Binder Terms and Conditions of Use
Effective date 06.21.2020
Hereby document governs the relationship between you and Yvision LLC, a USA company (reg number 7297714), with its address 16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex (“Binder” or “Yvision” or “us” or “we”) regarding your use of the application (the “App”), websites and related services (the “Service” or “Services”), including all information, text, graphics, software, and services, available for your use.
We as well reserve the right to terminate or restrict access to the website and App for any reason whatsoever at its sole discretion.
2. Eligibility and Account issues
Here are the requirements for the Account creation You must be at least 18 years old.
In the event you decide to leave, you can send us a request upon deletion of your Account at any time via email@example.com your Account will be deleted immediately but it may take a little while for your Content (defined below) to be completely removed from the App. We will save your profile information in case you realize you miss us and you decide to restore your Account (which you can do within 30 days of de-activating your Account). If you delete your Account and try to create a new account within this time period using the same credentials, we will re-activate your Account for you. We reserve the right at our sole discretion to terminate or suspend any Account.
You are responsible for maintaining the confidentiality of your login credentials you use to sign up, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your Account, please contact us.
Please be aware, that the e-mail address that you use for Account creation will be automatically inserted as your contact and will be seen to us and other users. In the event you change it, it will be automatically seen by the others. We are not liable for the third-party activities and have no control upon the way it may be used, so be wise while posting your contact. We are not responsible neither for your contact sharing by other users, nor for yours misbehavior of that kind.
We believe that easy networking takes place when it’s possible to meet in private, that is why we ask for your location in App if you turn off the location you won’t be able to enjoy the App, so if you see the request to enable geolocation, do not ignore it. Please be aware that location feature is suitable for the accuracy of match.
3. Community and content rules
Any content provided by you, other members or us shall be in compliance with laws, regulations, and rules that users are accustomed to while communicating via apps and websites:
3.1 We do not allow any content that:
• contains spam or is spam
• contains any info about another person
• eems to us bully, “stalk,” intimidate, assaulting, harassing, mistreating or defaming
• infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right
• signify on threatening, pornographic materials; incites violence; or contains nudity or graphic or gratuitous violence
• promotes or encourages racism, bigotry, hatred or physical harm of any kind against any group or individual. is abusive, insulting or threatening, discrimination of any kind
• solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission
• use another user’s account, share an account with another user, or maintain more than one account as well as creation of another account if we have already terminated your account, unless you have our permission
• relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or telephone numbers
3.2. Your content (data about you) shall be in line with the purpose of the App, and as the purpose is to connect people only relying upon their skills, be aware, that there is no need to disclose something private or even confidential when the App asks you “Tell us some more” or “Create your status”. If you do choose to reveal any personal information about yourself to other users it is at your own risk.
By uploading anything in the App, you represent and warrant to us that you are entitled to and in case it’s something that may be licensed, you automatically grant us a non-exclusive, royalty free, perpetual, worldwide license to use your content in any way. We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you. We have the right to remove, edit, limit or block access to any of your content at any time, and we have no obligation to display or review your content.
3.3. Please be aware, that we equally value rights of each member to their data, privacy and content. You may only use users' personal information to the extent that your use of it matches our purpose of binding people. You may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users' information.
3.4. Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about user’s content please contact us.
3.5. Our content consists of every feature you see, every text of picture, text, graphics, user interfaces, trademarks (if applicable) logos, sounds, artwork, and other intellectual property in the App or on the website are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights.
5. Third Party stores; Premium Services and In-App purchases
5.2. You agree that
5.2.1. These Terms are concluded solely between you and us and not with the providers of the Third Party Store. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.
5.2.2. The Third Party Store provider is not responsible for the App, we are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.
5.2.3. We may make certain services available to users of the App in consideration of a subscription fee or other fees (“Premium Services”), including the ability to purchase products, services and enhancements, such as the ability to extend your matches (“In-App Products”). If you choose to use Premium Services or purchase In-App Products, you acknowledge and agree that additional terms may apply to your use of, access to and purchase of such Premium Services and In-App Products, and such additional terms are incorporated herein by reference. Payment methods (if applicable): (a) purchase through the Apple App Store, Google Play or other mobile or web application platforms authorised by us, (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third party processor, or (c) adding charges to your mobile carrier bill and remitting payment directly to your carrier. Once you have requested a Premium Service or In-App Product, you authorise us to charge your chosen Premium Payment Method and your payment is non-refundable.
If payment is not received by us from your chosen Premium Payment Method, you agree to promptly pay all amounts due upon demand by us. If you want to cancel or change your Premium Payment Method at any time, you can do so either via the payment settings option under your profile or by contacting your mobile service provider. If your chosen payment method is via your mobile service provider, then please check with them about their payment terms, as their payment terms will govern how payments to us made as well as how such payments may be changed or cancelled. Your subscription to the Premium Services will automatically renew until you decide to cancel in accordance with such terms. In the event of a conflict between a Third Party Store’s terms and conditions and these Terms, the terms and conditions of the Third Party Store or service provider shall govern and control. We are not responsible and have no liability whatsoever for goods or services you obtain through the Third Party Store, our third party service providers or other web sites or web pages.
5.2.4. If you choose to purchase an In-App Product, you will be prompted to enter details for your account with the Third Party Store you are using (e.g., Android, Apple, etc.) (“your Mobile Platform Account”), and you will be charged for the Premium Service and/or In-App Product in accordance with the terms disclosed to you at the time of purchase, as well as the general terms applicable to all other in-app purchases made through Third Party Store (e.g., Android, Apple, etc.). Premium Services and In-App Products may include one-time purchases as well as monthly subscriptions (e.g., a one-month subscription, three-month subscription, six-month subscription, etc.) to additional account features. At the end of the free trial period (if any), you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. Please note that for Premium Services and In-App Products bought on a subscription basis, your subscription will automatically renew for the same subscription period as you initially purchased (e.g., if you bought an In-App Product on a six-month subscription, your subscription will be automatically renewed for an additional six-months). To avoid any charges for additional periods, you must cancel before the end of the free trial period, subscription period or renewal, as applicable, in accordance with the terms and conditions of any applicable Third Party Store. The pricing may vary due to a number of factors, such as (but not limited to) promotional offers, loyalty bonuses and other discounts that might apply to you.
5.2.5. We are not responsible and have no liability whatsoever for any payment processing errors (including card processing, identity verification, analysis and regulatory compliance) or fees or other service-related issues, including those issues that may arise from inaccurate account information, or products or goods you obtain through Third Party Stores. We may change product descriptions, images, and references; to limit the available quantity of any product; to honour, or impose conditions on the honouring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Further, if we terminate your use of or registration to the App because you have breached these Terms, you shall not be entitled to a refund of any unused portion of any fees, payments or other consideration. We encourage you to review the terms and conditions of the applicable third party payment processors, Third Party Store before you make any In-App Products or Premium Service purchases.
6. Push notifications and location-based features
We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts for quick notification about new matches or special offers or any other technical or promotion information. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at firstname.lastname@example.org.
WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. WE DO NOT CONDUCT ANY BACKGROUND CHECKS ON ITS MEMBERS.
YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU.
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
We do not give or make any warranty or representation of any kind about the information contained in App, whether express or implied.
We are not responsible for any loss arising from the transmission, use of data, or any harm in connection with App.
We are not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
8. Governing Law and jurisdiction
The exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is Delaware.
9. Entire Agreement; Other