Terms of Service
Effective date: 31.1.2018
Welcome to Bignest!
We are thrilled you have decided to join Bignest and use our products and services, all of which we refer to simply as the “Services”. Bignest Inc. operates www.bignest.com, www.bignest.io, and other related and supporting services on subdomains of the latter domains (collectively, the “Services”). The Services are provided by Bignest Inc. (a Delaware corporation, with Delaware filing number: 6404588), located at 16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex, United States (“Bignest Inc.”), with operational headquarters located at Celovška cesta 291, 1000 Ljubljana, Slovenia, EU (collectively, “Bignest Inc.”, “us”, “we”).
By using our Services in any way, you (each user, “you”) agree to be bound by these terms (“Terms of Service”). Please read them carefully, as they form a legally binding contract between you and Bignest Inc. We reserve the right to update and change the Terms of Service from time to time without notice. Any new features, updates or upgrades of the Services, shall be subject to these Terms of Service, and your continued use of the Services after any such changes shall be understood as your consent to such changes.
ARBITRATION NOTICE: THESE TERMS OF SERVICE CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND BIGNEST INC. AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND BIGNEST INC. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. WHO CAN USE THE SERVICES
No one under the age of 13, or local legal age to form a binding contract, is allowed to create an account or use the Services. In registering an account and using the Services, you state that:
- you can form a binding contract with Bignest Inc.;
- you are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction;
- you will comply with these Terms of Service and all applicable local, state, national and international laws, rules and regulations.
If you are using the Services on behalf of a business or some other entity, you state that you are authorised to grant all licences set out in these Terms of Service and to agree to these Terms of Service on behalf of the business or entity.
Ensuring that the Services complies with local law is solely the responsibility of the user. Bignest Inc. does not accept liability for any violations of such laws. This includes, but is not limited to copyright infringements, data privacy etc.
2. USE OF THE SERVICES
We are constantly innovating and introducing new ways for the user to better experience and use the internet. To achieve this, however, we must take certain steps to ensure we are going in the correct direction, and that our work and efforts are not in vain. For that reason, you may not use the Services for other purposes than those which the Services are intended to without explicit written consent from Bignest Inc. That being said, we are eager to listen to any comment, suggestion or idea you might have, to make the Services even better. If you have an idea, get in touch: firstname.lastname@example.org.
Furthermore, you are not allowed to cache, store or in any other way take or commercially reuse results obtained from the Services. You are also not allowed to abuse, modify, adapt, hack or otherwise misuse the Services. It is forbidden to modify another website to falsely imply that it is associated with the Service, Bignest Inc, or any other Bignest associated service.
As a startup, unfortunately, we are only offering Bignest Inc. and its Services in English. We are hoping this will change as we grow, and expand our audience. Bignest is all about accessibility and we hope to make our Services more accessible by supporting different languages.
You understand that Bignest Inc. uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
3. RIGHTS WE GRANT YOU
Bignest Inc. grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable and non-sublicensable licence to access and use the Services. This licence is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms of Service allow.
Any Services that we provide you may automatically be subject to upgrades, updates, or other new features. You do not have the option to control these automatic upgrades, updates or addition of new features. But don’t worry, all these things are for your benefit and security. We promise to only make meaningful and enriching upgrades and updates.
You may not copy, modify, distribute, sell or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
4. RIGHTS YOU GRANT US
Many of our Services let you upload, store, receive, send and create content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a licence to use and store that content. How broad that licence is depends on which Services you use.
Bignest incorporates outside partners to provide features and services on our platform, for these widgets, features, and or services (“Special Services”), you grant Bignest Inc. and our affiliates a worldwide, royalty-free, sublicensable and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute that content. This licence is for the limited purpose of operating, developing, providing, promoting and improving the Services and researching and developing new ones. This means, among other things, that you will not be entitled to any compensation from Bignest Inc., our affiliates or our business partners if we use the content for expanding our Services, growing Bignest Inc., developing future features or our businesses.
Because Special Services hold sensitive information of the user, the licence you grant us for the content stored to those Special Services is much narrower. For Special Services you only grant us the rights to the extent necessary for us to store your content, and later serve it to you, at your request via Services. This request for your information in understood as accessing and using Special Services.
The Services currently do not contain any advertisements, but Bignest Inc. reserves the right introduce them at a later stage, without prior acknowledgement or user notification. In consideration for Bignest Inc. letting you access and use the Services, you agree that we, our affiliates and our third-party partners may place advertising on the Services at the future date. We guarantee you to relevantly update these Terms of Service once we introduce any substantial advertisements in our Services.
We always love to hear from our users, however, Bignest Inc. reserves the right to use your ideas, suggestions, and commentaries, without compensating you.
Bignest Inc. cannot accept any responsibility for any data loss, which may occur as a consequence of using the Services. We also cannot accept any responsibility for any loss of revenue, usage or any other intangible losses as a result of using The Service or third-party providers associated with Bignest Inc.
Bignest Inc. accepts no responsibility for forces, which are beyond the direct control of Bignest Inc or its affiliates.
6. The content of our Services
Much of the content on our Services is produced by users, publishers and other third parties. The latter content is the sole responsibility of the person or organisation that submitted it, released it, or published it. Although Bignest Inc. reserves the right to review or remove said content or publisher from the Services, we do not or can review all of it. Therefore we can't – and don't – take responsibility for any content that others provide through the Services.
Through these Terms of Service, we try to define and disclose all third parties that publish content on our Services, however, we cannot guarantee to review all content published on our Services and therefore cannot guarantee that content on the Services will always conform to our Terms of Service.
8. Respecting other people’s rights
Bignest Inc. respects the rights of others, and we expect our users to do the same. You therefore may not use the Services in a manner that:
- violates or infringes someone else’s rights of publicity, privacy, copyright, trademark or other intellectual-property rights;
- spams or solicits our users.
You must also respect Bignest Inc.’s rights. These Terms of Service do not grant you any right to:
- use branding, logos, designs, photographs, videos or any other materials used in our Services;
- copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms of Service;
- use the Services, any tools provided by the Services or any content on the Services for any commercial purposes without our consent.
In short: you may not use the Services or the content on the Services in ways that are not authorised by these Terms of Service. Nor may you help anyone else to do so.
9. RESPECTING COPYRIGHT
Bignest Inc. honours the requirements set out in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. Bignest Inc. accepts no responsibility for any infringement upon copyrights held by third parties.
If Bignest Inc. becomes aware that one of its users or business affiliates has repeatedly infringed copyrights of Bignest Inc. or any other third party, we will take reasonable steps within our power to terminate the account of the user and or remove the third party who infringed upon the copyrights.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please send us an email at email@example.com, or you may file a notice with our designated agent:
Attn: Copyright Agent
Celovška cesta 291,
If you send us an email or file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
- contain the physical or electronic signature of a person authorised to act on behalf of the copyright owner;
- identify the copyrighted work claimed to have been infringed;
- identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
- provide your contact information, including your address, telephone number and an email address;
- provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law;
- provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorised to act on behalf of the copyright owner.
We strive to keep our Services a safe place for all our users. By using the Services, you agree that:
- You will not use the Services for any purpose that is illegal or prohibited in these Terms or Service.
- You will not use any robot, spider, crawler, scraper or other automated means or interface to access the Services or extract sensitive users' information.
- You will not use the Services in a way that could interfere with, disrupt, affect negatively or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services.
- You will not use or attempt to use another user’s account, username or password without their permission.
- You will not solicit login credentials from another user.
- You will not post content that contains pornography, graphic violence, threats, hate speech or incitements to violence.
- You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
- You will not attempt to circumvent any content-filtering techniques we employ or attempt to access areas or features of the Services that you are not authorised to access.
- You will not probe, scan or test the vulnerability of our Services or any system or network.
- You will not encourage or promote any activity that violates these Terms of Service.
11. YOUR ACCOUNT
You are responsible for any activity that occurs in your Bignest account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account, after all, that is exactly why we created Bignest’s vault.
One piece of warning: Because of the way Bignest was built, we do not store your passwords in any form on our servers, and therefore IF YOU LOSE OR FORGET YOUR MASTER PASSCODE, OR IF YOU ALSO LOSE YOUR RECOVERY KEY, YOU WILL NOT BE ABLE TO ACCESS YOUR ACCOUNT. We do not offer any passcode recovery service for your account (as we do not physically or digitally have your passcode in any readable format). You are solely responsible for remembering your passcode and securely storing your account recovery key.
By using the Services, you agree that, in addition to exercising common sense:
- You will not create another account if we have already disabled your account, unless you have our written permission to do so.
- You will not buy, sell, rent or lease access to your Bignest account, of any other Services linked to your Bignest account or username without our written permission.
- You will not share your password.
- You will not log in or attempt to access the Services through unauthorised third-party applications or clients.
- If you think that someone has gained access to your account, please reach out immediately to Bignest Support or email us at firstname.lastname@example.org
Bignest Inc. does not accept any responsibility for any damages or information theft occurring from unsafe computing from the user’s side.
12. DATA CHARGES
You are solely responsible for any data charges that you may incur for using our Services. If you’re unsure what those charges may be, you should ask your service provider before using our Services.
13. THIRD-PARTY SERVICES
If you use a service, feature or functionality that is operated by a third party and made available through our Services (including Services we offer jointly with the third party), each party’s terms will govern the respective party’s relationship with you. Bignest Inc. is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
14. MODIFYING THE SERVICES AND TERMINATION
We are continuously improving our Services and creating new ones. This means that we may add or remove features, products or functionalities and we may also suspend or stop the Services altogether. We may take any of these actions at any time and, when we do, we may not provide you with any notice beforehand.
While we hope that we stay in a lifelong relationship by building a Bignest you will love and use daily, you can terminate these Terms of Service at any time and for any reason by deleting your account.
Bignest Inc. may also terminate these Terms of Service with you at any time, for any reason, and without advance notice. This means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity and we may reclaim your username at any time for any reason.
Regardless of who terminates these Terms of Service, both you and Bignest Inc. continue to be bound by Sections 4, 5, 9, 15, 17 and 18 of the Terms of Services.
You agree, to the extent permitted by law, to indemnify, defend and hold harmless Bignest Inc., our affiliates, directors, officers, stockholders, employees, licensors and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms of Service.
We try to keep the Services up and running and free of annoyances, interferences, or errors. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, WHILE BIGNEST INC. ATTEMPTS TO PROVIDE A GOOD AND SECURE USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS OR IMPERFECTIONS; (C) ANY CONTENT, USER CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE; (D) THE SERVICES WILL CONTINUE TO BE MADE AVAILABLE; (E) DEFECTS FOUND IN THE SERVICES WILL BE CORRECTED; OR (F) THAT THE SERVICES WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE AND HARDWARE.
YOU FURTHER ACKNOWLEDGE THAT THE SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
BIGNEST INC. TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU CREATE, UPLOAD, SEND, RECEIVE, POST, OR STORE ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING OR OTHERWISE INAPPROPRIATE, NONE OF WHICH BIGNEST INC. WILL BE RESPONSIBLE FOR.
17. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIGNEST INC. AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; OR (B) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF BIGNEST INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BIGNEST INC.’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID BIGNEST INC., IF ANY, IN THE LAST 12 MONTHS.
18. ARBITRATION, CLASS-ACTION WAIVER AND JURY WAIVER
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND BIGNEST INC. TO AGREE TO RESOLVE ALL DISPUTES BETWEEN YOU AND BIGNEST INC. THROUGH BINDING INDIVIDUAL ARBITRATION.
a) Applicability of arbitration agreement. You and Bignest Inc. agree that all claims and disputes (whether contract, tort or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms of Service or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Bignest Inc. are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. To be clear: the phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms of Service.
b) Arbitration rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of these Terms of Service, or by calling the AAA on 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms of Service. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c) Additional rules for non-appearance arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
d) Fees. If you choose to arbitrate with Bignest Inc., you will have to pay the necessary fees to do so. Bignest Inc. reserves all rights to decide whether to reimburse you for your filing fee at the conclusion of the arbitration.
e) Authority of the arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Bignest Inc. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules and the Terms of Service. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Bignest Inc.
f) Waiver of jury trial. YOU AND BIGNEST INC. WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and BIGNEST Inc. are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Bignest Inc. over whether to vacate or enforce an arbitration award, YOU AND BIGNEST INC. WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
g) Waiver of class or consolidated actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN 1 CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR BE CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration: instead all claims and disputes will be resolved in a court as set out in Section 18.
h) Right to waive. Any rights and limitations set out in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
i) Arbitration agreement survival. This arbitration agreement will survive the termination of your relationship with Bignest Inc.
19. EXCLUSIVE VENUE
To the extent that these Terms of Service allow you or Bignest Inc. to initiate litigation in a court, both you and Bignest Inc. agree that all claims and disputes (whether contract, tort or otherwise), including statutory claims and disputes, arising out of or relating to the Terms of Service or the use of the Services will be litigated exclusively in the United States Court Of Chancery in the state of Delaware. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of Delaware. You and Bignest Inc. consent to the personal jurisdiction of both courts.
20. CHOICE OF LAW
Bignest Inc. is incorporated in Delaware and this agreement if based upon Delaware law, except to the extent when they are preempted by US federal law. Any claims and disputes (whether contract, tort or otherwise) arising out of or relating to these Terms of Service or their subject matter, will be governed by Delaware law.
If any provision of these Terms of Service is found unenforceable, then that provision will be severed from these Terms of Service and not affect the validity and enforceability of any remaining provisions.
22. ADDITIONAL TERMS FOR SPECIFIC SERVICES
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services. If any part of those additional terms and conditions conflicts with these Terms of Service, the additional terms and conditions will prevail.
23. FINAL TERMS
- These Terms of Service (together with any additional terms of service applicable to specific Services you use) make up the entire agreement between you and Bignest Inc. and supersede any prior agreements.
- These Terms of Service do not create or confer any third-party beneficiary rights.
- If we do not enforce a provision in these Terms of Service, it will not be considered a waiver.
- We reserve all rights not expressly granted to you.
- You may not transfer any of your rights or obligations under these Terms of Service without written consent from us.
You can always contact us for any comments, questions, concerns or suggestions, you may have. Our main email is email@example.com
Bignest Inc. is registered in the United States at 16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex, with our current operational headquarters located in European Union, Slovenia at Celovška cesta 291, 1000 Ljubljana. For all written communication with Bignest please use this address:
Celovška cesta 291,
or alternatively, send an email to our CEO: