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PLEASE READ THESE TERMS AND CONDITIONS (“TERMS OF USE”) CAREFULLY BEFORE USING THEWEBSITE AND SERVICES OFFERED BY BINDO LABS, INC. (“BINDO”). DO NOT ACCESS OR USE THE WEBSITEAT HTTP://BINDO.COM (THE “SITE”) IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF USE.
By accessing or using the Site, you are agreeing to these Terms of Service and concluding a legally binding contract with Bindo. These Terms of use apply to all users of the Site, including without limitation users who are vendors, customers, contributors of content, information and other materials or services on the Site.
Bindo acts as a venue to allow users, who comply with Bindo’s policies to offer, sell and buy certain products. Bindo is not directly involved in the transaction between buyers and sellers. As a result, Bindo has no control over the quality, safety, morality or legality of any aspect of the products listed, the truth or accuracy of the listings or reviews. Bindo does not pre-screen users of the content or information provided by users. Bindo cannot ensure that a buyer or seller will actually complete a transaction.
Eligibility — To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. If you are under 18, you may use Bindo.com only with involvement of a parent or guardian. Bindo reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Permission to Use the Service — Bindo grants you permission to use the Site subject to the restrictions in these Terms of Use. Your use of the Site is at your own risk.
Site Availability — Bindo does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Bindo’s control. The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
User Accounts — If you create an account to use the Site, you are responsible for maintaining the confidentiality of your account and password. Any use of your User Names or Passwords will be deemed to be your use and you are responsible for all activities that occur in connection with your account. You agree to notify Bindo immediately of any unauthorized use of your account. You agree that, unless you have first notified Bindo immediately of any such breach, Bindo should assume that any instruction transmitted using your User Name and Password is yours and has been authorized by you, and Bindo shall have no obligation to inquire into the propriety of such instruction. Bindo reserves the right to close your account at any time for any or no reason. You also agree that you will not engage in any activity that does not comply with U.S. law or other applicable law or regulations or otherwise engage in any illegal, manipulative or misleading activity. You also agree that you will not post any material that is defamatory, obscene or otherwise unlawful or violates any third party’s right of privacy or publicity. You also agree that you will not infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Site.
Definitions — “Content” means text, images, photos, audio, video, location data, and all other forms of data or communication.
“Your Content” means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, messages, and information that you publicly display or displayed in your account profile.
“Bindo Content” means Content that Bindo creates and makes available in connection with the Site.
“Site Content” means all of the Content that is made available in connection with the Site.
Responsibility for Your Content — You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Bindo. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. Bindo takes no responsibility and assumes no liability for any Content posted by you or any third party. By listing an item on the Bindo.com you warrant that you may legally sell the item and that you have accurately describe that item. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item.
Bindo’s right to use Your Content — You grant Bindo a license solely to enable Bindo to use Your Content, so that Bindo is not violating any rights you might have in that Content. You grant Bindo a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Bindo to store or re-format your Content on Site and display your Content on Site in any way as Bindo chooses. Bindo may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it and distributing it. You are not entitled to any compensation for such use. The manner, mode and extent of such use are subject to change without specific notice to you.
Right to remove content — Bindo has the right but not the obligation to monitor, remove, screen, edit, or reinstate any activity or content from time to time at Bindo’s sole discretion and without notice to you. Bindo has no obligation to retain or provide you with copies of Your Content, nor does Bindo guarantee any confidentiality with respect to Your Content.
Customer information — As part of a transaction, you may obtain personal information from a Bindo user. Such information shall only be used for that particular transaction. Bindo has not granted you a license to use the information for unsolicited commercial messages or any other use whatsoever. Without express consent from the user, you are not licensed to add any Bindo user to your email or physical mail list.
“Bindo”, and all Bindo graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Bindo Labs, Inc. in the U.S. and/or other countries. Bindo’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) ANDSERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDEDBY BINDO ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BINDOMAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THEOPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDINGSOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE,UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS ATYOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BINDO DISCLAIMS ALL WARRANTIES, EXPRESS ORIMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE. BINDO DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT,MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADEAVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENTFROM BINDO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BINDO WILL NOT BE LIABLEFOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION,CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISEMADE AVAILABLE TO YOU THROUGH THIS SITE, OR THAT RESULTING FROM MISTAKES, OMISSIONS,INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION ORTRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OFGOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BINDORECORDS, PROGRAMS OR SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION ORLIMITATION OF CERTAIN DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENTPERMITTED BY LAW. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU AGREE TO INDEMNIFY AND HOLD BINDO AND (AS APPLICABLE) BINDO’S PARENT, SUBSIDIARIES,AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND,INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OFYOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOURVIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
Bindo reserves the right to modify or terminate the Bindo service for any reason, without notice, at any time. Bindo reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Bindo makes a material change Bindo will notify you on the Site, by email, by means of a notice on our home page, or other places Bindo deems appropriate. What constitutes a “material change” will be determined at Bindo’s sole discretion, in good faith, and using common sense and reasonable judgment.
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Delaware, excluding its conflicts of laws rules, and the United States of America.
