Terms of Service
Last updated June 6th, 2016
This Terms of Service User Agreement ("Agreement") is a contract between you ("you", "your" or "user") and Binded, Inc. ("Binded", "we", "us" or "our"). It applies to your use of: (a) the Binded website located at www.binded.com and any associated Binded websites or mobile applications (collectively the "Binded Site"), and (b) any of the services provided to you by Binded (together with the Binded Site, the "Binded Services").
By accessing or using the Binded Services, printing or downloading materials from the Binded Site, or otherwise using the Binded Site, you agree to comply with and be legally bound by this Agreement.
If you do not agree to any of the terms set forth in this Agreement, you may not access or use any of the Binded Services.
We may amend or modify this Agreement at any time by posting a revised User Agreement on the Binded Site and such changes or modifications shall be effective at such time. By continuing to access or use the Binded Services after we have posted a revised Agreement, you agree to be bound by the modified Agreement. In the event that you do not agree to be bound by the modified Agreement, you must cancel your Binded Account in the manner described in Section 2.2 below and otherwise cease accessing or using the Binded Services. You further agree that we may (a) modify or discontinue any portion of the Binded Services, and (b) suspend or terminate your access to the Binded Services, at any time, and from time to time, without notice to you in certain, limited circumstances described herein. You agree that we shall not be liable to you or any third party for any modification or termination of the Binded Services, or suspension or termination of your access to the Binded Services, except to the extent otherwise expressly set forth herein.
To be eligible to use the Binded Services, you must be at least 13 years old. By accessing or using the Binded Services you represent and warrant that you are 13 or older.
1. Binded Services
1.1 Binded.com. A web application that allows a user to claim copyright ownership of an image they created. Binded creates a permanent record in the blockchain that shows information about when the user claimed the file. Binded also allows the user to manage and monitor the usage of their copyrights.
2. Binded Account
2.1. Registration of Binded Account. In order to use any of the Binded Services, you must first register by using an approved registration method such as Email, Facebook or Twitter. Upon successful completion of the registration process, Binded will establish your Binded Account. Binded may, in our sole discretion, refuse to allow you to establish a Binded Account, or limit the number of Binded Accounts that a single user may establish and maintain at any time.
2.2. Suspension/Termination and Binded Account Cancellation
Binded may: (a) suspend or terminate your access to any or all of the Binded Services, and (b) deactivate or cancel your Binded Account as required by a valid subpoena or court order, or if Binded reasonably suspects you of using your Binded Account in furtherance of illegal activity.
2.3. Copyright Claims
You understand by using Binded that anything you upload has a permanet record of its creation on the Bitcoin Blockchain which cannot be erased. The actual image its self is not stored, just the fingerprint. By publishing images via Binded, you are agreeing that you have right to claim the copyright and it's yours and not someone elses. If you publish someone else's creation and profit from it, you may be legally liable for damages to the original content creator.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our Copyright Policy. We reserve the right to remove content from Binded alleged to be infringing and terminate accounts of repeat infringers. You can contact us by email or physical mail to inform us of copyright violations:
1739 Buchanan Street
San Francisco, CA 94115
3. Use of the Binded Site
3.1. Limited License.
We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the Binded Site, and the content, materials, information and functionality available in connection therewith (collectively, the "Content" solely for informational, transactional, or other approved purposes as permitted by Binded from time to time. Any other use of the Binded Site or Content is expressly prohibited. All other rights in the Binded Site or Content are reserved by us and our licensors. We reserve all rights in the Binded Site and Content and you agree that this Agreement does not grant you any rights in or licenses to the Binded Site or the Content, except for this express, limited license. You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Content or any other part of the Binded Site or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the Binded Site or Content (or any portion thereof) as part of any other web site or any other work of authorship without our prior written permission. If you violate any portion of this Agreement, your permission to access and use the Binded Services may be terminated pursuant to this Agreement. In addition, we reserve the right to all remedies available at law and in equity for any such violation. "www.binded.com", "Binded", and all logos related to the Binded Services or displayed on the Binded Site are either trademarks or registered marks of Binded or its licensors. You may not copy, imitate or use them without Binded's prior written consent.
3.2. Website Accuracy. Although we intend to provide accurate and timely information on the Binded Site, the Binded Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Binded Site are your sole responsibility and we shall have no liability for such decisions.
3.3. Third-Party Materials. From time to time, the Binded Site may contain references or links to third-party materials (including without limitation websites) not controlled by us. We provide such information and links as a convenience to you. Such links should not be considered endorsements of these sites or any content, products or information offered on such sites and such reference does not imply our recommendation, approval, affiliation, or sponsorship of that respective property, product, service, or process. You acknowledge and agree that we are not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked to the Binded Site, including without limitation content, property, goods or services available on the linked sites.
3.4. Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Binded. Always log into your Binded Account through the Binded Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
4. Our Relationship with You.
4.1. Relationship of the Parties. Binded is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and Binded to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or Binded to be treated as the agent of the other.
4.2. Service Providers. From time to time, Binded may engage third parties to assist Binded in providing certain aspects of the Binded Services (each, a "Service Provider". Service Providers may include, but are not limited to, Binded's banking partners and technology or engineering service providers.
4.4. Password Security and Keeping Your Contact Information Current. You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the Binded Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Binded Account by third-parties. We assume no responsibility for any loss that you may sustain due to compromise of your sensitive information or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Binded Account information has been compromised, contact Binded Support immediately at [email protected]
4.5. Consent to Electronic Records. By using the Binded Services, you agree that Binded may provide you with any notices or other communications about your Binded Account and the Binded Services electronically: (a) via email (in each case to an address that you provide) or (b) by posting to the Binded Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. If you do not wish to receive notices or other communications electronically, we will be unable to support your Binded Account and your Binded Account will be cancelled in accordance with Section 2.6.
4.6. Notices to Binded. We prefer receiving notices to Binded electronically through our support system at [email protected] Paper notifications can also be sent to Binded, Inc., 1739 Buchanan Street, San Francisco, CA 94115.
5. Restricted Activities.
5.1. Restricted Activities. In connection with your use of the Binded Services, and your interactions with other users, and third parties you will not:
Partake in a transaction which involves the proceeds of any unlawful activity
Defraud or attempt to defraud Binded or other Binded users;
Harvest or otherwise collect information from the Binded Site about others, including without limitation email addresses, without proper consent;
Infringe upon Binded's or any third party's copyright, patent, trademark, or intellectual property rights;
Defame, abuse, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others;
Provide false, inaccurate or misleading information;
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information;
Interfere with another individual's or entity's access to or use of any of the Binded Services;
Otherwise attempt to gain unauthorized access to the Binded Site, other Binded Accounts, computer systems or networks connected to the Binded Site, through password mining or any other means; or
Violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member (for example, those laws, rules, or regulations governing financial services, controlled substances, unlawful gambling or consumer protections);
Publish, distribute or disseminate any unlawful material or information;
Use the Binded Account information of another party to access or use the Binded Site or other Binded Services.
Transmit or upload any material to the Binded Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
Transfer any rights granted to you under this Agreement;
Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law.
We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
6. Disputes with Binded.
6.1. Arbitration; Waiver of Class Action. EXCEPT FOR CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF OR CLAIMS REGARDING INTELLECTUAL PROPERTY RIGHTS (WHICH MAY BE BROUGHT IN ANY COMPETENT COURT WITHOUT THE POSTING OF A BOND), ANY DISPUTE ARISING UNDER THIS AGREEMENT SHALL BE FINALLY SETTLED ON AN INDIVIDUAL BASIS IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION"S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND BINDED HEREBY EXPRESSLY WAIVE TRIAL BY JURY. THE ARBITRATION SHALL TAKE PLACE IN SAN FRANCISCO, CALIFORNIA, IN THE ENGLISH LANGUAGE AND THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT. AT YOUR REQUEST, HEARINGS MAY BE CONDUCTED IN PERSON OR BY TELEPHONE AND THE ARBITRATOR MAY PROVIDE FOR SUBMITTING AND DETERMINING MOTIONS ON BRIEFS, WITHOUT ORAL HEARINGS. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THIS AGREEMENT SHALL BE ENTITLED TO COSTS AND ATTORNEYS'; FEES. ADDITIONALLY, YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
6.2. Time Limitation on Claims. You agree that any claim you may have arising out of or related to your relationship with Binded must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
7. General Provisions.
7.1. Limitations of Liability. IN NO EVENT SHALL BINDED, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE BINDED SITE, THE Binded SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. THE LIABILITY OF BINDED, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LOWER OF (A) THE ACTUAL AMOUNT OF DIRECT DAMAGES; OR (B) FEES PAID TO BINDED BY YOU IN THE PRECEDING THREE (3) MONTHS.
7.2. Release of Binded. IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE BINDED SERVICES, YOU RELEASE BINDED, ITS AFFILIATES AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ADDITION, YOU WAIVE ANY PROTECTION AVAILABLE TO YOU UNDER CALIFORNIA CIVIL CODE §1542, WHICH SAYS: [A] GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF NOT KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
7.3. No Warranty. THE BINDED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. BINDED SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BINDED DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF BINDED SERVICES, AND OPERATION OF THE BINDED SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
7.4. Indemnification. You agree to indemnify and hold Binded, its affiliates and Service Providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (i) your breach of this Agreement, (ii) your use of Binded Services, or (iii) your violation of any law, rule or regulation, or the rights of any third party.
7.5. Entire Agreement. This Agreement sets forth the entire understanding and agreement between you and Binded as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and Binded.
7.6. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Binded without restriction, including without limitation to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Binded Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
7.7. Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
7.8. Change of Control. In the event that Binded is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
7.9. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, Sections 2.6 [Suspension/Termination and Binded Account Cancellation], 3 [Use of the Binded Site], 6 [Disputes with Binded], and 7 [General Provisions], shall survive the termination or expiration of this Agreement.
7.10. Governing Law. This Agreement will be governed by the law of the State of Delaware except to the extent governed by federal law.
7.11. Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
7.12. Section Headings. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.
7.13. English Language Controls. Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
In accordance with our commitment to protect personal privacy, Binded adheres to the principles of the Safe Harbor Framework as developed by the U.S. Department of Commerce in consultation with the European Commission. The seven principles and fifteen Frequently Asked Questions (FAQs) referred to in this policy constitute Safe Harbor privacy framework. These principles and FAQs may be found at: http://www.export.gov/safeharbor
How we collect info about you
When you visit the Binded website or use Binded services, we collect info sent to us through your computer, mobile phone, connected social networks or other access device. This info may include your device info including, but not limited to, identifier, device name and type, operating system, location, mobile network info, IP address and standard web log info, such as your browser type, traffic to and from our site and the pages you accessed on our website. You must be at least 13 years old in order to use Binded services. Binded does not intentionally collect info from or about any individual who is under 13 years old.
If you create an account or use Binded services, we may collect the following types of info:
Contact info - your name, address, phone, email, Facebook account and other similar info.
When you use Binded services, we collect info about your transactions and/or your other activities on our website and we may continuously collect info about your computer, mobile device, or other access device for fraud prevention purposes, to monitor for possible breach of your Binded Account, and to identify any malicious software or other activity that may harm Binded or its users.
Finally, we may collect additional info you may disclose to our customer support team
How we protect and store your personal info
Throughout this policy, we use the term "personal info"; to describe info that can be associated with a specific person and can be used to identify that person. We do not consider personal info to include info that has been anonymized so that it does not identify a specific user.
We store our customer's personal info securely throughout the life of the customer's Binded Account. Binded typically retains such customer records for a period of five years following cancellation of the associated Binded Account.
How we use the personal info we collect
Our primary purpose in collecting personal info is to provide you with a secure, smooth, efficient, and customized experience. We may use your personal info to:
Provide Binded services and customer support you request;
Process transactions and send notices about your transactions;
Resolve disputes, collect fees, and troubleshoot problems;
Prevent and investigate potentially prohibited or illegal activities, and/or violations of our posted user terms;
Customize, measure, and improve Binded services and the content and layout of our website and applications;
Deliver targeted marketing, service update notices, and promotional offers based on your communication preferences; and
Compare info for accuracy and verify it with third parties.
How we share personal info with other parties
We may share your personal info with:
Service providers under contract who help with parts of our business operations such as fraud prevention, marketing and technology services. Our contracts dictate that these service providers only use your info in connection with the services they perform for us and not for their own benefit.
Financial institutions with which we partner.
Law enforcement, government officials, or other third parties when:
We are compelled to do so by a subpoena, court order or similar legal procedure; or
We believe in good faith that the disclosure of personal info is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of our User Agreement.
Other third parties with your consent or direction to do so.
Binded will not sell or rent any of your personal info to third parties for their marketing purposes and only shares your personal info with third parties as described in this policy.
If you establish a Binded account indirectly on a third party website or via a third party application, any info that you enter on that website or application (and not directly on a Binded website) will be shared with the owner of the third party website or application and your info may be subject to their privacy policies.
We will notify you of material changes to this policy by updating the last updated date at the top of this page. We recommend that you visit this page frequently to check for changes.
How you can access or change your personal info
We will not sell or rent your personal info to third parties for their marketing purposes without your explicit consent. We may combine your info with info we collect from other companies and use it to improve and personalize Binded services, content and advertising.
When you access our website or content or use our application or Binded services, we or companies we work with may place small data files called cookies on your computer or other device. We use these technologies to:
Recognize you as a Binded customer;
Customize Binded services and content;
Measure promotional effectiveness; and
Collect info about your computer or other access device to mitigate risk, help prevent fraud and promote trust and safety.
We use both session and persistent cookies when you access our website or content. Session cookies expire and no longer have any effect when you log out of your account or close your browser. Persistent cookies remain on your browser until you erase them or they expire.
We encode our cookies so that only we can interpret the info stored in them. You are free to decline our cookies if your browser or browser add-on permits, but doing so may interfere with your use of our website. The help section of most browsers or browser add-ons provides instructions on blocking, deleting or disabling cookies.
How you can contact us about privacy questions
If you have questions or concerns regarding this policy, please contact us.