BIG RED GIANT TERMS AND CONDITIONS

1. Introduction
These are the general terms and conditions ("Terms") governing your access and use of the BRG GALLERY content and services offered to you on this internet site ("Site") (whether accessed by you on the web, by wap or on a pda) (collectively, the "Service" or "Services"). This Site and the Services are operated by or on behalf of Big Red Giant Limited (hereinafter referred to as "we", "us" or "our"). Any reference to "you" and "yours" refers to you, the owner or operator of any Gallery, or user of the Service. By using the Service you warrant to Big Red Giant Limited that you are of over 18 years of age and have the legal capacity to enter into these terms and conditions with us.

2. Scope
READ THESE TERMS CAREFULLY: The Service is based in the UK, but is designed for use by customers across the globe. The use of some of the Services may be restricted to certain customers or customer groups (relating to particular services and networks). All details relating to the Services will be stated clearly on the website. You shall be informed about any such restrictions before or during subscription for a particular service.
Your access and use of the Service and any information and services provided by us as part of or via the Service is subject to these Terms (which include any directions and guidelines given by us on the Service from time to time) without modification by you. We may change the format and content of the Service, including these Terms, at our sole and absolute discretion and without prior notice from time to time. By accessing the Service (with or without registering for the Service) you accept that you are bound by the current Terms on the Service at the time of your access. You should therefore check these Terms each time you use any of the Services.
Where a third party service or content provider ("Provider") is identified as providing a particular service or application forming part of the Service then you may also be contracting directly with such Provider and your access to and use of that service or application may be subject to additional terms and conditions. For the avoidance of doubt in using any such Provider service you will still be bound by these Terms to the extent they are applicable.

3. Your Contract with Us
Your contract with us shall begin upon the earlier of you:
1. completing our registration process and clicking OK to confirm that you have read and accepted these Terms; or
2. viewing, accessing or using any Service offered by us which does not require registration.

4. Distance Selling Regulations

• You agree that the provision of Services or Content will start as soon as you have completed any necessary registration requirements and you acknowledge that you cannot have recourse to the Consumer Protection (Distance Selling) Regulations 2000 to cancel such Content and/or Services once it has been delivered to you.
• This paragraph sets out those items required pursuant to the EC Directive on Distance Selling (Directive 97/7) as ratified by the Consumer Protection (Contracts Concluded by Means of Distance Communications) Regulations 2000.
• Identity. Unless otherwise notified to you at the time of your purchase, the supplier of any item purchased pursuant to these Terms is: Big Red Giant Limited, 8 riverside Place, Enfield, Middlesex, EN1 3AA, UK
• Description of Goods. The goods sold pursuant to these Terms comprise items either selected from those available on our Site or created by us to your order.
• Price. The price of items purchased via the Site shall be the price advertised on our price list on the Site at the time of purchase including Value Added Tax and any other relevant tax thereon at prevailing rates from time to time.
• Delivery Costs. Other than Consultancy Charges negotiated separately, items are delivered directly to the mobile phone(s) or device(s) specified by you at no additional cost and the price of delivery is all inclusive within the price of the item.
• Payment. Payment for any item purchased pursuant to these terms must be made either by (i) credit card at the time of placing the order and prior to delivery, or by (ii) premium rate download to your mobile device.
• Cancellation. Due to the nature of the product, the fact that the item can be previewed or heard prior to purchase and that once sent it cannot be returned there is no right of cancellation.
• Cost of Communicating with us. The cost of any communication with Big Red Giant Limited will be limited to the charges you would normally incur for use of the Internet in accordance with personal arrangements made with your internet service provider and your telephone carrier.
• Price Validity. The price of any Content or Service is fixed at the date of purchase. Future purchases shall be subject to prices prevailing at that time.

Duration of Contract. The right and licence to use the Services sold pursuant to these Terms is perpetual, non-exclusive and irrevocable but limited to payment terms upon which the Services are sold and the other limitations set out in these Terms.

5. Usernames and Passwords
You agree to provide true, accurate, current and complete information in all fields indicated as compulsory when registering for the Service. Following registration, you will be issued with a password to access the Service and any pages for which registration is required. You are responsible for all actions that take place as a result of access to the Service via your password. It is your responsibility to ensure the security of your password and the device that you use to access the Service. A breach of these Terms by anyone to whom you disclose your password will be treated as a breach by you.
In the event of any failure or error in the operation of a password you shall cease using the password and exit the Service immediately and notify us of such failure or error. We reserve the right to change your password and account name at any time in our sole and absolute discretion. You agree to notify us immediately of any changes to or mistakes in your registration details by amending them using the My Account option.
For certain Services you may be required to choose a user name and a password. If you register for an email account, for example, a user name is used to generate your email account. For any of the Services:

• the user name you choose must not be obscene, threatening, menacing, racist, offensive, derogatory, defamatory or in violation of any intellectual property or proprietary rights of any third party; and
• if we consider in our sole and absolute discretion that the user name selected by you is inappropriate, we reserve the right to reject and prevent your use of such user name at any time with or without notice to you.

6. Your use of the Services
All copyright, trade marks, patents and other intellectual property rights in any material or content (including software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via the Services "Content" is either owned by us or has been licensed to us by the rights owner(s) for use as part of the Services. You are only allowed to use the Services as set out in these Terms. If you wish to do anything else with any of the Content, you must first obtain the written permission of the owner of the rights in that material. All rights are expressly reserved.
We grant you a non-exclusive, non-transferable right to view and use the Service and the Content via your PC, mobile telephone or other Service access device for communications purposes pertaining to the distribution, promotion and sales of your own services & products, and subject to your strict compliance with these Terms and Conditions. You may copy the Content in an unchanged form for private use on your own PC, mobile phone or other access device if and to the extent that such copying is required for the proper use of the Service or the Content and such copying is permitted by the copyright owner.
You shall not be entitled in respect of any Content (wholly or partly):

• to pass it on to third parties or to allow third parties to access it unless we provide the same with a 'pass-it-on' type function. In this case, you shall be entitled to forward the Content to third parties in an unchanged form for private, non-commercial use and only by using the "pass-it-on" function; or
• to change, edit, modify, reformat or adapt it in any other way. You should notify us immediately if you become aware of any unauthorised use or copying of any Content or any part of the Services or any unauthorised access to or other unauthorised activity on the Services. Please email as at: support@brggallery.com. You hereby grant us a perpetual, irrevocable, royalty-free, world-wide licence to reproduce, transfer, modify, adapt and/or publish any Content provided by you to us by email or otherwise on the Service as we see fit and without notice to you, unless you have indicated otherwise in such communication.

7. Your online account and SMS
As part of the Services, you have the ability to send mobile phone Short Message Service ("SMS") messages for communications purposes pertaining to the distribution, promotion and sales of your own services & products. You are entirely responsible for all activities that occur via your email account and/or SMS messages and you agree to notify us immediately of any unauthorised use of your account or any breach of security related to your online account.

8. Prohibited use of the Service and/or the Content
You, and any persons you allow to use the Service or the Content through your access to the Service, are not allowed to:

• copy, disclose, modify, reformat, display, distribute, license, transmit, sell, perform, publish, transfer, link to, reverse engineer or decompile (except to the extent expressly permitted by applicable law) or otherwise make available the Content and/or the Service except as set out in these Terms;
• include or create links (including deep-links) to or from the Content and/or the Service;
• replicate the BRG GALLERY homepage or create a separate border around any part of the Service or Content (also known as "framing");
• use the Service or the Content for any commercial purpose;
• use the Service and anything available from the Service for illegal purposes or in breach of any applicable laws, statutes and regulations or codes of practice;
• use the Service to post, upload or otherwise transmit messages, information or pictures that are considered to be of an adult nature by the Independent Mobile Classification Body (IMCB).  The IMCB website can be found at www.imcb.org.uk, and their Classification Framework document at http://www.imcb.org.uk/assets/documents/ClassificationFramework.pdf.
• use the Service to post, upload or otherwise transmit messages, information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, indecent, tasteless, defamatory, in breach of confidence or otherwise unlawful;
• harass, stalk, threaten, impersonate or otherwise violate the rights of others;
• hack into, make excessive traffic demands, probe or port scan other computers, deliver viruses, mail bombs, chain letters or pyramid schemes or otherwise engage in any other behaviour intended to inhibit other users from using and enjoying the Service or any other website;
• collect and process others' personal data except in accordance with applicable data protection law;
• advertise or offer to sell goods or services.;
• infringe any other person's intellectual property rights, including copyright;
• use the Service to harvest or collect information about users of the Service or to post or otherwise distribute unauthorized or unsolicited advertising, junk or bulk email (also known as "spam");
• use the Service or the Content in any way that we in our sole and absolute discretion consider objectionable, inappropriate, likely to injure our brand and reputation or otherwise unacceptable.

You are responsible for any misuse of the Service or the Content even if it is by another person using your access to the Service. We do not generally monitor the Service. However, we reserve the right to remove, edit or refuse to post any material that you or other third parties place or attempt to place on the Service, to block or suspend your access to the Service and to take such other action as we in our sole and absolute discretion consider necessary to prevent or remedy any breach of these Terms. If you wish to notify us of any Content or third party material or activity on the Service that you reasonably believe is in breach of these Terms then you can do so by using our support@brggallery.com email address. We are not responsible for any failure to remove, or delay in removing, any Content or third party material from the Service or for any good faith but wrongful removal of third party material.
We will also (in accordance with our Privacy Policy) co-operate with law enforcement and other relevant authorities with respect to any investigation or violation of network security and reserve the right to disclose any information (including personal data) derived from you as required by law or in the good faith belief that failure to comply with a legitimate request from a law enforcement agency would be likely to prejudice the prevention or detection of crime or the apprehension or detection of offenders.

9. Privacy Policy
At Big Red Giant Limited we respect and take steps to protect your privacy. Our privacy policy addresses our practices with respect to our website, but does not address the practices of any website we link to (including the merchants and content providers we link to). This policy is incorporated into, and subject to the terms of, our Terms of Service.

How We Use Information collected
We use information, which you provide us to keep track of the Big Red Giant Limited services you have signed up to receive. We may also use personally identifiable information about you to improve our services, marketing and promotional efforts, to statistically analyze site usage, to improve our content and product offerings and to customize our sites’ content and layout. We do this in an attempt to improve our sites and better tailor them to meet our users' needs. We may also use personally identifiable information about you to deliver information to you that, in some cases, is targeted to your interests, such as targeted banners and promotions. We use your email address to contact you regarding administrative notices or latest news from time to time. We use information in the file we maintain about you, and other information we obtain from your current and past activities on the site, to resolve disputes, troubleshoot problems and enforce our Terms and Conditions.

Protection of Database Information
Any information sent to Big Red Giant Limited for messaging and or storage purposes will remain the property of the account holder. Big Red Giant Limited will at no time collect or redistribute this information without your consent, except where legally required by law to do so. This is with particular reference to any database, numbers and/or recipient details that you may deliver to us, or store on our databases.

Disclosure of Your Information
We do not sell or rent any personally identifiable information about you to any third party. We may aggregate personally identifiable information and disclose such information in aggregate to advertisers and for other marketing and promotional purposes. However, in these situations, we would not disclose to these entities any information that could be used to personally identify you. Big Red Giant Limited may offer features on our sites where we will by necessity need to provide some of your information to a third party offering certain services. To the extent that a third party might require your information to enable you to use their service, we will notify you of the specific information that will be provided to such third parties. Before you use such services you should evaluate whether you will accept the terms and conditions of the third party service, and give Big Red Giant Limited the right to pass your information on to that third party. In addition, we must comply with court orders, information requests from government agencies and regulators and other legal and regulatory processes that may require the disclosure of your personally identifiable information.

Reviewing/Changing Your Information
If at any time you would like to change any information or personal preferences relating to your account, you will find the key information in ‘My Accounts’ once logged into the service. You should contact Big Red Giant Limited to make amendments to these details.

Limits on Our Abilities
Although your privacy is very important to us, due to the existing legal and technical environment, we cannot ensure that your personally identifiable information will not be disclosed to third parties in ways not described in this policy. Additionally, we can (and you authorize us to) disclose any information about you to private entities, law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate to address or resolve inquiries or problems.

10. Payment and charges
Where any of our Services requires payment by you:

• you must make such payment as and when required by these Terms: if you do not do so, we reserve the right to terminate your access to the Service immediately following any missed, rejected or refused payment.
• if payment is not paid on time, your payment is rejected or refused (including if you do not have sufficient credit in your prepaid account), or you default in payment, the amount owing will be treated as overdue and we will be entitled immediately to cease or suspend the provision of the Services to you until payment is received or until your credit has been topped up.
• all amounts payable by you shall be paid in full in either pounds sterling, euros or dollars without any deductions or set-offs.
• and such payment is to be made by your company to us by credit card, or invoice to your account (whether under a contract or deduction from your prepaid Credit)
• you may use the Service as the primary representative of your company responsible for paying the Service charges or for organising the payment.
• the applicable charges for any Services will be set out on the relevant pages of the bgrgallery.com site. All prices are exclusive of value added taxes. We reserve the right to vary these prices from time to time. Any such variation shall be notified to you in advance on our website at the relevant pages of the brggallery.com site.
• should you request additional consultancy design and/or guidance services from us, the additional sums for these Services will be negotiated and contracted separately to this agreement.
• refunds will be given at the discretion of the Company Management upon request.

11. Downloaded Content:
Where any of our Services enable you to download Content to a mobile phone, personal computer, personal digital assistant or other access device:

• you may save such Content on your access device but you are strictly prohibited from saving such Content elsewhere; editing or modifying the Content; copying, distributing or forwarding the Content to one or more third parties or allowing third parties to access it.
• You should adjust the personal settings on your access device to ensure that you receive the Content that you have selected. By registering for Services you confirm that your access device can support the downloading of the relevant Content. If you are unsure whether this is the case you should check the information on this site, consult your handbook or contact the manufacturer of your access device. We cannot be held responsible should you attempt to download Content onto an incompatible access device and you will be charged regardless.
• Without limitation, we shall not be liable in any way for failures, defects or delays in the delivery of the Content which are caused by one or more of the following reasons:
• you have provided an incorrect phone number or other incorrect information before ordering the Content;
• your message mail box is full and cannot receive additional messages;
• your phone is switched off, out of range or for some other reason cannot be reached; or
• any other reason outside our reasonable control.

12. Bulletin boards and chat rooms
The Service provided may include from time to time various bulletin boards and chat rooms (collectively the "Forum"). To participate in the Forum, you must be registered as an BRG GALLERY account user. We do not generally pre-screen or monitor material posted by Forum participants and we are not responsible for, nor do we control or endorse any such material. Access to and use of the Forums is subject to these Terms and the BRG GALLERY chat rules and any other specific directions given by us from time to time.

13. Email, SMS, Content Delivery and Usage
Whilst we will use our reasonable efforts to ensure that SMS messages, Alerts and emails are sent correctly to your intended recipients, we are not responsible for the telecommunications networks that are responsible for the delivery of SMS messages, emails and Alerts to you or your chosen recipients, and so we do not warrant nor shall we be liable for any failure to send, receive or process emails, Alerts or SMS messages or the quality of the materials received. We reserve the right to impose limitations of our choosing on the amount of storage space, temporary or otherwise, that we in our discretion provide you for the storage of campaign data and distribution lists (‘Contacts’). Should your storage requirements exceed that for which the service was designed, we will initiate a dialogue We recommend that you duplicate any data that you wish to keep in a secure storage facility. We reserve the right to suspend or terminate your account or use of any SMS service where you remain inactive for any period of time chosen by us in our reasonable discretion (currently 90 days) or where we believe, in our sole and absolute discretion, that your email account is being used to send any "spam " or any other form of unsolicited bulk communications, or messages which are obscene, threatening, menacing, racist, offensive, derogatory, defamatory or in violation of any intellectual property or proprietary rights or otherwise in breach any part of these Terms. If we intend to terminate or suspend your account or your use of the SMS service due to inactivity (or if we decide to change the maximum permitted period of user inactivity) we shall notify you in advance of taking such action. We recommend that you save copies of all data that you wish to keep on another storage device apart from the Service.

14. Disclaimer and limitation of liability
The Service is supplied to you on an "as is" basis and we make no warranties, express or implied, with respect to the Service and/or the Content whatsoever (including without limitation regarding their satisfactory quality, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security or that they are free from error) unless specifically set out in these Terms.
We use our reasonable endeavours to ensure that the information within the Service is accurate at the time of its inclusion, but your access to the Service and any action your carry out on the basis of data or information you obtain from or via the Service (including any transaction you make with a third party for the supply of goods or services to you) is carried out entirely at your own risk and we accept no liability for any losses that you may suffer as a result. The inclusion of links on the Service to third party sites not controlled by us does not imply any endorsement by us of such sites except in those cases where we explicitly name service providers who have a partnership agreement with us. The Service is provided to you through a variety of telecommunications systems and we are unable to guarantee error-free use or transmission of, or access to, any part of the Service.
Accordingly, we shall not be liable for any indirect, special or consequential damages or losses including without limitation damages for loss of use, profits, data or the cost of procurement of substitute goods or services, whether such losses or damages arise in contract, negligence, tort or otherwise resulting from:

• your use of, reliance upon or inability to use our Service and/or Content;
• the deletion with or without notice or cause of any of your data or information stored on the Service;
• any loss of your data or material resulting from delays, non-deliveries, missed deliveries, Service interruptions or a failure, suspension or withdrawal of all or part of the Service at any time; or
• the removal from the Service of any material sent or posted by you on or via the Service and/or the blocking or suspension of your access to the Service or any part of it in accordance with Paragraph 7;

If you are dissatisfied with any part of the Service or with any of these Terms, your sole and exclusive remedy is to discontinue using this Service, or where you have paid us for any element of the Service, to seek a pro-rata refund (subject to the Terms of the particular element of the Service) for the cost of that element of the Service which has caused dissatisfaction. You will not be entitled to a refund where we have suspended or terminated your access to the Service in accordance with Paragraph [7] and/or the second or third sub-paragraph of paragraph 17. Nothing in these Terms shall act to exclude or limit our liability for death or personal injury, fraud or any other liability which may not by applicable law be excluded or limited

15. The Internet and third party web sites - Disclaimer
You acknowledge that we are unable to exercise control over the security or subject matter of third party content transmitted or accessible via the Service and we exclude all liability of any kind for the transmission or reception of illegal or unlawful content. The Services may be used by you to link to other web sites, resources and/or communications networks. We accept no responsibility for their content or services, or otherwise in respect of these. We endeavour to ensure the security of your communications however your communications pass over third party networks over which we have no control. There is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to information stored on your PC or mobile phone. These programs may perform actions that you have not authorised, possibly without your knowledge. We accept no liability for any loss or damage resulting from your use of the Internet and/or third party web sites or content accessed via the Service.

16. Indemnity by you
You irrevocably agree to indemnify us and our Providers fully against and to hold us and our Providers harmless on demand from all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by us or our Providers as a result of any claim by a third party