Terms of Service
Effective date: 24.01.2020
Welcome to Bignest!
Thank you for joining Bignest and using our products and services, all of which we refer to simply as 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.”) and Bignest d.o.o. (a Slovene company with company registration number: 8392668000), located at Celovška cesta 291, 1000 Ljubljana, Slovenia, EU, with all our operational headquarters located at Celovška cesta 291, 1000 Ljubljana, Slovenia, EU (collectively, “Bignest Inc.”, “us”, or “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 will comply with these Terms of Service and all applicable local, state, national and international laws, rules and regulations.
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 Services
We are constantly innovating and introducing new ways for the user to 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: email@example.com.
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 parties 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.
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 third parties and their services to provide certain features 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 right.
- 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 firstname.lastname@example.org, or you may file a notice with our designated agent:
Attn: Copyright Agent
Celovška cesta 291,