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Terms and Conditions
Last updated: December 23, 2021
Please read these Terms and Conditions carefully before using Our Service.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named Binj
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access Our Service or parts of Our Service.
Country refers to: Delaware, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Binj App, Inc, 16192 Coastal Hwy LeWes, DE, 19958, USA.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of Our Service.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Application or the Website or both.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Binj, accessible from Binj.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Your Content means of any information, data, and other content made available by you or on your behalf, including by your Service Providers or through your App.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
You represent that You are at least 13 years old.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
Our Service recommends different films and series on various streaming platforms based on what streaming platforms You want to access and a variety of genres and various emotions You desire to be taken into consideration for Our recommendations.
DISCLAIMER: If You are between 13- and 16-years-old You must have parental consent or consent of Your guardian before watching any film rated R or any series rated TV MA that we may recommend. Parents and guardians should have “Parental Controls” set-up on their streaming services to prevent their 13- to 16-year-old from watching anything the parent or guardian deems inappropriate. If the parent or guardian has not set-up these parental controls and their 13- to16-year-old watches a film or series Rated R or TV MA, which is recommended by Us, then We are not liable or responsible for any damages, injuries, or emotional distress the 13- to 16-year-old experiences.
Our Service also provides a platform for You to rate films and series through various mediums, such as posting videos and comments. For more information on this aspect of Our Service please refer to the User Accounts and Content sections below.
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service and You are responsible for protecting those rights. You agree that 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.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, mean-spirited content, or hate speech, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Sexually explicit photos, videos, and any other form of content.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred because of Your use of any content.
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of Our copyright agent via email at DMCA@binj.com and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
If You believe that content on Our Service is infringing on Your copyright then, You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Our Designated Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., Web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
- Your address, telephone number, and email address.
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact Our designated agent via email at DMCA@binj.com, or at:
Attn: Binj Designated Agent
8721 Sunset Blvd., Suite 105
Los Angeles, CA 90069
What Happens After Receipt of Your Claim?
Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
Sometimes, We might respond to Your report and ask for more information. If You receive a message from Our team asking for more information about Your report, You should respond directly to that message. Your response will be received by Our team so they can continue to investigate Your report.
Please note that We regularly provide the person who posted the content with the following information about Your report:
- Report number
- Rights owner's name
- Email address provided by the reporting party
- Details of the report
- Instructions on how to submit an appeal
The person whose content was removed may contact You with the information You provide. For this reason, You may want to provide a valid generic business or professional email address.
What happens if Your Content is Removed Because of a Copyright Claim?
If We remove content You posted because of a copyright claim, You’ll receive a notification from Us that may include the name and email address of the rights owner who made the report and/or other details of the report. If You believe the content shouldn't have been removed, You can follow up with the rights owner directly to try to resolve the issue.
If Your content was removed because of a copyright report, You can submit an appeal. You'll receive instructions about how to appeal in the messaging We send You. Similarly, if the content was removed under the notice and counter-notice procedures of the United States Digital Millennium Copyright Act (DMCA), You may be able to file a DMCA counter-notification. Again, instructions will be available for You in the messaging We send You.
How We Process DMCA Counter-Notifications
We comply with the notice-and-takedown procedures set out in section 512(c) of the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights.
If Your content is removed under the DMCA, You'll receive instructions about how to file a counter-notification in the messages We send You. You should only submit a counter-notification if the content was removed because of a mistake or misidentification. Please note that if Your content was removed for reasons unrelated to a copyright report, You may not receive a response from Us.
When We receive a valid DMCA counter-notification, We forward it to the party that reported the content. The information they receive includes Your contact information, which they can use to contact You. If We provide Your counter-notification to the party that reported the content, and they don't notify us that they have filed a court action seeking an order to keep the content down, We will restore or cease disabling eligible content under the DMCA. This process can take up to 14 business days. Please note, in rare instances, We may not be able to restore content due to technical limitations. If this happens, We’ll send You an update letting You know You may repost the content at Your discretion.
Content that is restored based on an effective DMCA counter-notification will not be counted against You under Our repeat infringer policy.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
You grant Us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to: host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of Your Content in connection with Our Service for any business purpose in connection with operating, providing, or improving Our Service. This license remains in effect even if you stop using Our Service. Without limitation, Your license to Us includes: the right to incorporate Your Content the right to attribute the source of Your Content using your name, trademarks, or logos; the right to use Your Content for promotional purposes, and the right to analyze Your Content (including to make sure you’re complying with these Terms and all other applicable terms and policies).
If you owned Your Content before providing it to Us, You will continue owning it after providing it to Us, subject to any rights granted in these Terms or any other applicable terms or policies and any access You provide to others by sharing it via Our Service.
Your Name, Trademarks, and Logos: You grant Us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use your name, trademarks, and logos for distribution, marketing, and promotional purposes, in connection with Your use of Our Service, in all formats and media. This license remains in effect for existing materials and instances even if you stop using Our Service.
You assign all rights, title, and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.
Our Service may contain links to third-party Web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party Web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such Web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party Web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
- Except as provided below, You and We agree that any cause of action, legal claim, or dispute between You and us arising out of or related to these Terms or Instagram ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; You and We may bring a claim only on Your own behalf and cannot seek relief that would affect other Instagram users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
- Instead of using arbitration, You or We can bring claims in Your local "small claims" court, if the rules of that court will allow it. If You don't bring Your claims in small claims court (or if You or We appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and We expressly waive a trial by jury.
The following claims don't have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of Our Service Policy, or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.
This arbitration provision is governed by the Federal Arbitration Act.
You can opt out of this provision within 30 days of the date that You agreed to these Terms. To opt out, You must send Your name, residence address, username, email address or phone number You use for Your Instagram account, and a clear statement that You want to opt out of this arbitration agreement, and You must send them here: Binj, Inc, Attn: Binj Arbitration Opt-out, 8721 Sunset Blvd. Suite 105, Los Angeles, CA 90069.
- Before You commence arbitration of a claim, You must provide us with a written Notice of Dispute that includes Your name, residence address, username, email address or phone number You use for Your Instagram account, a detailed description of the dispute, and the relief You seek. Any Notice of Dispute You send to us should be mailed to Binj, Inc, Attn: Binj Arbitration Opt-out, 8721 Sunset Blvd. Suite 105, Los Angeles, CA 90069. Before We commence arbitration, We will send You a Notice of Dispute to the email address You use with Your Instagram account, or other appropriate means. If We are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, You or We may commence arbitration.
- We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration We bring or if Your claims seek less than $75,000 and You timely provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims.
- For any claim that is not arbitrated or resolved in small claims court, You agree that it will be resolved exclusively in the U.S. District Court for the Southern District of California, or a state court located in Los Angeles County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
- The laws of the State of California, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident in.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on Our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 day notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.
If You have any questions about these Terms and Conditions, You can contact us:
- By email: firstname.lastname@example.org