Terms of Service
Terms and Conditions
bin2u Terms of Service
Last Updated October 13, 2015
Welcome to bin2u. Before you begin using our service, you must read and agree to these terms and conditions and policies, including any future amendments that may be made to them (collectively, this “Agreement”). In this Agreement, “Company”, “bin2u”, “we” and “our” refer to bin2u, LLC company having an address at 100 Main St, New York, NY 10001 USA, and “User”, “you” or “your” refers to you.
Although we may attempt to notify you when major changes are made to this Agreement, you should periodically review the most up-to-date version at bin2u.com (the “Site”) as the version of this Agreement applicable to you will be posted at the Site. We may, in our sole discretion, modify or revise this Agreement and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Site. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
General Terms and Conditions for Use of the Site
1. While visiting the Site, you may not:
1. post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Site or the Internet;
2. post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other similar, harmful or disruptive component; or
3. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right-holder.
2. Site Operation
Company shall be under no obligation to continue to operate the Site for any particular term and may remove or change the Site at its sole discretion.
1. Monitoring and Content
Company has no obligation to monitor the Site. However, you agree that Company has the right to monitor the Site and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its users in accordance with Company's Privacy Policy. Company will not intentionally monitor or disclose any private electronic-mail message unless instructed to do so either directly or implicitly or as required by law. Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
You are not allowed to post content to the Site that is or contains: illegal content, material related to sexual abuse, pedophilia, hate speech, crude content, threats or acts of violence, harassing material, material that infringes copyrights, non-public personal information for which you do not have the consent to enter into the Site, spam, malware or viruses or other harmful material.
Violation of any of the foregoing, may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Site in order to (a) determine whether a violation of this Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
You are responsible for all of the content you post using the Site. Although we reserve the right to monitor content, we have no obligation to do so. Therefore, we take no responsibility for any content. Instead, we merely provide you with access to such content as a service to you.
Although we prohibit users from posting unlawful, offensive, harmful, inaccurate or otherwise inappropriate material, sometimes that might occur. You must use caution and common sense and exercise proper judgment when using the Site.
We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Site, nor do we endorse any opinions expressed via the Site. You acknowledge that any reliance on material posted via the Site will be at your own risk.
4. Submissions
All information submitted to Company through Site shall become the property of Company and Company shall be free to use, for any purpose, idea, concepts, know-how or techniques contained in in formation that you may submit to Company through this Site. Company shall not be under an obligation of confidentiality in respect of such information except and to the extent that Company enters into or assists in establishing a customer relationship with or for you, or as otherwise agreed by Company or as may be required by applicable law. This provision shall not serve to limit the responsibilities of Company in respect of customers with whom or for whom it has established a customer relationship by, for example, referring such a customer to a payment processor or acquiring bank.
5. Privacy
In so far as you enter into a customer agreement, other than this Agreement, with Company or one of its sponsoring banks, processors or suppliers, then information submitted by you in the course of such relationship shall be governed pursuant to Company privacy policy posted on this Site, such as it may be from time to time.
1. Limitation of Liability.
COMPANY, INCLUDING ITS AFFILIATES, LICENSORS AND OTHER SUPPLIERS, TAKE NO RESPONSIBILITY FOR THE ACCURACY OR VALIDITY OF ANY CLAIMS OR STATEMENTS CONTAINED IN THE SITE. FURTHER, COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY OF THE INFORMATION CONTAINED ON THE SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, INCLUDING WITHOUT LIMITATION IMAGES, VIDEOS AND OTHER DOCUMENTATION IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO YOU FOR ANY AMOUNT GREATER THAN $100.
7. Recourse
If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines or practices of Company in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
8. Indemnity
You agree to defend, indemnify and hold Company and its affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of this Agreement by you or users of your account, or in connection with the use of the Site or the Internet or the placement or transmission of any message, information, software or other materials on the Site or on the Internet by you or users of your account.
1. Intellectual Property
All elements of the Site (the "Elements") such as, without limiting the generality of the foregoing, the texts, articles, photos, illustrations, images, videos and audio materials, are the property of Company and are subject to licenses or agreements allowing their broadcast through the site. No site Element may be copied, reproduced, distributed, published, translated, downloaded, posted or sent, in any way whatsoever, without the prior written approval of Company or the copyright holder. You are allowed to post or download the site Elements, but solely for non-commercial purposes and for personal use, provided you do not change these Elements and maintain all their intellectual property notices.
The trademarks and logos used or posted on the Site are trademarks which were registered or not by Company or third parties. Nothing in the Site may be interpreted as allowing, directly or indirectly, the use of a trademark reproduced on Site without the prior written approval of the owner of such trademark.
1. Third Party Links
Third parties may provide links to other internet websites or resources on this Site. Company neither controls nor endorses such 'linked sites' nor have we reviewed or approved the content or information that appears on these linked sites. You acknowledge and agree that Company is not responsible for the legality, accuracy or appropriate nature of any content, advertising, products or any other materials on or available from such linked sites. You further acknowledge, and agree that Company, its officers, directors, employees, affiliates nor any other representatives shall not be held responsible, or liable, directly or indirectly, for any damage, or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods and services available on or through any such linked sites.
11. Amendments
Company reserves the right to amend this Agreement at any time and without notice. Such changes shall be binding on you if you continue to use the Site. Please review this Agreement from time to time to see that you are in agreement with the terms hereof, such as they may be from time to time.
12. Miscellaneous
This Agreement, including any and all documents referenced herein, constitutes the entire agreement between Company and you pertaining to the subject matter hereof. In the event that you are solicited by Company for a product or service and you wish to procure such product or service then the application for and supply of such product or service shall be governed by additional terms and conditions separate and apart from this Agreement. Company's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. Nothing in this Agreement shall be construed as constituting a partnership, joint venture or other association of any kind, or agent/principal relationship between the parties hereto. If any of the provisions contained in this Agreement were determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the applicable laws of the jurisdiction in which the Company has its principal place of business and disputes arising hereunder shall be heard only in the courts of competent jurisdiction in the county in which the Company has its principal place of business.
1. Contacting Company
If you have any questions concerning this Agreement, please contact Company through the contact information set out on the Site.