EULA / Terms Of Service

Last Updated: 09/23/2024

These Terms of Service (“Terms”) state the terms and conditions under which you (“You” or “Your”) are permitted to access and use any websites, download, install, and use any apps or software, and use any hardware, merchandise, accessories, or services operating under the Banded brand (collectively, the “Platform”) provided to You by Banded LLC (“Banded,” “We,” or “Us”), which consists of a platform through which users in the United States may create profiles and exchange information with others, including information related to your geographic location and through the use of NFC-based jewelry and devices. Carefully read these Terms before using the Platform.

BY ACCESSING, DOWNLOADING, INSTALLING OR USING THE PLATFORM, BY SIGNING UP FOR AN ACCOUNT, OR BY CLICKING THE “I AGREE” OR SIMILAR ICON, YOU AGREE TO BE BOUND BY THESE TERMS BETWEEN BANDED AND YOU. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS, USE, DOWNLOAD, OR INSTALL THE PLATFORM. In addition, the Banded Privacy Policy governs Your access to and use of the Platform and the collection and use of certain information about You.

Any changes to these Terms will be included in a revised version of accessible here. If You do not accept any revisions made to these Terms, You must stop using the Platform.

  1. Eligibility to Use the Platform.

You must be eighteen (18) years of age or the age of majority in Your jurisdiction, whichever is greater, to access, download, install, or use the Platform. By doing so, You hereby affirm and warrant that You comply with these age requirements and can lawfully comply with these terms. Anyone under eighteen (18) years of age or the age of majority in Your jurisdiction, whichever is greater, is prohibited from accessing, downloading, installing, or using the Platform and will be banned from the Platform and may be subject to additional action by Us. It is Your responsibility to confirm that use of the Platform is permissible under applicable laws and regulations, and You agree to fully comply with such laws and regulations. If any laws or regulations prohibit You from accessing, downloading, installing, or using the Platform, You may not do so.

  1. Ownership.

The Platform is proprietary to Banded, and is protected under applicable copyright, patent, trade secret, trademark, trade dress, and/or other laws. All right, title and interest in and to the Platform, including all copies thereof, shall remain with Banded. These Terms do not constitute a sale of the Platform, but only conveys to You a limited right to use the Platform in accordance with these Terms. Banded or its licensors own and retain all worldwide rights, title, and other interests in and to the Platform including, without limitation, all source code, object code, executable code, libraries and audio, video, text, trademarks, service marks, trade dress, and graphical representation (screen layout). The Platform is protected by international copyright laws and other international treaty provisions. Therefore, You must treat the Platform like any other copyrighted material, subject to the provisions of these Terms.

All rights in the Platform and related materials not expressly granted in these Terms are reserved or retained by Banded. No right or license exists, is granted, conferred, or may arise by implication or estoppel.

  1. License Grant and Termination

Your Use of The Platform

  1. Interactions with Other Users.

 You are solely responsible for Your interactions with other users using the Platform and the Banded Parties assume no liability for these interactions. Banded does not conduct criminal or other background checks on its users, but reserves the right to do so at any time. The Banded Parties assume no liability for Your interactions with other users and make no representations or warranties as to the conduct of users and/or the information they provide and/or the statements that they make. You agree to take reasonable precautions in Your interactions with other users of the Platform. The Banded Parties are not responsible for monitoring any disputes between You and other users.

You will create a username and password as part of the registration process for the Platform. You are responsible for maintaining the confidentiality of Your password and account and all activities that occur in connection with these. You agree to immediately notify Us of any actual or suspected unauthorized use of Your password or account or any other actual or suspected breach of security. You agree that all information that You provide to Us as part of the registration process, including, but not limited to, Your name and email address, is truthful, accurate and complete.

While certain services provided through the Platform are free to use (either at all times or during a free trial period), additional data charges may apply to You for use of the Platform through Your device. Additionally, fees may apply to Your use of certain features of the Platform. Any subscriptions for services purchased in connection with the Platform will last for the duration purchased and will auto-renew unless terminated. You are solely responsible for paying any amounts owed in connection with Your use of the Platform or by any party who had access to Your Account, whether or not such amounts were authorized by You. Any payments or subscriptions purchased through or in connection with the Platform will be subject to these Terms. Further, to the extent payments or subscriptions are purchased through a third-party app store, such transactions may be subject to additional third-party terms of service as well.

  1. Collection and Use of Personal Information and Permissions.

By agreeing to these Terms, You also acknowledge that You have read and understood the Banded Privacy Policy and agree to its terms, which are incorporated herein by reference, and which may be reviewed at bandeddating.com.

  1. Limited Warranty and Disclaimer
  1. Limitations and Indemnifications
  1. Export.

You acknowledge that the Platform may be subject to restrictions and controls imposed by the United States Export Administration Act (the “Act”) and the regulations thereunder. You agree and certify that neither the Platform nor any direct product thereof is being or will be acquired, shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the Act and the regulations thereunder or will be used for any purposes prohibited by the same.

  1. Verification.

 Upon reasonable notice, Banded or its designee shall be entitled to verify Your compliance with these Terms for all environments in which You or anyone acting on Your behalf uses or installs the Platform. Each party shall be responsible for its own costs and expenses incurred in connection with the verification.

  1. Copyright infringement claims.

Banded respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. Banded reserves the right to remove access to infringing material posted to its Site. Such actions do not affect or modify any other rights Banded may have under law or contract.

If You believe that any portion of the material contained on this Site infringes Your copyright, notify Banded of Your claim in accordance with the following procedure. We will take appropriate action as required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3).

Written Notification must be submitted to this site’s Designated Agent:

Banded DMCA Agent

Wood Herron & Evans LLP

600 Vine Street, Suite 2800

Cincinnati, Ohio 45202

dmca@whe-law.com

To be effective, the Notification must be in writing and contain the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of the written Notification containing the information outlined above, Banded will:

  1. Remove or disable access to the material that is alleged to be infringing;
  2. Forward the written notification to such alleged infringer;
  3. Take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.

A Counter Notification will be effective if in writing, provided to the Banded Designated Agent, and including substantially the following:

  1. A physical or electronic signature of the alleged infringer;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  4. The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to jurisdiction of Federal District Court for the judicial district in which the address is located or, if outside of the United States, for any judicial district in which Banded may be found, and that the alleged infringer will accept service of process from the person who provided notification or the agent of such person.

Upon receipt of a Counter Notification containing the information outlined above, Banded will:

  1. promptly provide the complaining party with a copy of the Counter Notification;
  2. inform the complaining party that it will replace the removed material within ten (10) to fourteen (14) business days following the receipt of the Counter Notification, provided Banded’s Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringer from engaging in infringing activity relating to the material on the Platform.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters may not receive a response through this process.

  1. Miscellaneous

YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

Bandeddating@gmail.com