By accessing or using the applications and services owned or operated by Binary Thumb, whether through our software app(s) or website (our “Services”), you are accepting and agreeing to be bound by the terms and conditions set forth below (these “Terms”). Certain features of our Services may be subject to additional guidelines, terms, or rules, which will be posted with those features. We reserve the right, at any time, to modify, suspend, or discontinue our Services, or any portions of them. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services, or any portions of it.
In most cases, our Services may only be used if you have an account with us. By creating an account, you represent that (a) all required information you provide is truthful and accurate; (b) you are of legal age to agree to these Terms; and (c) your use of our Services does not violate any applicable law or regulation or these Terms. When you create an account, you will be asked to choose a screen name and a password for your account or you can use your Facebook account or other supported social network. You may not use a user name or user profile that is used by someone else or that violates these Terms. We reserve the right to reclaim any user name that violates these Terms.
You are responsible for maintaining the confidentiality of your password and for any and all use of your account. You should notify us immediately if you suspect any unauthorized use of your account or access to your password. You may not (a) use the account or username of any other user; (b) allow someone else to use your account or username; or (c) sell, lend, transfer, or otherwise share your account, temporarily or permanently, with someone else. If you violate these Terms, we reserve the right to issue you a warning, suspend or even terminate your account (along with your ability to access and use the Services).
As long as you comply with these Terms, you may view and use our Services for your personal, non-commercial entertainment purposes. No other use of our Services is authorized.
When you download our software app from the Apple App Store, Google Play or other app store or distribution platform (an “App Provider”), you acknowledge and agree that:
. We may charge fees for the use of certain products or services, or for the access and use of certain features in our Services, which will be posted with those features. These fees can change at any time. We (or the App Provider) will charge your account or credit card for such purchases. By selecting these products, services or features, you are agreeing to pay the applicable fees assessed to your account. These fees do not include any charges from your mobile carrier (like for any data and messaging plans), which you are responsible for paying. If we offer a subscription-based service, we will charge your account at the beginning of the subscription and on an ongoing monthly basis until you cancel. You must cancel your subscription before it renews to avoid the billing of the next month’s fees. You will not receive a refund for any partial month cancellation.
You acknowledge that all intellectual property rights in our Services, including the underlying software and technology and the information and content available on our Services are owned by us and our suppliers (including other users), are protected by copyright laws throughout the world. You may not download, upload, print, display, perform, reproduce, publish, license, post, transmit, modify, create derivative works of, reverse engineer, disassemble, decompile, adapt, distribute, transfer, or exploit the Services or any content therein, in whole or in part without our prior written authorization. We and our suppliers (including other users) reserve all rights not granted in these Terms. If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Services (“Feedback”), we may use this Feedback for any purpose and without any obligation to you. By providing us with Feedback, you give us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any and all Feedback.
You are responsible for your conduct when using our Services and you agree that you will use our Services in compliance with all applicable laws and regulations.
You agree that you will not initiate, engage in, or encourage any Prohibited Conduct in connection with your use of our Services. “Prohibited Conduct” includes doing things like:
You agree that you will not post, exchange, make available, provide, or process any Prohibited Content. “Prohibited Content” includes content that:
You are responsible for the content, including any text, images, sounds, video, and other material and information, that you upload or post on or through our Services (your “Content”), including its legality, reliability, and appropriateness. You should only upload or post your Content that you either own, created or have the right to use and publish. By uploading or posting your Content you give us the right and license to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and use your Content in connection with providing our Services. You agree that we can also make your Content available to other users of the Services, who may view and/or use your Content, subject to these Terms.
We have the right (but not the obligation) to review any or all portions of your Content and delete (or modify) any of your Content from our Services for any reason, including if we believe, in our sole judgment, your Content violates these Terms or is Prohibited Content, or that we believe constitutes or promotes Prohibited Conduct or otherwise threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your Content from our Services (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of our Services to you, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Content, and your conduct.
It is our policy to remove, or disable access to, material that infringes any copyright on our Services after we have been notified by the copyright owner or the copyright owner’s legal agent. If you believe that your work has been copied and posted on through our Services in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
Notice of claims of copyright infringement should be sent to our Copyright Agent: Binary Thumb Corporation, Attention: Darren Hutchins, 555 California St #12 San Francisco, CA 94104, or via email to: [email protected]
Our Services may contain links to content or services provided by third parties (“Third Party Links”). These Third Party Links are not under our control, and we are not responsible for their content, services, performance, operation, availability, business practices or policies. We are providing these Third Party Links to you only as a convenience but we do not imply any endorsement or recommendation of their content or services, or of any association of us with such third parties. If you access any of these Third Party Links, you do this entirely at your own risk and any charges or obligations you incur in your dealings with these third parties, are your responsibility. The websites available through the Third Party Links are subject to their own terms and policies, including privacy and data gathering practices.
You can terminate your account at any time by deactivating your account or by providing notice of termination to us. We reserve the right to terminate or suspend your account or your access to any or all portions of the Services at any time, for any reason, including your violation or breach of any provision in these Terms. Upon termination, all rights and licenses granted to you in these Terms immediately end. If your account or access to our Services is terminated or suspended because you violated these Terms, you will not be entitled to any refund of any fees nor will any fees be credited or reimbursed to you in any form and you will have no further right to access any of the foregoing or your account.
Your access and use of our Services is at your own risk. You agree that any Content you submit to us through our Services is done at your own discretion and risk. You will be solely responsible for any loss or damage to your Content. We are not responsible for the content provided by, or the conduct of, any user and you bear the entire risk of using the Services and any interactions with other users. Our Services are provided on an “AS IS” and “AS AVAILABLE” basis and we do not represent, warrant, or guarantee that the Services will be provided uninterrupted, error-free, virus-free, or that defects will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES REGARDING THE SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR CURRENTNESS. If applicable law requires any warranties with respect to our Services, all such warranties are limited in duration to thirty (30) days from the date of your first use of our Services.
WHEN PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES AND IN NO EVENT WILL IT EXCEED $50. IN ALL CASES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms constitute the entire agreement between us with respect to the subject matter and supersedes and merges any prior proposals, understandings and contemporaneous communications. These Terms may be amended by us from time to time. If we make material changes to these Terms, we will notify you by posting the revised Terms or notifying you through the Services or your account. Your continued use of the Services after the changes go into effect will constitute your agreement to such changes. These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflicts of law rules or principles. By using our Services you consent to personal jurisdiction and venue in the state and federal courts for Santa Clara County, California for any lawsuit filed there against you by us arising from or relating to these Terms or our Services. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact us at [email protected]
We will collect the personal information (like your name and email address) you provide when you register for an account. If you create an account using your login from a supported social networking site (like Facebook), we will access and collect the personal information about you that the social networking site allows to be shared (which is based your privacy settings), in order to create your account for you.
Note regarding children: We do not knowingly collect personal information from children. If we learn that we have collected personal information of a child under 13, we will take steps to delete such information from our files as soon as possible.
Note regarding international users: Your information will be transferred to and maintained on computers located in the United States (or any other country where we operate) and processed there – by providing us with your information, you are accepting and agreeing to that transfer.
We will collect the contact information of your friends (if you choose to connect your friends, contacts and address book information with your account) so that you can contact these people when you use our services. We automatically collect certain information when you use our services, like the Internet Protocol (IP) address (if using a browser) or a device identifier (if using a mobile device), operating system, the browser type, and your location (if you enable this feature). You can enable or disable location services when you use our services at anytime, through your browser or mobile device settings. We collect this information through our app or by using "cookies” (a small data file that your browser places on your computer that helps us better understand how you interact with and use our services). Most Internet browsers automatically accept cookies and you can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.
We use the information we collect to provide our services (or the information you request), to process and complete any transactions, to respond to your inquiries, to personalize and improve our services and your experiences when you use our services, to monitor and analyze usage and trends of our services, to send you messages about the operation and use of our services, and for the purpose for which the information was collected.
If you have an account, you can access and modify the information you provided us through your account. If you completely delete all such information, then your account will become deactivated and you will not be able to access our services through your account. If you would like us to delete personal information about you from our system, please contact us at [email protected] with a request that we delete your personal information from our database. We will use reasonable efforts to honor your request; however, we may retain an archived copy of your information as required by law or for other legitimate record keeping purposes.
We employ administrative, physical and electronic measures designed to protect your information from unauthorized access, however, despite these efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. In the event that your personal information is compromised as a result of a breach of security, we will promptly notify you if your personal information has been compromised, as required by applicable law.