Last Updated: June 1, 2012
MediaFriends, Inc. is the provider of a service called BNDWGN ("BNDWGN"). BNDWGN ("BNDWGN", or "we") provides our users the ability to view material, from social networking services ("SNSs") and the Internet generally in an innovative way. BNDWGN also provides our users the ability to create unique groups around such content by inviting Facebook friends and allows you to send messages to friends you or others add to the group. The services offered by BNDWGN include our software applications (including any updates, new versions or new releases thereof), including, but not limited to, applications for mobile devices (each a "BNDWGN Application"), our website located at www.BNDWGN.net (the "Site") and any other services offered by BNDWGN in connection with our BNDWGN Application or the Site (any and all of the foregoing are referred to as the "Services"). The Services do not include any SNS or other third-party service you interact with via the Services.
A "BNDWGN App User" is a person who has downloaded and installed a copy of the BNDWGN Application.
Consent to add group members. BNDWGN makes it easy for you to add group members to your groups so that you can exchange messages with each other. BY JOINING A GROUP, YOU AGREE THAT YOU HAVE CONSENTED TO RECEIVE TEXT MESSAGES FROM ANYONE ELSE IN THAT GROUP.
You also consent to receive periodic messages from BNDWGN. as part of the Service. BNDWGN sometimes sends administrative messages to members of the group. BY SIGNING UP FOR THE SERVICE AND JOINING A GROUP, YOU AGREE THAT YOU HAVE CONSENTED TO RECEIVE TEXT MESSAGES FROM BNDWGN. You may permanently cease receiving messages from any group by removing yourself from the group.
As a BNDWGN user you agree to receive messages from us and from other users.
If you create an account on BNDWGN, you are responsible for maintaining the security of your account and groups, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your groups. You must immediately notify us of any unauthorized uses of your group, your account, or any other breaches of security. We will not be liable for any acts or omissions by any user, including any damages of any kind incurred as a result of such acts or omissions. Further, you agree that you will provide only truthful information in your user profile.
We give you full control of your BNDWGN account, but with that comes the responsibility of protecting and managing it. If you believe your account has been compromised, please notify us immediately at privacy@BNDWGN.net.
Sometimes we need to update our terms and services; we will always promptly inform you of these changes and by continuing to use the services you agree to the changes.
The Site, Services and BNDWGN Content are intended solely for persons who are 13 years of age or older. Any access to or use of the Site, Services and BNDWGN Content by anyone under the age of 13 is expressly prohibited. By accessing or using the Site, Services and BNDWGN Content you represent and warrant that you are 18 or older or, if younger than 18, are at least 13 years of age and have a parent’s or guardian’s permission to access or use the Site, Services and BNDWGN Content.
In order to use certain current or future portions or functionalities of the Site, Services or BNDWGN Content, you may be required to register for a user name and password (a “BNDWGN Account”). BNDWGN reserves the right to reject any user name selected by you and/or revoke your right to any previously selected user name and give such user name to any other person or entity in BNDWGN’s sole discretion and without any liability to you. You are responsible for maintaining the confidentiality of your BNDWGN Account credentials in order to use the Services, and are fully responsible for all activities that occur through the use of your credentials. You should use a robust password to protect your BNDWGN Account through a combination of upper and lower case letters, numbers and other characters. You agree to notify BNDWGN immediately of any unauthorized use of your BNDWGN Account credentials or any other breach of security with respect to your BNDWGN Account. BNDWGN will not be liable for any loss or damage arising from unauthorized use of your BNDWGN Account credentials.
You agree to provide accurate, current, complete, and non-misleading information to BNDWGN in connection with your creation of a BNDWGN Account and during your use of the Site and Services. You agree that you will not use the BNDWGN Application to access or use third party services to which you do not have the right to access. If you are not a BNDWGN App User, then you may only browse areas of the Site or use the parts of the Services that are not limited to BNDWGN App Users only.
BNDWGN users must be at least 13 years of age. When you register, you agree that all information you provide is accurate. You will not use BNDWGN to access sites that you do not have the right to access.
The Services may interface or work with third party services (such as SNSs or your mobile phone provider). These third party services are not maintained or controlled by BNDWGN and BNDWGN makes no representations or warranties as to the security or performance of any third party service. Your use of any third party service is subject to the terms and conditions for each such service. BNDWGN is not responsible for data or Wifi charges (both in market and roaming) incurred while using the Services. You understand that carrier charges may apply.
By using the BNDWGN Application to find material on the Internet, you instruct BNDWGN to present portions of the data sources that you have selected. You acknowledge sole responsibility for and assume all risk arising from your access to, use of or reliance upon any such Third Party Materials, and BNDWGN disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials via a BNDWGN Application. You acknowledge and agree that BNDWGN: (a) is not responsible for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (c) does not make any promises to remove Third Party Materials from being accessed through the Services. Your ability to access or link to Third Party Materials or third party services (including any SNS) does not imply any endorsement by BNDWGN of Third Party Materials or any such third party services.
BNDWGN works with 3rd party services. We do not maintain these services and are not responsible for their content. You are responsible for making sure you have the right to use any content. Also, please be aware that we are also not responsible for any carrier data charges incurred while using the app. We’re definitely a free app though!
BNDWGN claims no ownership interest in any Third Party Materials and expressly disclaims any liability concerning those materials. All trademarks, service marks, logos, trade names, and any other proprietary designations of BNDWGN used herein are trademarks or registered trademarks of BNDWGN. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Please be respectful of our copyright and trademark rights. We will be respectful of your rights and the rights of others.
You may not (a) copy or modify the BNDWGN Application; (b) transfer, sell, rent, lease, distribute, sublicense or otherwise assign any rights to, or any portion of, the BNDWGN Application to any third party; or (c) make the functionality of the BNDWGN Application available to multiple users through any means, including, but not limited to, distribution of the BNDWGN Application or by uploading the BNDWGN Application to a network or file-sharing service or through any hosting, application services provider or any other type of service. The BNDWGN Application contains trade secrets, and in order to protect those secrets you agree not to disassemble, decompile or reverse engineer the BNDWGN Application, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition. You will comply with any technical restrictions in the BNDWGN Application that allow you to use the BNDWGN Application only in certain ways.
Export Control. You may not use, export, re-export, import, or transfer the BNDWGN Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the BNDWGN Application, and any other applicable Laws. In particular, but without limitation, the BNDWGN Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the BNDWGN Application, you represent and warrant that you are not located in any such country or on any such list. You also will not use the BNDWGN Application for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
You are licensed to use BNDWGN. Please use it as intended and do not attempt to modify or change the App or Service. Your use is subject to certain laws on access to goods and services.
You will not use the Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying the Company and its affiliates that your copyrighted material has been infringed.
Copyright Agent: MediaFriends Copyright Agent 10 Canal Park, Suite 620 Cambridge, MA 02141 phone: +1 617.758.6226 fax: +1 617.758.6292 e-mail: copyright@BNDWGN.net
BNDWGN has a policy that provides for the termination in appropriate circumstances of subscribers and account holders who are repeat infringers. A repeat infringer is any user that has uploaded User Content to the Services and for whom BNDWGN has received more than two takedown notices compliant with applicable law with respect to such User Content, absent exception circumstances. Additionally, we reserve the right to terminate subscribers and accounts holders who infringe on a single occasion if the circumstances warrant.
We are respectful of copyright laws and require that you be also; please email us at copyright@BNDWGN.net if you have any concerns.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at Support4BNDWGN@BNDWGN.net. You acknowledge and agree that all Feedback will be the sole and exclusive property of BNDWGN and you hereby irrevocably assign to BNDWGN all of your right, title, and interest in and to all Feedback, including without limitation, all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At BNDWGN’s request and expense, you will execute documents and take such further acts as BNDWGN may reasonably request to assist BNDWGN to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Tell us what you think and how we may improve BNDWGN -- email us at Support4BNDWGN@BNDWGN.net, and we will work hard to resolve your issue. Of course we own any feedback provided.
We let you interact via messaging however you like with the other users. So, do unto others as you would have done unto you. If we have to investigate anything, you agree to help if you can.
You agree not to do any of the following while using the Site, Services or BNDWGN Content:
BNDWGN reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone using the Site or Services. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
We are respectful of copyright laws and require that you be also; please email us at copyright@BNDWGN.net if you have any concerns.
BNDWGN does not promote and has no obligation with respect to any Promotions listed, described, or made available through any Third Party Materials or User Content.
We may have some cool things that our users will be able to win or participate in, but always read the fine print for rules and details.
We have the right to discontinue service without notifying you, but you can also choose to leave our service without notifying us.
THE SITE, SERVICES, BNDWGN CONTENT, THIRD PARTY MATERIALS AND USER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BNDWGN EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BNDWGN MAKES NO WARRANTY THAT THE SITE, SERVICES, BNDWGN CONTENT, THIRD PARTY MATERIALS OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, WILL BE FREE OF ANY VIRUS, MALWARE, OR OTHER MALICIOUS CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BNDWGN OR THROUGH THE SITE, SERVICES, BNDWGN CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Sometimes, stuff happens. We will try very hard to provide you a service without issues, but we can’t guarantee anything.
IN NO EVENT WILL BNDWGN’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN EXCEED THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100) AND THE AMOUNT YOU HAVE PAID BNDWGN FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
TO THE EXTENT THAT, IN ANY JURISDICTION, ANY OF THE EXCLUSIONS, DISCLAIMERS OR LIMITATIONS ARE NOT PERMITTED BY LAW, LIABILITY WILL BE LIMITED AS FAR AS LEGALLY PERMISSIBLE UNDER THE APPLICABLE LAW, RULES, OR LEGISLATION.
If you do something wrong, you will protect us. If something goes really wrong, we are not liable. However, you can go back to using your social networks individually, like before.
Please read this carefully. It affects your rights. YOU AND BNDWGN AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES. Arbitration is more informal than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to BNDWGN, to you via any other method available to BNDWGN, including via e-mail. The Notice to BNDWGN should be addressed to: MediaFriends, Inc., 10 Canal Park, Sixth Floor, Cambridge, MA 02141, Attn: Chief Executive Officer (the “Arbitration Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the “Demand”). If you and BNDWGN do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or BNDWGN may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (the “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. If you are required to pay a filing fee to commence an arbitration against BNDWGN, then BNDWGN will promptly reimburse you for your confirmed payment of the filing fee upon BNDWGN’s receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000, in which case you are solely responsible for the payment of the filing fee.
The arbitration shall be conducted in the English language. A single independent and impartial arbitrator shall be appointed pursuant to the Rules, as modified herein. You and BNDWGN agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
The arbitrator's award will be final and binding, except for: (1) any appeal right under the Federal Arbitration Act, 9 U.S.C. §§1 et seq. (the "FAA"); and (2) claims involving more than $ 10,000 For claims involving more than $10,000, any party may appeal the award to a three-arbitrator panel appointed by the Administrator, which will reconsider anew any aspect of the initial award that is appealed. YOU AND BNDWGN AGREE THAT YOU AND BNDWGN MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION SHALL BE NULL AND VOID.
All claims you bring against BNDWGN must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, BNDWGN may recover attorneys’ fees and costs up to $5,000, provided that BNDWGN has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
If there’s a dispute that can’t be handled in small claim’s court, we will handle it through the method of arbitration (mediation).
Our agreement is with you – you may not transfer your obligations to someone else without our permission.
You agree that when we need to contact you, we may do so electronically either via e-mail or on our website.
We will not be liable to you for any delay or failure to perform any obligation under the Terms if the delay or failure is due to circumstances beyond our reasonable control.
If there’s a delay or failure to perform that is beyond our control, like a tornado in Boston, we are not liable.
The services hereunder are offered by MediaFriends, Inc., located at 10 Canal Park, Sixth Floor, Cambridge, Massachusetts 02141.
If you access the Services from other locations, you are responsible for complying with local laws. You may contact us by sending correspondence to the foregoing address or by emailing us at info@BNDWGN.net.
BNDWGN is owned by MediaFriends, Inc. and we’re a mobile software company from Cambridge, MA.