Terms and Conditions

This document states the terms and conditions ("Terms") upon which BigConverter will provide service to you, 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. If you do not agree to be bound by these Terms, navigate away from the Website and cease using it.

1. Eligibility

a. 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.

b. 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

a. 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") on your computer or mobile device consistent with these Terms. You may only access and use the Website for your personal and noncommercial use.

b. 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.

3. Intellectual Property

a. 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. We reserve all our rights over our Proprietary Materials.

b. 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

a. You are entirely responsible for any and all materials you upload, submit, transmit, create, modify or otherwise make available via the Website (collectively, "User Submissions"). User Submissions cannot always be withdrawn.

b. 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.

c. 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, unless you are the owner of such rights;
• Is obscene, vulgar, illegal, unlawful, defamatory, fraudulent, libelous, harmful, harassing, abusive, threatening, or otherwise inappropriate;
• Depicts illegal activities, promotes or depicts physical harm or injury against any group or individual;
• Impersonates any person or entity or otherwise misrepresents you in any way;
• Would constitute, encourage or provide instructions for a criminal offense;
• Is unsolicited or unauthorized advertising, promotion, "spam" or any other form of solicitation.

d. 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.

5. Content on the Website

a. 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.

b. 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.

c. Without limiting the provisions below on limitations of liability and disclaimers of warranties, all Content on the Website is provided to you "AS-IS" for your information and personal use only.

6. User Conduct

a. You represent and warrant that all the information and content provided by you to us is accurate and current and that you have all necessary rights, power and authority to agree to these Terms.

b. As a condition of your use of the Website:

• You agree not to use the Website for any unlawful purpose or in any way that is prohibited by these Terms;
• You agree to abide by all applicable local, state, national and international laws and regulations;
• You agree not to use the Website in any way that exposes us to criminal or civil liability;
• You agree not to use any automated means, including robots, crawlers or data mining tools, to download, monitor or use data or Content from the Website;
• You agree not to take any action that imposes an unreasonable or disproportionately large load on our technology infrastructure;
• You agree not to disable, circumvent, or otherwise interfere with security related features of the Website;
• You agree not to license, sublicense, sell, resell, transfer, assign, distribute or otherwise make available the Website or any Content to any third party;
• You agree not to reverse engineer any portion of the Website.

7. Services on the Website

a. You acknowledge that the Website is a general-purpose search engine and tool. The Website allows you to search multiple websites for music and videos and download audio files from videos.

The Website may only be used in accordance with law. We do not encourage, condone, induce or allow any use of the Website that may be in violation of any law.

b. We do not store any User Submissions for anything longer than a transitory period of time to give users chance to download their content.

8. Fees

a. You acknowledge that we reserve the right to charge for any or all of our services and to change our fees from time to time in our sole discretion.

9. Privacy Policy

a. We retain a separate Privacy Policy and your assent to these Terms also signifies your assent to the Privacy Policy. We reserve the right to amend the Privacy Policy at any time by posting such amendments to the Website.

10. Copyright Claims

a. 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.

b. Although we are not subject to United States law, we voluntarily comply with the Digital Millennium Copyright Act. If you believe that any of your copyrighted material is being infringed on the Website, please contact us through our Contact page.

11. Modification of These Terms

a. We reserve the right to amend these Terms at any time by posting such amended Terms to the Website. 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. Indemnification and Release

a. 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.

b. In the event that you have a dispute with one or more other users or any third parties, you hereby release us, our officers, employees, agents and successors-in-right from claims, demands and damages of every kind or nature, known and unknown, arising out of or in any way related to such disputes and/or the Website.

13. Disclaimer of Warranties and Limitations of Liabilities

Read this section carefully as it limits our liability to the maximum extent permitted under applicable law.

a. The Website may contain links to third-party websites which are independent of us. We assume no responsibility for the content, privacy policies, or practices of any third party websites.

b. The Website is provided "AS-IS" and without any warranty or condition, express, implied or statutory. We specifically disclaim to the fullest extent any implied warranties of merchantability, fitness for a particular purpose, non-infringement, information accuracy, integration, interoperability or quiet enjoyment.

c. Under no circumstances shall we be liable for direct, indirect, incidental, special, consequential or exemplary damages resulting from any aspect of your use of the Website.

d. Your sole and exclusive right and remedy in case of dissatisfaction with the Website or any other grievance shall be the termination of your use of the Website.

14. Legal Disputes

a. To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of The Netherlands without regard to conflict of law provisions.

You agree that you may bring claims only in your individual capacity and not as a plaintiff or class member in any purported class or representative action.

15. General Terms

These Terms, as amended from time to time, constitute the entire agreement between you and us and supersede all prior agreements between you and us and may not be modified without our written consent.

Our failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent, but may be assigned or transferred by us without restriction.