIG, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, GOODS OR SERVICES OBTAINED THROUGH THE SITE, INCLUDING GOODS OR SERVICES OBTAINED FROM SELLERS, THE SITE ITSELF, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, BIG GIG AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Big Gig Marketplace is a project focused gig marketplace service for entrepreneurs to focus on growth and creating a successful business.
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