Terms of Service for BigX Media

Effective Date: October 30, 2024

Welcome to BigX Media! By accessing or using our website, filling out any form, or engaging our services, you agree to be bound by the following Terms of Service. Please read these terms carefully. If you do not agree with these terms, please do not use our services.

1. Acceptance of Terms

By visiting our website, utilizing our services, or entering into a contract with BigX Media, you agree to adhere to these Terms of Service, as well as any other applicable laws and regulations. BigX Media reserves the right to modify these terms at any time, and it is your responsibility to review them periodically. Your continued use of our services following any changes signifies acceptance of the updated terms.

2. Eligibility and No-Contact Indemnity

• Our services are available to users who are at least 18 years old and legally capable of entering into contracts.
• No-Contact Indemnity: If you reside in a state that enforces a "no-contact rule" or a similar policy preventing unsolicited communication, by filling out any form on our website or initiating contact with BigX Media, you voluntarily waive any protections from unsolicited communication provided by your state. This waiver applies to all interactions with BigX Media, including contract negotiations and service inquiries.

3. Service Scope and Restrictions

• BigX Media specializes in web development, digital design, and media consultation services.
• Content Restrictions: We do not provide services, design, or build any website, platform, or other digital or physical entity that:
  • Promotes or involves illegal activities or content that violates local, state, national, or international laws.
  • Infringes on the intellectual property rights of others.
  • Contains offensive, abusive, or hate-oriented content as determined by BigX Media.
• BigX Media reserves the right to terminate any contract or engagement if these content restrictions are violated.

4. Contracts and Billing

• Any formal agreement entered with BigX Media will be established through a design and service contract that outlines the scope, deliverables, and payment terms specific to the services rendered.
• Payment Processing: All billing is managed securely through Stripe, a third-party payment processing platform. By agreeing to our services, you acknowledge and consent to Stripe's policies and terms, which can be reviewed at Stripe’s Terms of Service.
• Fees and Payments: All fees and payment terms will be clearly outlined in the contract before any work begins. Any failure to adhere to the agreed payment terms may result in a suspension or termination of services.

5. Intellectual Property and Ownership

• Upon payment, BigX Media grants the client a license to use any design, software, or digital media created specifically for the client’s project. All intellectual property rights for original content created by BigX Media remain with us until full payment is received.
• Clients are prohibited from copying, modifying, reselling, or using our designs outside the agreed-upon scope without prior written permission from BigX Media.

6. Limitation of Liability

• BigX Media strives to provide the highest quality of service. However, we do not guarantee that our services will be error-free or uninterrupted.
• In no event shall BigX Media be liable for any indirect, incidental, or consequential damages arising from the use or inability to use our services, even if we have been advised of the possibility of such damages.
• BigX Media’s total liability shall in no event exceed the total fees paid by the client for the services rendered under the applicable contract.

7. Indemnification

• You agree to indemnify, defend, and hold harmless BigX Media, its affiliates, employees, and agents from any claims, liabilities, damages, or expenses (including legal fees) arising from your breach of these Terms of Service, misuse of our services, or violation of applicable laws or regulations.

8. Privacy Policy

• BigX Media is committed to protecting your privacy. Please refer to our [Privacy Policy] for information on how we collect, use, and disclose information provided by our clients and website visitors.

9. Governing Law and Dispute Resolution

• These Terms of Service and any disputes arising from the use of our services shall be governed by and construed in accordance with the laws of the State of Arkansas, without regard to its conflict of laws principles.
• Any legal action or proceeding relating to your access to or use of our website or services will be governed by the exclusive jurisdiction of the state and federal courts located within Arkansas.

Contact BigX Media

If you have any questions or concerns about these Terms of Service, please contact us via email at designteam@bigxmedia.net.