Terms of Service
Bingie, Inc. Terms of Service
Contact Email: privacy@bingie.tv
Updated: May 13, 2020
Please read these Terms of Service ("Terms") carefully before using the https://www.bingie.tv website or mobile application (the "Service") operated by Bingie, Inc. ("us", "we", or "our").
Your use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, bots, machines and everyone else who wishes to use the Service.
By using the Service you agree to be bound by these Terms. If you do not consent to anything herein then you do cannot use our Service.
Communications
We require users to create an account prior to using our Service, which may be done using AppleID, phone number, email, or otherwise. By creating an account, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. You may, however, opt out of receiving any, or all, of these communications from us by contacting us or following the unsubscribe link or instructions provided in any email we send.
Content
Our Service allows you to comment, chat, share and otherwise make available (“post”) certain information, text, and other material ("Content"). You are responsible for the Content that you post, including its legality, reliability, and appropriateness.
Each time you make a post, you represent and warrant that:
your post does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person or entity,
your post is not and will not be defamatory, libelous or threatening in nature,
the post is not targeted to minors if the post or underlying Content is sexual, drug-related, violent, or otherwise R-rated or age-inappropriate in nature, and
you will not use the Service or make any post for the purpose of advertising or promoting any third-party product. We reserve the right to terminate anyone’s account if they breach any of these provisions, as determined by us in our sole discretion.
We take no responsibility and assume no liability for Content you or any third-party posts. However, by posting Content you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content. You agree this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. We have the right but not the obligation to monitor and edit all Content posted by users.
In addition, all Content we use in providing the Service is our intellectual property or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Accounts
When you create an account, you guarantee that you are above the age of 18 or that you are above the age of 13 and have the consent of your parents or legal guardians, and that the information you provide us is accurate, complete, and will remain current at all times. Inaccurate, incomplete, or obsolete information may result in the termination of your account.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and account. You agree to accept responsibility for any and all activities or actions that occur under your account and password, whether your password is for our Service or a third-party service such as Apple ID. You must notify us immediately if you become aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, and remove or edit content in our sole discretion.
Links to Other Web Sites
Our Service may contain links to and content from third party web sites or services that are not owned or controlled by us.
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities or individuals or their websites. You agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by your use of or reliance upon any content, goods or services available through any third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of third-party websites you visit.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Bingie and its licensee and licensors, and their employees, contractors, agents, officers and directors against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) use of the Service by you or any person using your account and password; (b) a breach of these Terms; or (c) Content posted through our Service.
Limitation of Liability
In no event shall we nor our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses resulting from (i) your use of or inability to use the Service; (ii) any conduct or content of any third-party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of our Service is at your sole risk. We provide our Service on an "AS IS" and "AS AVAILABLE" basis and without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
We do not warrant that (a) the Service will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.
Governing Law
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. You agree that all disputes arising out of these Terms shall be resolved exclusively in Los Angeles, California and according to expedited procedures of the American Arbitration Association, each party to bear their own costs, fees and expenses throughout the litigation, appellate and collections process.
No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right and sole discretion to modify or replace these Terms at any time. If we consider a revision to be material we will provide at least 30 days’ notice prior to any new terms taking effect.
By continuing to use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us in writing at:
privacy@bingie.tv