BigMovies.com ("we," "us," "our," or "Big Movies") is committed to creating a safe and secure environment for, you, the user ("user," "you," or "your") of our products and services. When you subscribe to any service within the BigMovies.com website (the "Website"), all hereinafter referred to collectively as the "Service," you agree to all terms and conditions of this of this Terms of Use Agreement (the "Agreement").

By subscribing to the Service, you represent and warrant that you have read and understand the terms and conditions of this Agreement and that you agree to be legally bound and to abide by the terms and conditions of this Agreement.

IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU SHOULD NOT USE THE SERVICE AND SHOULD NOT PROCEED TO REGISTER. BY USING THE SERVICE YOU ACKNOWLEDGE YOUR ACCEPTANCE OF THIS AGREEMENT, INCLUDING ANY AND ALL AMENDMENTS MADE HERETO FROM TIME TO TIME.

This Agreement was last updated on June 29, 2009 and may be amended or updated by us from time to time. We ask users to periodically review this page.

1. User Agreement

This Agreement constitutes the agreement between us and you with respect to your use of the Service. You must agree to abide by all of the terms and conditions of this Agreement in order to become or remain an authorized user of the Service.

2. Right of Use

Your right to use the Service is subject to any and all limitations, conditions, and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service or the Website at any time, including the availability of any Service feature, database, or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability

3. Modifications

We may modify this Agreement from time to time. Notification of modifications in this Agreement will be posted on the Website or sent to you via email, as we may determine in our sole discretion. If you do not agree to such modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement and any subsequent modifications.

4. Agreement to View Adult Material

THIS IS AN ADULTS ONLY WEBSITE. Big Movies offers online adult content that may contain graphic depictions or descriptions of explicit actual or simulated sexual activity (the "Content"). The Content is intended to be viewed only by adults and may not be viewed by anyone under 18 years old.

By subscribing to the Service, you represent and warrant (i) that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is older (the "Age of Majority"), (ii) that you are familiar with the laws of your jurisdiction on adult-oriented material, (iii) that you will not suffer any individuals not of the Age of Majority to use or view the Website nor make available the Content to any such individuals, and (iv) that you understand and are not offended by the nature of the Website or the Content and access it willingly and voluntarily for your own personal enjoyment.

We reserve the right to terminate your account if we, in our sole and absolute discretion, believe you are in violation of this section. We additionally reserve the right to terminate your account and report you to the proper authorities in the event that we suspect, in our sole and absolute discretion, that someone who is not the Age of Majority has used your account.

5. Prohibited Activities

The following list of prohibited activities is meant to assist you in appreciating which actions will not be tolerated by us. The list is meant to be illustrative and thus is not exhaustive.

a) Unlawful Purpose. You may not use the Service, Website, or Content for any unlawful purpose.

b) Unauthorized Access or Alterations. Unauthorized attempts by any user to gain access to the Service (e.g., "cracking") is prohibited. Likewise, any unauthorized alteration, deletion, duplication, or destruction, or any attempt thereof, of the Content or any information on the Website or in connection with the Service by any means or device is prohibited.

c) Access without Paying. It is prohibited for any person to obtain or attempt to obtain access to the Service or to use or attempt to use the Service by any means or device with the intent to avoid payment for such access or use.

6. Privacy Policy

As is more fully described in our Privacy Policy, we will not resell your personal information to any third party.

7. Links

The Website may from time to time contain links to third party websites and resources ("External Links"). We are not responsible for, and have no liability as a result of, the availability of External Links or their content.

8. Limited License of Use

Big Movies offers the Content and the Service solely for our users' personal, non-commercial use. In exchange for your payment of a subscription fee, you, the user, are granted a revocable, non-exclusive, non-transferable, limited single copy license to use the Service and to access, view, download, and print the Content strictly for your personal, non-commercial use. We may limit the amount of Content you download, and you may download the Content only to one computer. You may not (a) modify or make unauthorized copies of any portion of the Website or the Content; (b) use the Content for any public display, whether for pecuniary gain or otherwise; or (c) remove or alter any copyright or other proprietary notice or trademarks from the Website or from the Content. We may, in our sole discretion, suspend or terminate your account or access to the Service or any portion thereof at any time, with or without notice, for any reason.

Additionally, if you breach any provision of this Agreement, we reserve the right to terminate access to the Service at any time without notice and to require you to destroy any downloaded Content in such case.

9. Registration

You may subscribe to the Service by completing an online registration form, which must be accepted by Big Movies, and by payment of the applicable subscription fee. Upon submission of the online registration form, Big Movies or our authorized agent will process the application. In connection with completing the online registration form, you agree to:

(a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the "Registration Data") and

(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member.

You must promptly inform us of all changes to your Registration Data, including, but not limited to, changes in your address and the credit card information you used in connection with billing for the Service. If you provide any information that is untrue, inaccurate, not current or incomplete, or we or our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse your current or future use of the Service and the Website, as well as possibly subjecting you to criminal and civil liability. You are responsible for dishonored checks, inappropriate "chargebacks" or credits to your credit card and any related fees that we incur with respect to your account.

10. Subscription Fee

To have access to the Service, you are responsible for paying periodic subscription fees according to the then-current payment terms of the Website. Subscription fees will automatically renew at the start of each month for such month's access and usage. Access and usage will not be prorated within a month. Any refunds, which may or may not be provided at our sole discretion, will be made to the credit card used to pay the initial subscription fee.

11. User Name and Password

As part of the registration process, you will choose a unique user name and password that you must provide in order to gain access to the non-public portion of the Service. You certify that when asked to choose a user name you will not choose a name that falsely represents you as somebody else or a name which may otherwise be in violation of the rights of a third party. We reserve the right to disallow the use of user names that we, in our sole discretion, deem inappropriate. We reserve the right to suspend or terminate, at any time, any user's access to the Service who uses their selected user name in violation of this Agreement or in any other way we, in our sole discretion, deem inappropriate.

Your user name and password are non-transferrable and may not be assigned to any other person or entity. Please keep your user name and password confidential. Promptly notify us if your user name or password has been compromised in some way. Any unauthorized access to or use of the Website, the Content, or the Service is illegal and may open you up to liability if you fail to notify us of a compromised user name or password.

12. Billing Errors

If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.

13. Suspension or Termination of Access to the Service

We may, in our sole discretion, suspend or terminate your account or access to the Service or any portion thereof at any time, with or without notice, for any reason. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of any user's account or access to the Service at our sole discretion, and we reserve the right to refer such activity to any and all appropriate law enforcement agencies. You agree that if your account or access to the Services is terminated by us, you will not attempt to re-register without our prior written consent.

14. Security

Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.

15. Cancellation

Either Big Movies or you may cancel your account and access to the Service at any time and for any reason upon written notification to the other party. You may remain liable for charges incurred for use of the Service prior to the date of cancellation.

16. Indemnity

You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, that we may suffer from your activities on or use of the Service, including without limitation any breach by you of the Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

17. No Responsibility

We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, that may arise out of or relate to your use of the Service, including but not limited to, lost revenues, profits, business or data, or damages resulting from any viruses, worms, "Trojan horses" or other destructive software or materials, or communications by you or other users of the Service, or any interruption or suspension of the Service, regardless of the cause of the interruption or suspension.

18. Intellectual Property

The Content and other materials on the Website are copyrighted and protected under domestic and international copyright laws. Except as specifically provided for herein, no portion of the Website or the Content may be reproduced, copied, edited, published, transmitted, downloaded, or uploaded in any way without our prior written permission; nor does your use of the license granted herein give you any express or implied right under any of its trademarks, copyrights or other proprietary information.

Big Movies is the exclusive owner and proprietor of the Website, including the Content, the Service, and the Website code used to operate the Website. Any rights not expressly granted to you herein are reserved by us. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

19. Notice of Claimed Infringement

We respect the intellectual property of others and voluntarily observe and comply with the United States' Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the our designated copyright agent the following information:

a) An electronic or physical signature of the person authorized to act on behalf of the owner of copyright or other intellectual property interest.

b) A description of the copyrighted work or other intellectual property that you claim has been infringed;

c) A description of where the material that you claim is infringing is located on a Site;

d) Your address, telephone number, and email address;

e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

f) A statement by you, made under penalty of perjury, that the above information in your notice of claimed infringement is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

You may send your Notice of Claimed Infringement to:

Lawrence G. Walters, Esquire

781 Douglas Avenue

Altamonte Springs, FL 32714

Phone: (407) 975-9150

Fax: (407) 774-6151

Larry@LawrenceWalters.com

Please do not send other inquires or information to our designated copyright agent

20. NO WARRANTIES / LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICE IS PROVIDED ON AN "AS IS, WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY OF THE CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF THE CONTENT. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES. YOU SHALL BE SOLELY RESPONSIBLE FOR PROVIDING ANY EQUIPMENT NECESSARY TO CONNECT TO OUR WEBSITE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT'S APPROPRIATENESS OR AUTHORIZATION FOR USE IN ALL COUNTRIES, STATES, PROVINCES, COUNTY OR ANY OTHER JURISDICTIONS. IF YOU CHOOSE TO ACCESS THE SITE, YOU DO SO ON YOUR OWN INITIATIVE AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS. YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE GREATER OF EITHER THE USER'S AVERAGE MONTHLY COMPENSATION YOU HAVE PAID TO US OR ONE HUNDRED DOLLARS ($100.00).

21. Severability

If any provision of the Agreement, or any portion thereof, shall be held to be invalid, illegal, or unenforceable for any reason whatsoever then the validity, legality, and enforceability of the remaining provisions of the Agreement shall not in any way be affected or impaired thereby; and to the fullest extent legally possible, the provisions of the Agreement shall be construed so as to give effect to the intent of any provision held invalid, illegal, or unenforceable.

22. No Waiver

Any failure by Big Movies to enforce any provision of the Agreement shall not be deemed a waiver of future enforcement of that or any other provision, and no waiver of one breach shall constitute a waiver of subsequent breaches.

23. Jurisdiction and Disputes

This Agreement and all matters arising out of or otherwise relating hereto shall be governed by the laws in effect in the State of Florida, without regard to its conflict of law provisions. You and Big Movies hereby submit to the personal jurisdiction of the state and federal courts of the State of Florida for resolution of all disputes. You and Big Movies hereby agree that exclusive venue for any litigation under the Agreement shall be with the state and federal courts located in Miami-Dade County, Florida.

24. Complaints

To report a complaint regarding the Service, send an email detailing such complaint to support@bigmovies.com. We will attempt to resolve any problems arising from such complaints in a timely and efficient manner.