DISCLAIMER:
READ THE FOLLOWING TERMS CAREFULLY BEFORE CONTINUING OR USING THE SERVICES DESCRIBED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES. YOUR READING THIS NOTICE INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS.
I, the person accessing Big's Lists ("this site"), agree and/or certify to the following:
1. I understand that "this site" refers to Big's Lists. "CD's" refers to all items listed in the lists. "I," "me" means you in either your individual or representative capacity.
2. I understand that the owner, author, and operator of this site is providing this service exclusively for "backup" copies of CD's for archival purposes.
3. I understand that the owner, author, and operator of this site are providing this service to me because I do not know how to back up my own CD's.
4. I UNDERSTAND AND HEREBY SWEAR AND AFFIRM THAT I OWN THE ORIGINAL COPY OF WHATEVER DVD OR CD I AM REQUESTING TO PURCHASE A BACKUP FOR.
5. I understand that the author, owner, and operator of this site may deny this service to me if they don't believe that I own the original of whatever CD I am requesting a backup for.
6. I understand that the author, owner, and operator of this site may deny me this service at their sole discretion for whatever reason.
7. I understand that the owner, author, and operator of this site will only back up the titles listed on the following pages, as those are the only titles that the owner, author, and operator of this site owns the original(s) for.
8. I agree that by obtaining a backup copy of any CD listed in the following pages that:
a) I own the original of said CD.
b) I will be purchasing the backup for exactly that purpose.
c) I do not know how to make a backup copy for myself.
d) I will not redistribute said backup to any other person or entity.
9. I understand that the author, owner, and operator of this site is receiving no monetary gain from providing this service and that the prices listed in the following pages reflect the actual cost for providing this service. Including but not limited to: the cost of the actual backup CD (not it's content's), envelopes, boxes, markers, postage, payment services, and operation of this site.
10.I understand that by receiving any backup CD that I do not retain any right of redistribution, electronically or otherwise. I further understand that by redistributing any of the backup CD's that I obtain from this service that I may be subject to criminal or civil sanction.
11.I understand that by proceeding to view any of the following pages, or by ordering any back up CD's, that I release all claims against the owner, author, and operator of this site, criminal or otherwise.
12.I understand that in no event will the owner, author, and operator of this site be liable for any damages caused by my failure to adhere to the terms of this agreement, or for any lost profits or savings, or for incidental or consequential damages, regardless of the form of action, or for any claim against me by any other party.
13.I AGREE THAT I SHALL NOT ACCESS THIS SITE IF:
a. I am a United States Postal Worker
b. I am entering this site to obtain evidence against the owner, author, and operator of this site in furtherance of an action against the owner, author, and operator of this site.
c. I am employed by, subcontract for, represent in any way, or am affiliated in any manner with any federal or state law enforcement agency or task force, either individually or in my representative capacity.
d. I am employed by, subcontract for, represent in any way, or am affiliated in any manner with Sega; Sony, Microsoft; Nintendo; SNK; any music studio, firm, entertainment group, or company; any video and/or movie studio, firm, entertainment group or company; any video and/ or movie and/or music distributor, either individually or in my representative capacity.
14.I UNDERSTAND THAT MY SOLE REMEDY AGAINST THE OWNER, AUTHOR, AND OPERATOR OF THIS SITE IS BINDING ARBITRATION.
15.I understand that this agreement constitutes the entire agreement between me and the owner, author, and operator of this site and that it supercedes all prior agreements between me and the owner, author, and operator of this site. I further understand that the owner, author, and operator of this site's failure to enforce any provision of this agreement shall not be construed as a waiver. I further understand that in the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. I further understand that my sole remedy against the owner, author, and operator of this site is binding arbitration, regardless of any unenforceability issues. I further understand that the owner, author, and operator of this site objects in advance to any terms proposed by me that differ in any way from the terms herein.
16.I have read, understood and agreed to the above stated terms.