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.
- 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.
- 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.
- License Grant and Termination
- If You meet the requirements stated herein to access, download, install, and use the Platform, and otherwise
comply with these Terms, Banded hereby grants You a limited, revocable, nonexclusive, nontransferable license to
access and use the Platform in object code (electronic) form only, for noncommercial purposes, contingent on
Your compliance with these Terms. You are further permitted to download and install any application or
software-based components of the Platform onto a single compatible personal device that You own and control,
solely for personal, non-commercial purposes. Your license to any downloadable apps or software are further
governed by the applications terms of service, policies, and procedures of any app store or site through which
they are downloaded.
- Some features of the Platform will only be available with installation of the Platform on Your mobile device,
or with certain subscriptions, which may require payment of fees, and/or the creation of a user account (an
“Account”). Your access to and use of the Platform must further comply with any instructions and
guidelines posted on and/or communicated through the Platform.
- You may copy the Platform for back-up purposes only if (a) the back-up copy is made and kept by You alone for
use only to replace original Platform that is lost or corrupted and installed and used on Service, and (c) the
original copy of the Platform which the back-up copy replaces is destroyed upon installation of the replacement
copy. You may not otherwise copy the Platform, and in no event may You modify, reconfigure, divide, rent, lease
or lend the Platform.
- You may not, without Banded's prior written consent or as otherwise expressly authorized under these Terms:
- submit information that is untrue, harassing, abusive, threatening, advertising, soliciting, advocating an
illegal activity, or in violation of any law;
- access, download or copy any other user’s account information;
- bypass any technical measures used to prevent or restrict access to any portion of the Platform;
- violate or attempt to violate the security of the Platform or the proper working of the Platform;
- engage in any unauthorized use of content and materials included on the Platform which, unless otherwise
noted, is owned by Us;
- use, copy, modify, reconfigure, divide, sublicense or distribute the Platform or related materials;
- relicense, sublicense, rent, lease or lend the Platform or related materials or use the Platform or related
materials for third-party training, hosting, or time sharing;
- remove or modify from the Platform or related materials any markings or any notice of Banded or its
proprietary rights;
- make the Platform or related materials available in any manner to any third party for use in the third party's
business operations unless specifically permitted by Us;
- cause or permit reverse engineering (unless required by law for interoperability), disassembly or
decompilation of the Platform (the foregoing prohibition includes but is not limited to review of data
structures or similar materials produced by the Platform);
- disclose results of any program benchmark tests;
- re-host or use the programs or related materials on equipment, operating systems or a platform other than the
approved equipment.
- Your right to use the Platform shall terminate, and/or Banded may at its option suspend or deactivate Your
use of the Platform, at any time for any or no reason, upon Your failure to comply with any term or
condition of these Terms, any unlawful use of the Platform and/or Service, or any abusive conduct involving
the Platform and/or Service that is outside the normal contemplated use thereof. Upon termination of the
licenses granted herein, You must cease all use of the Platform and destroy all copies (physical or
electronic) of the Platform (including all component parts and copies thereof), and certify to Banded, if so
requested by Us, that Your copy of any component of the Platform has been so destroyed.
Your Use of The Platform
- Before You can make use of certain areas and services associated with this Platform, You must create an
account and register as a user. You agree and warrant that all information You provide to Us directly and/or
through the Platform, including but not limited to any contact information and other registration information,
is truthful and accurate. You further agree to maintain the accuracy of Your account information and to inform
us promptly of any changes to Your account information, including but not limited to any changes to Your email
address. You are responsible for all activities that occur under Your account. Do not disclose Your account
password to others, and notify us immediately of any unauthorized use of Your account. We are not responsible
for any loss or other injury that You may incur as a result of someone else using Your user account or password,
either with or without Your knowledge. By creating an account with Us, You consent to receive communications
from Us electronically through the Platform and/or via the e-mail address associated with Your account. We
reserve the right to send You informational email messages about Your account or administrative notices
regarding the site, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.). You agree that any and
all communications sent to You electronically through the Platform and/or via the e-mail address associated with
Your account satisfy any legal requirement that such communications be in writing. You or We may terminate Your
account at any time for any reason.
- You understand that all information, communications, data, text, photographs, scans, or other materials
uploaded or shared to or through the Platform (“Content”) are the sole responsibility of the person
from which such Content originated. This means that You or the individuals with whom You are communicating, and
not Banded, are entirely responsible for all Content that You upload, post, email, transmit, receive, or
otherwise make available through the Platform.
- You grant the following license with respect to any and all Content You send, receive, or store through or in
the Platform: You hereby expressly grant to Banded a royalty-free, perpetual, non-exclusive, irrevocable right
and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, exploit, sublicense
or otherwise distribute and display the Content submitted in connection with the Platform, without restriction
and without compensation of any kind to You, and You waive all moral rights in all such Content, to the extent
that such activities are necessary for the function of the Platform.
- You represent and warrant that You own or otherwise control all the rights to any Content that You upload,
transmit or otherwise make available through the Platform; that use of the Content You provide does not violate
the intellectual property rights or any other rights of any third parties, and that use of the Content You
provide will not cause injury to any person or entity. In line with, and without limiting, the foregoing, You
specifically agree that You will not:
- send any Content that is unlawful (according to local, state, federal or international law) or any Content
that advocates illegal activity;
- send any Content that is defamatory, false or libelous, or that contains unlawful, harmful, threatening,
harassing, discriminatory, abusive, profane, pornographic or obscene material;
- send any Content that You do not have a right to provide under law or under a contractual or fiduciary
relationship;
- send any Content that contains software viruses or other harmful devices; or
- impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content You provide.
- You acknowledge, consent and agree that We may access, preserve and disclose Your Account information and any
Content You send or receive if required to do so by law or in a good faith belief that such access preservation
or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to
claims that any Content violates the rights of third-parties; (d) respond to Your requests for customer service;
or (e) protect the rights, property, or personal safety of Banded, its affiliates, its personnel, other users
and the public.
- Banded does not prescreen any Content sent, received, or stored through or in the Platform by You or others,
and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by
using the Platform, You may be exposed to Content that is inaccurate, offensive, indecent or objectionable.
Under no circumstances will Banded be liable in any way for any Content, including, but not limited to, any
errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed, transmitted or otherwise made available via the Platform and/or associated Services.
- You acknowledge that Banded is not obligated to pre-screen, regularly review, monitor, delete or edit the
Content of the Platform. However, Banded reserves the right to do so at any time at its sole discretion, either
itself or through its designees, for any reason or no reason, and to edit or delete any Content with or without
notice. Without limiting the foregoing, You agree that Banded and its designees have the right to edit or remove
any Content that violates these Terms or that Banded otherwise finds objectionable. Banded is not responsible or
liable for damages of any kind arising from any Content, or from Banded’s alteration or deletion of any
Content, even when We are advised of the possibility of such damages.
- Banded provides Internet-based services with the Platform. For more information about these features, contact
technical support. BY USING THESE FEATURES, YOU CONSENT TO THE TRANSMISSION OF PERSONAL INFORMATION AND TO THE
USE OF THAT INFORMATION BY BANDED OR ITS DESIGNEES FOR PURPOSES OF THESE TERMS.
- Banded and its advertisers may publicly display advertisements and other information adjacent to or included
with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent
of such advertising are subject to change without specific notice to You.
- This Platform may link You to other Platforms or sites on the Internet (“Linked Sites”). The
Linked Sites are not under Banded’s control, and We are not responsible for the contents of any Linked
Sites, including without limitation the accuracy, copyright compliance, legality, or decency of the Linked Sites
or any links contained therein. These links are provided for Your convenience or as part of Content, and do not
imply an endorsement of the Linked Sites by Banded or any association of its operators. You may be subject to
separate terms of service associated with Linked Sites with which You interact.
- 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.
- 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.
- Limited Warranty and Disclaimer
- THE PLATFORM LICENSED HEREIN IS LICENSED “AS IS” AND NEITHER BANDED NOR ITS REPRESENTATIVES OR
DISTRIBUTORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PLATFORM, ITS
USE, THE SERVICES, OR THE RESULTS OF SUCH USE. ALL WARRANTIES AND CONDITIONS OF ANY KIND, PAST OR PRESENT,
WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
- Without limiting the foregoing, We do not warrant or represent that the operation of the Platform will be
uninterrupted or error-free, or that any defect within the Platform will be corrected. Furthermore, We do not
warrant or make any representation regarding the results of Your use of the Platform in terms of capability,
correctness, accuracy, reliability, personal safety, or otherwise, or that the Platform or Service will meet
Your requirements, or that the Platform or Service is secure. No representation, specimen, oral or written
information or advice given by Banded or any representative of Us shall create a warranty.
- ANY LIABILITY OF BANDED OR ITS AFFILIATES FOR DEFECTS IN THE PLATFORM OR SERVICE WILL BE LIMITED EXCLUSIVELY
TO REPLACEMENT OF YOUR COPY OF THE PLATFORM WITH ANOTHER COPY OF THE PLATFORM, IF AVAILABLE.
- Maintaining Operating System: Banded cannot be responsible for the performance or maintenance of the
computer or mobile-device's operating systems (Windows, Mac OS, iPhone OS, Android or other) that You employ.
This includes bugs, viruses, spyware and other malware. Your operating system requires occasional security
patches, updates, and service packs. You need to ensure that whenever possible it is set to update automatically
and that it is receiving and installing updates and other maintenance releases. We also recommend that You
install antivirus software where possible.
- Third party software and hardware: We cannot be responsible for other software installed on the system
by the end user or that You choose to link to the Platform. We also cannot be responsible for any hardware,
whether it was purchased from us or not. The reliability, security, and warranty of hardware is between You and
the hardware manufacturer.
- Limitations and Indemnifications
- As the user of the Platform, You are solely responsible for the selection of the Platform to achieve Your
intended results, for the installation and use made of the Platform, and for the results obtained from the
Platform. You agree to follow the instructions contained in the Platform or materials provided from time to time
in connection with the Platform, for installation and use of the Platform.
- IN NO EVENT SHALL BANDED OR ITS RESELLERS, DISTRIBUTORS, EMPLOYEES, DIRECTORS, OWNERS, OR AFFILIATES (THE
“BANDED PARTIES”) BE LIABLE WHETHER IN CONTRACT OR IN TORT, FOR ANY LOSSES, INJURIES OR DAMAGES OF
ANY KIND, TO ANY PERSON OR ENTITY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL,
MULTIPLE, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES WHATSOEVER) ARISING OUT OF OR RELATING TO ANY USE, INABILITY
TO USE, CONDITION, PERFORMANCE, DEFECT OR FAILURE IN, OR IMPROPER USE OF, THE PLATFORM, THE SERVICE, OR THE
RESULTS OF THE PLATFORM OR THE SERVICE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFIT,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS, OR DAMAGES FOR LOST OR CORRUPTED
DATA), EVEN IF THE BANDED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- YOU UNDERSTAND AND AGREE THAT YOU USE THE PLATFORM AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES OR HARM THAT ARISE FROM SUCH USE. YOU UNDERSTAND THAT YOUR USE OF THE PLATFORM MAY
INVOLVE KNOWN, UNKNOWN AND/OR UNANTICIPATED RISKS THAT COULD RESULT IN INJURY OR ILLNESS, INCLUDING, BUT NOT
LIMITED TO, DANGERS THAT MAY BE CAUSED BY THE ACTS OR INTENTIONS OF OTHER USERS OR OTHER THIRD PARTIES
(INCLUDING WITHOUT LIMITATION, REGARDING ANY CONTENT OR MATERIALS (FOR EXAMPLE, INAPPROPRIATE OR EXPLICIT
CONTENT OR MATERIALS) THAT YOU, ANOTHER USER OR A THIRD PARTY POSTS, SUBMITS, PUBLISHES, STORES, DISCLOSES,
DISPLAYS, SENDS, TRANSMITS, DISSEMINATES, OR RECEIVES THROUGH THE SERVICE), OR OCCURRENCES BEYOND THE CONTROL OF
THE BANDED PARTIES. BY USING THE PLATFORM, YOU ASSUME ALL SUCH RISKS AND DANGERS AND ALL RESPONSIBILITY FOR ANY
LOSSES AND/OR DAMAGES. YOU VOLUNTARILY RELEASE, WAIVE, DISCHARGE AND HOLD HARMLESS THE BANDED PARTIES FROM ANY
AND ALL CLAIMS, DEMANDS OR CAUSES OF ACTION FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, LOSS OF SERVICE
OR OTHER CLAIMS THAT IN ANY WAY ARISE FROM OR ARE RELATED TO YOUR USE OF THE SERVICE. THE SERVICE IS INTENDED
ONLY AS PERSONAL, GEOGRAPHIC LOCATION-BASED SERVICE FOR INDIVIDUAL USE. YOU ACKNOWLEDGE AND AGREE THAT BANDED
HAS OFFERED THE PLATFORM, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE FOREGOING WARRANTY
DISCLAIMERS AND THE LIMITATIONS OF LIABILITY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS
AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK
BETWEEN YOU AND BANDED, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE
TERMS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND BANDED. BANDED WOULD NOT BE ABLE TO PROVIDE THE
SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
- Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special
damages, or the exclusion of implied warranties or limitations on how long a given warranty may last, so the
above limitations may not apply to You. The limitations provided in these Terms are intended to apply to the
fullest extent allowable under applicable law.
- If You are a California resident, You waive any rights You may have under §1542 of the California Civil
Code, which reads: “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 known by him must have materially
affected his settlement with the debtor.” You agree to release unknown claims and waive all available
rights under California Civil Code §1542 or under any other statute or common law principle of similar
effect. To the extent permitted by applicable law, this release covers all such claims regardless of the
negligence of the Banded Parties.
- Banded reserves the right at any time to modify or discontinue the Platform or any portion thereof with or
without notice and without liability to You.
- Device Integrity. We assume no liability whatsoever from compromised or unlicensed devices
running or accessing the Platform.
- You agree to indemnify, defend and hold harmless the Banded Parties from and against any claim, demand,
damages, cost and expenses, including reasonable attorney fees, arising from or related to Your use of the
Platform, or Your breach of any provision of these Terms or any warranty provided hereunder.
- 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.
- 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.
- 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:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed;
- 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;
- 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;
- 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;
- 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;
- 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:
- Remove or disable access to the material that is alleged to be infringing;
- Forward the written notification to such alleged infringer;
- 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:
- A physical or electronic signature of the alleged infringer;
- 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;
- 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;
- 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:
- promptly provide the complaining party with a copy of the Counter Notification;
- 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.
- Miscellaneous
- Resolution of Disputes. If You are dissatisfied with the Platform or the Service, if You do
not agree with any part of these Terms, or You have any other dispute or claim with or against Us with respect
to these Terms, the Platform, or the Service, Your sole and exclusive remedy is to discontinue using the
Platform and the Service.
- Governing Law. These Terms shall be construed in accordance with the laws of the State of
Ohio.
- Class Action Waiver and Timing of Causes of Action. YOU AND WE EACH AGREE THAT ANY DISPUTE OR
CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE PLATFORM WILL BE
RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH
CLAIM SHALL BE BROUGHT ONLY IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO OR, IF FEDERAL
JURISDICTION IS NOT AVAILABLE, IN THE STATE COURT OF HAMILTON COUNTY, OHIO. YOU HEREBY SUBMIT TO THE PERSONAL
JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR
ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.
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.
- These Terms may not be altered or amended except by a written document signed by an authorized officer of Us.
- If for any reason a court of competent jurisdiction finds any provision of these Terms, or a portion thereof,
to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the
intent of the parties and the remainder of these Terms shall remain in full force and effect.
- These Terms constitutes the entire agreement between You and Us with respect to Platform and Service and
supersedes any prior or contemporaneous understandings, representations, statements or agreements, written or
oral, regarding the Platform and Service.
- We may modify the Platform, the Service, and these Terms at any time for any reason.
- The section headings used herein are for convenience of reference only and do not form a part of these terms
and conditions, and no construction or inference shall be derived therefrom.
- If You have any complaints, You may contact Us at the email address noted herein. California residents may
reach the Complaint Assistance Unit of the of the Division of Consumer Services of the California Department of
Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800)
952-5210 or as otherwise set forth at https://www.dca.ca.gov/about_us/contactus.shtml (or a successful URL).
- If You have any questions or feedback regarding these Terms, please contact Us at:
Bandeddating@gmail.com