Terms

BINI TERMS AND CONDITIONS

Effective: August 25, 2016

Thank you for deciding to use our products and services hereinafter referred to as the "Services."

The purpose of these Terms of Service (the “Terms) is to provide users with the rules that govern the relationship with Bini LLC. These Terms do indeed form a legally binding contract between Bini LLC and the user. So please read them carefully.

By using the Services, you agree to the Terms.

THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND BINI AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND BINI WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

CONTENT BOUNDARIES AND USE OF BINI. 13 is the minimum age permitted to create an account or use the Services. Additional Services with additional terms may require you to be even older to use them. So please read all terms carefully.

By using the Services, you acknowledge that:you are not a person who is barred from receiving the Services under any applicable jurisdiction; you have the legal capacity to form a contract with Bini, and; you will comply with these Terms and all applicable laws, rules, and regulations. If you are using the Services on behalf of a business or some other entity, you acknowledge that you are authorized to issue all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.

LICENSE. User published Content remains the intellectual property of the individual user. By posting Content on Bini, you expressly grant Bini a non-exclusive, perpetual, royalty-free, revocable worldwide, fully sub-licensable right to access and use the services, in perpetuity. 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 applicable laws prohibit these restrictions or you have our written permission to do so.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You can adjust these downloads through your device's settings.

Any such User Submissions are deemed non-confidential and Company shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.

RIGHTS GRANTED TO BINI. Bini shall not claim ownership rights regarding images, photos, text, files, video, sounds, musical works, authorship works, applications, or any other materials (collectively, "Content") that posted by users on the Bini Services. By posting any Content on or through the Bini Services, you expressly grant Bini a non-exclusive, perpetual, royalty-free, revocable worldwide, fully sub-licensable right to access and use the services, including without limitation distributing part or all of the Site in any media formats through any media channels, except private content which shall not be distributed outside the Bini Services. Bini shall not be liable for illegal activities conducted by any user.

BINI services contain Content belonging to BINI. This Content is protected by copyright, trademark, patent, trade secret and other laws, and BINI owns and retains all rights in the Content. BINI hereby grants the user a limited, revocable, non-sublicensable license to reproduce and display the Bini Content (excluding any software code) solely for personal use in connection with viewing the Site and using the Bini Services.

The user declares that the Content posted on BINI belongs to the user, or the user has a licence to use the Content. Posting and use of your Content on or through the BINI Services does not breach any privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, Posting of your Content on the Site does not result in a breach of contract between you and a third party. Bini user agrees to pay for all royalties, fees, and any other monies owing to any person by reason of Content posted on or through BINI.

Some of the Bini Services are supported by advertising revenue and may display advertisements and promotions, and Bini user hereby agree that Bini may place such advertising and promotions on the Bini Services or on, about, or in conjunction with Bini user Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to Bini user. Services provided by Bini may contain Content of Users and other licensors. Except as provided herein, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through Bini.

Even though, the the service offered by BINI are typically available, there will be occasions when the application will not be available beyond the control of BINI. BINI reserves the right to delete any Content for any reason, without prior notice. This content may be kept by BINI in order to comply with certain legal obligations and is not retrievable without a valid court order. BINI encourages its users to keep their own backup of Content.

BINI performs technical functions necessary to offer the BINI Services, including but not limited modifying to transcoding and/or reformatting Content to allow its use throughout the BINI Services.

THIRD PARTY CONTENT. Much of the content uploaded on Bini is produced by third parties. No matter how the content is posted, the content is the exclusive responsibility of the Bini user that submitted it. Although Bini reserves the right to review all content that appears it shall not be responsible for any content that third parties submit through the Services.

Through these Terms and the Guidelines, it is made clear that the Services may not be put to bad uses. Bini does not represent nor warrant that all Services will conform to the Terms or Guidelines.

PRIVACY POLICY. By using Bini Services, users agree that Bini can collect information as established in the Bini Privacy Policy. Bini users should thus be aware of the content of the privacy policy in order to understand how Content is handled.

THIRD PARTY RIGHTS. BINI respects the rights of others. And so should you. Bini user therefore may not upload, post, send, or store content that:(i) interferes with Third Party privacy rights or other intellectual-property right; (ii) bullies, harasses, or intimidates; defames; pretends to be another user; creates content for other users without prior authorization; (iii) creates Bini accounts through unauthorized means (iv) uses our identity on similar apps or websites; (v) modifies, or hacks Bini or changes references another app or website so as to falsely imply that it is associated with Bini (vi) implants worms or viruses or spams, trolls or solicits other users.

You must also respect Bini’s rights. These Terms do not grant you any right to:(i) use any materials used in our Services; (ii) use any portion of the Services or the content on the Services except as set forth in these Terms; (iii) use the Services or any content on the Services for any commercial purposes without our consent.

COPYRIGHT. Bini will take reasonable steps to quickly remove from our Services any infringing material that Bini is aware of. If Bini becomes aware that one of its users has repeatedly infringe copyrights, Bini will take reasonable steps to terminate the user's account.

If you believe that anything on the Services infringes a copyright that you own or control, please file a notice with our designated agent:
Bini, LLC. Attn: Copyright Agent email: .com

INTENDED USE. By using Bini, you Bini user expressly agrees that: (i) it will not use the Services for any purpose that is illegal or prohibited in these Terms. (ii) it will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or obtain other user's information. (iii) it will not use or develop any third-party applications that interact with the Services or other user's content or information without our written consent. (iv) it will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services. (v) it will not use or attempt to use another user's account, username, or password without their permission.(vi) it will not solicit login credentials from another user. (vii) it will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence. (vii) it will not upload viruses or other malicious code or otherwise compromise the security of the Services. (viii) it 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 authorized to access; (ix) it will not probe, scan, or test the vulnerability of our Services or any system or network.(x) it will not encourage or promote any activity that violates these Terms.

Bini is not liable for any physical injury sustained while using the services.

ACCOUNT. Bini users must select a strong password.

By using the Services, Bini users agree that, in addition to exercising common sense: (i) it will not create more than one account for itself; (ii) it will not create another account if Bini disabled Bini users other account, unless; (iii) Bini user has Bini’s consent in writing to do so; (iv) It will not buy, sell, rent, or lease access its Bini account, other Bini users, a Bini username, or any non Bini link without Bini’s prior written consent; (v) it will not share its password; (vi) it will not log in or attempt to access the Services through unauthorized third-party applications or clients; (vi) If it thinks that someone has gained access its your account, Bini user must immediately reach out to Bini Support.

PURCHASES AND PAYMENTS. It is Bini user’s sole responsibility to manage its purchases. If Bini user is under 18 (or younger than the age of legal majority in Bini users place of residence), Bini user must obtain his or her parent's or guardian's consent before making any purchases.

Bini does not transmit any funds and is not a money-services business. To the extent such functionality is made available in the Services, it is provided by an unaffiliated third party, and like any other third-party service, subject to that third party's separate terms of use.

Bini may have a 3rd party providers in the future and when that condition occurs, shall not be responsible for any actions that contravene these terms.

DATA CHARGES AND MOBILE PHONES. Bini users are responsible for any mobile charges that may be incurred for using Bini Services, including text-messaging and data charges. If Bini user changes or deactivate the mobile phone number used to create a Bini account, Bini user must update its account information through Settings within 48 hours to prevent Bini from sending messages to someone else.

MODIFICATION AND TERMINATION. Bini users may terminate these Terms at any time and for any reason by deleting their account.

Bini may also terminate these Terms at any time, for any reason, and without prior notice.

Regardless of who terminates these Terms, both Bini user and Bini continue to be bound by certain Terms derived from this agreement.

Bini may add or remove features, products, or functionalities, and may also suspend or stop the Services altogether without providing the Bini user any notice.

INDEMNITY. User shall fully indemnify, hold harmless and defend (collectively “indemnify” and “indemnification”) Bini and its directors, officers, employees, agents, stockholders and Affiliates (collectively, “Indemnified Parties”) from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, arising from or in connection with violations of copyright or other intellectual property or other rights of third parties due to, or arising in any way to your access to or use of the Services; your Content and any breach of these Terms.

DISCLAIMERS. This application is provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by law, Bini makes no representations, warranties or conditions of any kind, express or implied, as to the operation of the app or the information or substance included on the app.

Bini makes no representations or warranties that the site app will be continuous, without glitches, mistake-free, virus-free, secure or judicious. To the maximum extent permitted by law, Bini hereby expressly disclaims all representations, warranties or conditions of each and every kind, whether express or implied, including but not limited to the implied representations, warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement and those arising from a course of dealing, trade, usage or performance. Some jurisdictions disallow restrictions on implied warranties, and therefore, in those jurisdictions, some of the above restrictions may not apply. Bini takes no responsibility for any costs or damages you incur as a result of use of this application.

LIABILITY LIMITATIONS. In no event will Bini, or any of its officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this application, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this app, any websites linked to this app, or the materials, information or services contained on any or all such web sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. You specifically acknowledge that company shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you. The foregoing limitations of liability do not apply to the extent prohibited by law. Local law shall apply to such prohibitions

ARBITRATION, CLASS WAIVER, AND JURY WAIVER. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its AAA Consumer Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be San Jose, California. California law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration of existing disputes may be accomplished by use of the following: We, the undersigned parties, hereby agree to submit to arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. We further agree that the controversies be submitted to one 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. The parties will faithfully observe this agreement and the rules, and abide by and perform any award rendered by the arbitrator, and that a judgment of any court having jurisdiction may be entered on the award.

BINI USER AND BINI WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. Bini user and Bini 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 Bini over whether to vacate or enforce an arbitration award, BINI USER AND BINI WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

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 ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Any rights and limitations set forth 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.

This arbitration agreement will survive the termination of your relationship with Bini.

EXCLUSIVE VENUE. To the extent the parties are permitted under these Terms to initiate litigation in a court, both parties agree that all claims and disputes arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the Northern District of California. If, however, that court would lack original jurisdiction over the litigation, then all claims and disputes arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the Superior Court of California, County of Santa Clara. Bini user and Bini consent to the personal jurisdiction of both courts.

CHOICE OF LAW. Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.

SEVERABILITY. If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

MISCELLANEOUS. These Terms make up the entire agreement between Bini user and Bini, and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights.

If we do not enforce a provision in these Terms, it will not be considered a waiver. Bini reserves all rights not expressly granted to Bini user.

Bini user may not transfer any of your rights or obligations under these Terms without prior consent from Bini.

These Terms were written in English and to the extent the translated version of these Terms conflict with the English version, the English version will control.

Given the nature of the business, additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of this agreement if Bini user chooses to use those Services.

CONTACT. Please send any comments, questions, concerns, or suggestions feedback to us through the contact form.