Effective as from 1 January 2015
We’re pleased to make our Service available to you. The bindur Service includes social and interactive features.
In order to use the bindur Service, you need to (a) be 18 or older, or be 13 or older and have your parent orguardian’s consent to these Terms, (b) have the power to enter a binding contract with us and are not barred fromdoing so under any applicable laws, and (c) be resident in the Local Country. You also warrant that any registrationinformation that you submit to bindur is true, accurate and complete, and you agree to keep it that way at all times.
Occasionally we may, in our discretion, make changes to the bindur Service and Agreements. When we make changes tothe Agreements that we consider material, we’ll notify you through the Service. By continuing to use the Serviceafter those changes are made, you are expressing and acknowledging your acceptance of the changes.
The bindur Service and the content provided through it are the property of bindur or bindur's licensors, and we grant you a limited, non-exclusive, revocable licence to make personal, non-commercial use of the bindur Service and to receive the media content made available through the bindur Service in your Local Country, based on the Subscription or Trial you have selected (the “Licence”). This Licence shall remain in effect for a period of 20 years unless terminated by you or bindur.
The bindur software applications are licensed, not sold, to you, and bindur retains ownership of all copies of the bindur software applications even after installation on your Devices. bindur may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-licence your rights under this Licence, to any third party.
All bindur trademarks, service marks, trade names, logos, domain names, and any other features of the bindur brand are the sole property of bindur. This Licence does not grant you any rights to use the bindur trademarks, service marks, trade names, logos, domain names, or any other features of the bindur brand, whether for commercial or non-commercial use.
You agree to abide by our User Guidelines and not to use the bindur Service (including but not limited to its content) in any manner not expressly permitted by the Terms.
bindur users may post, upload and/or contribute (“post”) content to the Service, including pictures, text and playlist compilations (“User Content”). You represent that you have the right to post any User Content which you post to the Service, and that such User Content, or its use by us as contemplated by this Agreement, does not violate these Agreements, applicable law, or the intellectual property rights of others. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you post on or in connection with bindur. This license lasts until you terminate your bindur account, except in the case of User Content that you have published, made public and/or share with others. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content that you post to the bindur Service, except that, where applicable under Local Country law, you agree to waive your right to be identified as the author of any User Content on the bindur Service and your right to object to derogatory treatment of such User Content.
bindur does not monitor, review, or edit User Content, but reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in bindur’s sole discretion, violates these Agreements. bindur may take these actions without prior notification to you. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
bindur is not responsible for User Content nor does it endorse any opinion contained in User Content. If you believe that any User Content infringes your intellectual property rights, please click here, or if you believe that any User Content does not comply with the User Guidelines (Section 8 below) or that your rights under applicable law have been otherwise infringed by any User Content, please contact us at firstname.lastname@example.org.
In consideration for the rights granted to you under these Terms, you grant us the right (a) to allow the bindur Service to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation of the Service, (b) to provide advertising and other information to you, if you subscribe to the Free Service, and (c) to allow our business partners to do the same.
You grant bindur a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide licence to use, reproduce, make available to the public, publish, translate and distribute any User Content that you post on or otherwise provide through the bindur Service.
These Terms are not intended to grant rights to anyone except you and bindur, and in no event shall these Terms create any third party beneficiary rights. Any failure by bindur to enforce these Terms or any provision thereof shall not waive bindur’s right to do so.
We’ve established a few ground rules for you to follow when using the Service, to make sure bindur stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
bindur respects intellectual property rights and expects you to do the same. This means, for example, that the following is not permitted: (a) Copying, reproducing, “ripping”, recording, or making available to the public any part of the bindur Services or content delivered to you via the bindur Services, or otherwise any making use of the bindur Service which is not expressly permitted under these Terms; (b) using the bindur service to import or copy any local files you do not have the legal right to import or copy in this way; (c) reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the bindur Services or any part thereof; (d) circumventing any technology used by bindur, its licensors, or any third party to protect content accessible through the Service; (e) renting or leasing of any part of the Services; (f) circumventing of any territorial restrictions applied by bindur; (g) artificially increasing play count or otherwise manipulating the Services by using a script or other automated process; (h) removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the bindur Service; (i) providing your password to any other person or using any other person’s user name and password.
Please respect bindur and other users of the bindur Service. Don’t engage in any activity on the Service or upload User Content, including registering and/or using a username, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of bindur or a third party; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content such as malware, trojan horses or viruses, or otherwise interferes with any user’s access to the Service; (e) is intended or does harass or bully other users; (f) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) uses automated means to artificially promote content; (h) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar, including through the bindur inbox; (i) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (j) promotes commercial products or services; (k) interferes with the bindur Service, tampers with or attempts to probe, scan, or test for vulnerabilities in the Service or bindur’s computer systems or network, or breaches any of bindur’s security or authentication measures, or (l) conflicts with the Agreement, as determined by bindur. You agree that bindur may also reclaim your username for any reason.
Please be thoughtful about what you make public on bindur. The bindur Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public, as further described in your account settings. Remember that shared or publicly available information may be used and re-shared by other users on bindur or across the web, so please use bindur carefully and manage your account settings regularly. bindur has no responsibility for your choices to make any actions or material public on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
bindur respects the rights of intellectual property owners. For details on bindur’s copyright policy, please click here.
bindur will make reasonable efforts to keep the bindur Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. bindur reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the bindur Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the bindur Service or any function or feature thereof. You understand and agree that bindur has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
bindur’s products may be subject to U.S. export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria, and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from bindur under these Agreements to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of these Agreements.
If you reside in a Local Country which is part of the European Union and have purchased a Paid Subscription or Code online, you have the right to change your mind and receive a full refund within fourteen (14) days of purchase (the “Cooling-off Period”), but only if you have not logged in or otherwise redeemed or started to consume them.
If you have a Paid Subscription, your payment to bindur will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment and/or terminate the Terms after the Cooling-off Period is over (where applicable), and/or before the end of the subscription period, we will not refund any subscription fees already paid to us.
bindur may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the bindur Service after the price change takes effect, you accept the new price.
These Terms will continue to apply to you until terminated by either you or bindur. bindur may terminate the Terms or suspend your access to the bindur Service at any time, including in the event of your actual or suspected unauthorised use of the bindur Service or non-compliance with the Terms. If you or bindur terminate the Terms, or if bindur suspends your access to the bindur Service, you agree that bindur shall have no liability or responsibility to you and bindur will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your bindur account, please contact us through the Customer Service contact form.
We endeavor to provide the best service we can, but you understand and agree that THE bindur SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE bindur SERVICE AT YOUR OWN RISK. bindur DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, bindur does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, User Content, or any other product or service advertised or offered by a third party on or through the bindur Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that bindur is not responsible or liable for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the bindur Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from bindur shall create any warranty on behalf of bindur in this regard. Some aspects of this section may not apply in some jurisdictions.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the bindur Service, the Third Party Applications or the Third Party Application content is to uninstall any bindur software and to stop using the bindur Service, the Third Party Applications or the Third Party Application content.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL bindur, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE bindur SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER bindur HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE bindur SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO bindur DURING THE PRIOR THREE MONTHS IN QUESTION.
Nothing in these Agreements removes or limits bindur’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions.
These Agreements constitute all the terms and conditions agreed upon between you and bindur and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from you to bindur are void. You represent that you have not accepted the Agreements in reliance on any oral or written representations made by bindur that are not contained in the Agreements.
Please note, however, that other aspects of your use of the bindur Service may be governed by additional agreements. That could include, for example, access to the bindur Community for customer support, access to the bindur Service as a result of a gift card, or free or discounted Trials. You will agree to separate terms and conditions in those circumstances, which are listed in full here. Those terms and conditions shall govern only with regard to the aspect of the Service to which they apply, and are distinct from and supplemental to these Agreements, and do not supersede these Agreements. To the extent that there is any conflict between those agreements and these Agreements, these Agreements shall control, except as otherwise provided in these Terms.
Occasionally we may offer you the chance to participate in sweepstakes, contests, and surveys (“Special Promotions”) through the Service. Special Promotions may be governed by terms and conditions that are separate from these Terms. If the provisions of a Special Promotion’s terms and conditions conflict with these Terms, those separate terms and conditions shall prevail.
Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, these Agreements are subject to the laws of Sweden, without regard to choice or conflicts of law principles. Further, you and bindur agree to the exclusive jurisdiction of the courts of Sweden to resolve any dispute, claim or controversy that arises in connection with these Agreements.
If you are a United States user, the following mandatory arbitration provisions also apply to you:
This chart details the bindur entity with which you are contracting by accepting these Agreements, depending on your Local Country of residence.
|Local Country of Residence||bindur entity|
|Netherlands||sitereid, registration number 05074435|
|Netherlands||SMT-ICT, registration number 61036781|
Thank you for reading our Terms. We hope you enjoy .
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