Terms of use

Please review these terms and conditions of use carefully before using our websites, including, without limitation, the following websites: Bigconv.com

This document states the terms and conditions („Terms”) upon which bigconv.com („we” or „us”) will provide service to you on its websites, including, without limitation, the above listed websites (collectively, the „Website”). These Terms constitute a contractual agreement between you and us. By visiting, accessing, using, and/or joining (collectively „using”) the Website, you express your understanding and acceptance of these Terms. As used in this document, the terms „you” or „your” refers to you, any entity you represent, your or its representatives, successors, assigns and affiliates, and any of your or their devices. If you do not agree to be bound by these Terms, navigate away from the Website and cease using it.

1. Eligibility

You must be at least eighteen (18) years of age to use the Website, unless the age of majority in your jurisdiction is greater than eighteen (18) years of age, in which case you must be at least the age of majority in your jurisdiction. Use of the Website is not permitted where prohibited by law. The consideration for your acceptance of these Terms is that we are providing you the Grant of Use to use the Website pursuant to Section 2 hereof. You acknowledge and agree that this consideration is adequate and that you have received the consideration.

2. Grant of Use

We grant you a non-exclusive, non-transferable and limited right to access, non-publicly display, and use the Website, including all content available therein (the „Content”) (subject to the restrictions of the Website) on your computer or mobile device consistent with these Terms. You may only access and use the Website for your personal and noncommercial use.

This grant is terminable by us at will for any reason and at our sole discretion, with or without prior notice. Upon termination, we may, but shall not be obligated to: (i) delete or deactivate your account, (ii) block your e-mail and/or IP addresses or otherwise terminate your use of and ability to use the Website, and/or (iii) remove and/or delete any of your User Submissions (defined below). You agree not to use or attempt to use the Website after said termination. Upon termination, the grant of your right to use the Website shall terminate, but all other portions of these Terms shall survive. You acknowledge that we are not responsible to you or any third party for the termination of your grant of use.

3. Intellectual Property

The Content on the Website, excluding User Submissions and Third Party Content (defined below), but including other text, graphical images, photographs, music, video, software, scripts and trademarks, service marks and logos contained therein (collectively „Proprietary Materials”), are owned by and/or licensed to us. All Proprietary Materials are subject to copyright, trademark and/or other rights under the laws of applicable jurisdictions, including domestic laws, foreign laws, and international conventions. We reserve all our rights over our Proprietary Materials. Except as otherwise explicitly permitted, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any other way exploit, in whole or in part, any Content.

4. User Submissions

You are entirely responsible for any and all materials you upload, submit, transmit, create, modify or otherwise make available via the Website, including any sound files that you create, modify, transmit or download through the Website (collectively, „User Submissions”). User Submissions cannot always be withdrawn. You acknowledge that any disclosure of personal information in User Submissions may make you personally identifiable and that we do not guarantee any confidentiality with respect to User Submissions.

You shall be solely responsible for any and all of your own User Submissions and any and all consequences of uploading, submitting, modifying, transmitting, creating or otherwise making available the User Submissions. For any and all of your User Submissions, you affirm, represent and warrant that:

You own or have the necessary licenses, permissions, rights or consents to use and authorize us to use all trademarks, copyrights, trade secrets or other proprietary rights in and to User Submissions for any and all uses contemplated by the Website and these Terms;

You will not post, or allow anyone else to post, any material that depicts any sexually explicit acts; and You have written consent, release, and/or permission from each and every identifiable individual in the User Submission to use the name and/or likeness of each and every such identifiable individual to enable use of the User Submission for any and all uses contemplated by the Websites and these Terms.

You further agree that you shall not upload, submit, create, transmit, modify or otherwise make available material that: Is copyrighted, protected by trade secret or trademark laws, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have explicit permission from the rightful owner to submit the material and to grant us all of the license rights granted herein;

s obscene, vulgar, illegal, unlawful, defamatory, fraudulent, libelous, harmful, harassing, abusive, threatening, invasive of privacy or publicity rights, hateful, racially or ethnically offensive, inflammatory, or otherwise inappropriate as decided by us in our sole discretion;

Depicts illegal activities, promotes or depicts physical harm or injury against any group or individual, or promotes or depicts any act of cruelty to animals;

Impersonates any person or entity or otherwise misrepresents you in any way, including creating a false identity; Would constitute, encourage or provide instructions for a criminal offense, a violation of the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; or Is unsolicited or unauthorized advertising, promotion, „spam” or any other form of solicitation.

We claim no ownership or control over User Submissions or Third Party Content. You or a third-party licensor, as appropriate, retain all copyrights to User Submissions and you are responsible for protecting those rights as appropriate. You irrevocably grant us a world-wide, non-exclusive, royalty-free, perpetual, non-cancelable, sub-licenseable license to reproduce, publicly perform, publicly display, distribute, adapt, modify, publish, translate, create derivative works of and otherwise exploit User Submissions for any purpose, including without limitation any purpose contemplated by the Website and these Terms. You also irrevocably waive and cause to be waived against us and any of our users any claims and assertions of moral rights or attribution with respect to User Submissions.

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to User Submissions. Specifically, you represent and warrant that you own the title to the User Submissions, that you have the right to upload, modify, access, transmit, create or otherwise make available the User Submissions on the Website, and that uploading the User Submissions will not infringe upon any other party's rights or your contractual obligations to other parties.

You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any User Submission for any reason, or for no reason at all, with or without notice.

Without limiting the other indemnification provisions herein, you agree to defend us against any claim, demand, suit or proceeding made or brought against us by a third-party alleging that your User Submissions or your use of the Website in violation of these Terms infringes or misappropriates the intellectual property rights of any third-party or violates applicable law and you shall indemnify us for any and all damages against us and for reasonable attorney's fees and other costs incurred by us in connection with any such claim, demand, suit or proceeding.

5. Content on the Website

You understand and acknowledge that, when using the Website, you will be exposed to content from a variety of sources including content made available on the Website by other users, services, parties and through automated or other means (collectively, „Third Party Content”) and that we do not control and are not responsible for any Third Party Content. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or otherwise objectionable or may cause harm to your computer systems and, without limiting the other limitation of liability provisions herein, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto.

We claim no ownership or control over Third Party Content. Third parties retain all rights to Third Party Content and they are responsible for protecting their rights as appropriate.

You understand and acknowledge that we assume no responsibility whatsoever for monitoring the Website for inappropriate content or conduct. If at any time we choose, in our sole discretion, to monitor such content, we assume no responsibility for such content, have no obligation to modify or remove any such content (including User Submissions and Third Party Content), and assume no responsibility for the conduct of others submitting any such content (including User Submissions and Third Party Content).

Without limiting the provisions below on limitations of liability and disclaimers of warranties, all Content (including User Submissions and Third Party Content) on the Website is provided to you „AS-IS” for your information and personal use only and you shall not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any other purpose whatsoever the Content without the prior written consent of the respective owners/licensors of the Content.

You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any Content for any reason, or for no reason at all, with or without notice.

6. User Conduct

a. You show and authorize that all the information you provided and the content that you submitted is accurate and up-to-date, and that you have the needed rights, authority, and power to (i) comply with these Terms, (ii) provide us your User Submissions, amd (iii) carry out the acts require to you by these Terms.

b. You unequivocally authorize us to record and monitor any of your activities on the website.

c. So you can use the website, you hereby agree:

i. To use the website legally and not for any illegal or unlawful purpose, and in any way that is in violation of these Terms;

ii. To concede to all applicable laws and regulations whether that’s local, national, or international;

iii. Not use the website in a manner that may lead us to exposure of criminal and civil liability;

iv. To be solely responsible for all acts and failings that may occur as a result of using the website;

v. That you have all the rights and authority to provide us your User Submissions and handle and manage them through or on our website;

vi. Not to use any data mining tools, robots, crawlers, or any other automated means monitor, download, or use the content or data from the website;

vii. Not to harass or stalk anyone by way of our website;

ix. Not to falsify headers or other data that hides the origin of any transmitted informations;

x. Not to interfere with the website’s security-related features that may prevent or impede the copying or using of content or may hamper the use of the website or its content;

xi. Not to commercially exploit the website or make its content available to any third party. You acknowledge that you would not license, sell, transfer, or distribute any content of the website to any third party;

xii. Not to make available through the website content that has viruses, malware, or any file and programs created to destroy the function of the computer system, software, hardware, or equipment;

xiii. Not to “mirror” or “frame” the website, meaning to make it viewable on your own website or other websites;

xiv. Not to reverse-engineer any part of the website.

d. We reserve the right to take pertinent action against anyone that uses the website illegally, including the termination of the grant of use. Any usage of the website that are not specified in these Terms are deemed illegal and unauthorized and is a violation of these Terms and may also be a violation of certain local, national, or international laws.

e. In addition to the termination of the use, any violation of the Agreement including the provisions of Sections 6 (The User Conduct) shall make you answerable to converted damages amounting to $10,000 (TEN THOUSAND DOLLARS) for each violation. If the violation emanates to legal action or results to physical or emotional harm to any party, you shall be answerable to liquidated indemnities or damages amounting to $150,000 (ONE HUNDRED FIFTY THOUSAND DOLLARS) for each violation. At our discretion, we may assign a portion of the damages to any third party you may have wronged. These converted monetary damages are not penalties but an attempt from all the parties involved to ascertain the extent of the damage that may take place after a violation. You agree that the amount stipulated is a minimum and if the damages are ascertained to be greater than the amount stated therein, you are liable for the greater amount. If a court of competent jurisdiction rules that the liquidated damages are unenforceable, then the amount shall be lowered up until the extent that the amount can be enforceable.

7. Services

You acknowldge that the website is a general purpose tool and a search engine. In particular, but without restriction, the website allows you to search music on YouTube. Additionally, the website allows you to download audio from videos on YouTube. Hence, the website may only be used in accordance with this purpose. Any violation of the law is never encouraged and condoned.

You acknowledge that the website is a general purpose tool and a search engine. In particular, but without restriction, the website allows you to search music on YouTube. Additionally, the website allows you to download audio from videos on YouTube. Hence, the website may only be used in accordance with this purpose. Any violation of the law is never encouraged and condoned.

We do not store or keep a copy of User Submissions until a reasonable and brief period of time that enables users to download their content.

8. Fees

You accede that we reserve the right to impose payment on all our services and to make changes to our fees and subscriptions from time to time. If you have breached these Terms and we decided to terminate your grant of use, you shall not hold the right to a refund, whether in full or in part. Also, such fees shall be regulated by additional terms, rules, agreements, or conditions that will be posted in the website and/or established by a payment processing company or by any sales agent, as may be modified from time to time.

9. Privacy Policy

a. We keep a separate Privacy Policy and your acceptance of these Terms automatically signifies your consent to the Privacy Policy. We hold on to the right to amend the Privacy Policy at any moment by putting such amendments on the website. You will not be notified regarding these amendments other than it’s posting. If you still use the website after these amendments are posted, it establishes your acceptance of the changes even if you have not read it.

10. Copyright Claims

We respect the intellectual property rights of others. You may not infringe the copyright, trademark or other proprietary informational rights of any party. We may in our sole discretion remove any Content we have reason to believe violates any of the intellectual property rights of others and may terminate your use of the Website if you submit any such Content.

REPEAT INFRINGER POLICY. AS PART OF OUR REPEAT-INFRINGEMENT POLICY, ANY USER FOR WHOSE MATERIAL WE RECEIVE THREE GOOD-FAITH AND EFFECTIVE COMPLAINTS WITHIN ANY CONTIGUOUS SIX-MONTH PERIOD WILL HAVE HIS GRANT OF USE OF THE WEBSITE TERMINATED.

Although we are not subject to United States law, we voluntarily comply with the Digital Millennium Copyright Act. Pursuant to Title 17, Section 512(c)(2) of the United States Code, if you believe that any of your copyrighted material is being infringed on the Website, we have designated an agent to receive notifications of claimed copyright infringement. Notifications should be send via our contact form

All notifications not relevant to us or ineffective under the law will receive no response or action thereupon. An effective notification of claimed infringement must be a written communication to our agent that includes substantially the following:

Identification of the copyrighted work that is believed to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., a URL) of an authorized version of the work;

Identification of the material that is believed to be infringing and its location or, for search results, identification of the reference or link to material or activity claimed to be infringing. Please describe the material and provide a URL or any other pertinent information that will allow us to locate the material on the Website or on the Internet; Information that will allow us to contact you, including your address, telephone number and, if available, your e-mail address;

A statement that you have a good faith belief that the use of the material complained of is not authorized by you, your agent or the law;

A statement that the information in the notification is accurate and that under penalty of perjury that you are the owner or are authorized to act on behalf of the owner of the work that is allegedly infringed; and A physical or electronic signature from the copyright holder or an authorized representative.

If your User Submission or a search result to your website is removed pursuant to a notification of claimed copyright infringement, you may provide us with a counter-notification, which must be a written communication to our above listed agent and satisfactory to us that includes substantially the following:

Your physical or electronic signature;

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

Your name, address, telephone number, email address and a statement that you consent to the jurisdiction of the courts in the address you provided, Netherlands and the location(s) in which the purported copyright owner is located;

A statement that you will accept service of process from the purported copyright owner or its agent.

11. Modification of These Terms

We reserve the right to amend these Terms at any time by posting such amended Terms to the Website. No other notification may be made to you about any amendments. YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THE WEBSITE FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM.

12. Release and Indemnification

You hereby agree to indemnify us and hold us harmless from any and all damages and third-party claims and expenses, including attorney's fees, arising from your use of the Website and/or from your breach of these Terms. In the event that you have a dispute with one of more other users or any third parties, you hereby release us, our officers, employees, agents and successors-in-right from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Website.

13. Disclaimer of Warranties and Limitations of Liabilities

Please read this section thoroughly as it limits our liability to the maximum extent allowable under applicable law (and no further).

The website may have links connecting to third-party websites which are totally independent from us. We are in no way answerable or responsible for any of those third-party websites’ content , practices, privacy policies, and authenticity of information. We don’t have the right nor the capacity to edit and modify the content of these websites. You accept that we are not liable from anything that may arise from your usage of these third-party websites..

The website is provided as is, which means, you are using the services at your own risk and there is no warranty, statutory or implied. We expressly and specifically disclaim to the fullest extent any implied warranties of merchantability, non-infringement, accuracy of information, integration, suitability for a particular purpose, quiet enjoyment, or interoperability. We disclaim any warranties for viruses, malware, and other harmful components in relation to our website and the use of the website’s service. There are some jurisdictions that do not avow the disclaimer of implied warranties, therefore in such areas of authority, some of the aforementioned disclaimers may not be applicable to you or be limited inasmuch as they relate to such implied warranties.

UNDER NO CONDITIONS SHALL WE BE RESPONSIBLE AND LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM ANY FACET OF YOUR USE OF THE WEBSITE, WHETHER, WITH LIMITATION, SUCH DAMAGES IS A PRODUCT OF (i) YOUR USE, MISUSE, MISHANDLING OR INCAPABILITY OF USING THE WEBSITE; (ii) YOUR DEPENDENCE ON ANY CONTENT ON THE WEBSITE, (iii) THE SUSPENSION, INTERRUPTION, MODIFICATION, AND COMPLETE DISCONTINUATION OF THE WEBSITE OR (iv) THE TERMINATION OF OUR SERVICES WITH OUR DISCRETION. THESE LIMITATIONS ARE ALSO APPLICABLE WITH RESPECT TO DAMAGES THAT RESULTED BECAUSE OF THE USE OF OTHER SERVICES AND/OR PRODUCTS ADVERTISED OR RECEIVED IN CONNECTION WITH THE WEBSITE.

WE DO NOT GUARANTEE THAT (i) THE WEBSITE WILL COMPLETELY MEET YOUR EXPECTATIONS AND REQUIREMENTS; (ii) THE WEBSITE WILL BE ERROR-FREE, 100% SECURE, UNINTERRUPTED, AND ALWAYS TIMELY; (iii) THE OPERATIONS AND RESULTS OBTAINED FROM THE WEBSITE’S SERVICES WILL ALWAYS BE RELIABLE AND ACCURATE; (iv) THE QUALITY OF THE RESULTS, SERVICES, INFORMATION, CONTENT OR ANY OTHER MATERIAL ACQUIRED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY INACCURACIES AND ERRORS IN THE CONTENT WILL BE FIXED OR CORRECTED.

ANY CONTENT THAT YOU PROCURED FROM THE WEBSITE IS OBTAINED AT YOUR OWN RISK AND DISCRETION. IF THE CONTENT RESULTS TO DAMAGE OR DATA LOSS TO YOUR COMPUTER SYSTEM OR DEVICE, YOU ARE SOLELY RESPONSIBLE FOR IT.

THE ONLY REMEDY TO YOUR DISSATISFACTION WITH THE WEBSITE IS TO TERMINATE THE USE OF OUR WEBSITE. THIS IS YOUR SOLE AND EXCLUSIVE RIGHT. WITHOUT LIMITING THE AFOREMENTIONED, IN NO INSTANCE WHERE OUR MAXIMUM LIABILITY ARISING FROM OR IN RELATION TO THE USE OF OUR WEBSITES EXCEED $100 (ONE HUNDRED DOLLARS).

14. Legal Disputes

To the full extent allowed by the law, these Terms as well as any claims, causes of action, or disputes that may come into being between you and us, are regulated by the laws of Anguilla without considering the conflict of law provisions. FOR ANY ASSERTIONS AND CLAIMS BROUGHT BY YOU AGAINST US, YOU AGREE TO DEFER AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF THE COURTS IN ANGUILLA. FOR ANY ASSERTIONS AND CLAIMS BROUGHT BY YOU AGAINST US, YOU AGREE TO DEFER AND CONSENT TO THE PERSONAL JURISDICTION IN AND THE VENUE OF THE COURTS IN ANGUILLA AND ANYWHERE ELSE YOU MAY BE FOUND. You, by means of this, waive any of your rights to look for another venue because of an inconvenient and improper setting.

YOU ALSO AGREE THAT YOU MAY ONLY SERVE AND BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS SUIT OR REPRESENTATIVE ACTION.

You hereby acknowledge that as part of the consideration of these Terms, you are herewith waiving any right you may have to a trial in front of a jury for any conflict between you and us that results from or in relation to the use of the website and these Terms. This provision shall be enforceable even in the event that any arbitration provisions or any other type of provisions of this section are waived.

15. General Terms

These Terms, as modified and amended on occasion, comprise the entire agreement between you and us and override all previous agreements between you and us and may not be altered without our written consent.

Our failure or oversight in enforcing any provision of these Terms shall not be construed as waiver of our right or any provision.

Nothing in these Terms is intended or regarded to bestow rights of remedies upon any third party.

These Terms are not transferable, sub-licenseable, and assignable by you with the exception of our prior written consent, but may be transferred or assigned only by us without limitation or restriction.

You agree and consent that we may provide you with announcements and notices through postings on the website, email, or regular mail.

The section titles of these Terms are for the purpose of easy understanding and does not bear any legal or contractual effect.

The term “including” in these Terms is for explanatory purposes, and is therefore illustrative and not restrictive.

If this agreement is translated into another language and results in an otherwise unclear or conflicting version, the English version shall take control.