Terms

Last Updated: June 1, 2012

We know you typically don’t read the Terms of Use, so we made it our priority to make them easy to read. The column on the left is what our lawyers require us to say. The column on the right provides the simplified version of our Terms of Use and is not legally binding. By using BNDWGN and its services, you agree to the Terms of Use outlined below.

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.

Please read the following terms and conditions ("Terms of Use") carefully as they govern your access to and use of the Site, Services and BNDWGN Content and set forth the legally binding terms for your use of the Site, Services and BNDWGN Content, whether or not you are a BNDWGN App User or a visitor of the Site.

A "BNDWGN App User" is a person who has downloaded and installed a copy of the BNDWGN Application.


Agreement

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE BNDWGN APPLICATION, SITE, OR SERVICES, BY DOWNLOADING THE BNDWGN APPLICATION TO ANY DEVICE OR POSTING OR ACCESSING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THE SITE, SERVICES OR BNDWGN CONTENT. YOU MAY NOT USE THE SITE, SERVICES OR BNDWGN CONTENT IF YOU ARE A PERSON BARRED FROM USING THE SERVICES UNDER THE LAWS OF THE UNITED STATES OR OTHER COUNTRIES, INCLUDING THE COUNTRY IN WHICH YOU ARE RESIDENT OR FROM WHICH YOU USE THE SERVICES. Different terms and conditions may apply to certain areas of the Site and Services (and your access to or use of BNDWGN Content) and you may be required to agree to and accept additional terms and conditions or to register for certain uses of the Site or Services. If there is a conflict between these Terms of Use and terms and conditions posted for a specific area of the Site, Services or BNDWGN Content, the latter terms and conditions will take precedence with respect to that area of the Site, Services or BNDWGN Content.

In other words...

Like we said above, by using BNDWGN you agree to all the Terms of Use.


BNDWGN Messages and Consent

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.

In other words...

As a BNDWGN user you agree to receive messages from us and from other users.


BNDWGN Accounts and Use of Service

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.

In other words...

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.


User Responsibilities

If you operate a group, post material to one, or otherwise make (or allow any third party to make) material available by means of the Service ("User Content"), you are entirely responsible for the content of, and any harm resulting from, that User Content. By using the Service, you assume responsibility for your use of the Service and agree not to use it in ways not explicitly authorized by BNDWGN. You represent and warrant that you own and control all of the rights to the User Content that you share using the Service, or you otherwise have the right to post or share the User Content on the Service; and represent and warrant that the use and posting of the User Content you supply does not violate the Terms of Use, will not violate any rights of or cause injury to any person or entity, and will not, and is not intended to harm, harass, discriminate or otherwise create any liability of any type for us or others.

In other words...

We ask that you please use BNDWGN respectfully, in accordance with our Terms of Use, and lawfully.


Modification of Services and Terms

BNDWGN may periodically make updates to the Service. Disruptions to the Service are rare but may occur. This may prevent you from accessing the Site or Services. BNDWGN is not obligated to maintain or support the BNDWGN Application, to provide all or any specific content through the BNDWGN Application, or to provide you with updates, upgrades or services related thereto. BNDWGN shall have no liability to you arising out of the performance or non-performance of the BNDWGN Application. BNDWGN reserves the right, in its sole discretion, to modify, discontinue or terminate the Site or Services. BNDWGN reserves the right, in its sole discretion to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the Site or within the BNDWGN Application or otherwise provide you with notice of the modification. By continuing to access or use the Site or Services after we have posted a modification to these Terms of Use or have provided you with notice of a modification, you are agreeing to be bound by the modified Terms of Use.

In other words...

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.


Eligibility and Access

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.

In other words...

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.


Third Party Services, Materials and Agreements

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.

These Terms of Use do not authorize you to, and you may not, reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of or otherwise use or exploit any Third Party Materials except as expressly permitted by the Application as authorized by BNDWGN, and the owners of such Third Party Materials may have the right to seek damages against you for any unauthorized use of their Third Party Materials.

In other words...

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!


Privacy

By using the Services you are subject to BNDWGN’s Privacy Policy located at BNDWGN.net/privacy, which is hereby incorporated into and made part of these Terms of Use. The Privacy Policy provides information and notices concerning BNDWGN’s collection and use of your personal information. If you have any questions about the BNDWGN Privacy Policy, then please contact BNDWGN at privacy@BNDWGN.net.

In other words...

Please read our Privacy Policy and if you have questions, email us at privacy@BNDWGN.net.


Ownership

The copy of the BNDWGN Application is licensed, not sold, to you. You agree that BNDWGN and its licensors own all right, title and interest in and to the BNDWGN Application, including all intellectual property rights therein, and that BNDWGN retains ownership of all copies of the BNDWGN Application even after installation on your mobile device. The Site, Services, and BNDWGN Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, BNDWGN and its licensors exclusively own all right, title and interest in and to the Site, Services, and BNDWGN Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or BNDWGN Content.

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.

By making available any User Content through the Site and Services, you hereby grant to BNDWGN a worldwide, non-exclusive, transferable, assignable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast, make available, communicate to the public, and otherwise use and exploit (collectively, “Use”) such User Content only on, through or by means of the Site and the Services. BNDWGN does not claim any ownership rights in any such User Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to Use any such User Content. Licenses granted with respect to any photographs, artwork or images uploaded by you will terminate within 30 days following your deletion of such User Content from the Services or the termination of your BNDWGN Account, but the license granted by you with respect to any other User Content, including, but not limited to, any comments regarding any aspect of the Services or communications with another user of the Services, will be perpetual and irrevocable. Notwithstanding the preceding sentence, you hereby acknowledge and agree that BNDWGN shall not be liable for any Uses of your User Content by any third party that had access to your User Content during the period in which your User Content was available on or through the Services.

U.S. Government End Users. The BNDWGN Application and related documentation are “commercial items” as that term is defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. If the BNDWGN Application and related documentation are being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the BNDWGN Application and related documentation will be only those specified in these Terms of Use.

In other words...

Please be respectful of our copyright and trademark rights. We will be respectful of your rights and the rights of others.


BNDWGN Application License

Subject to your compliance with the terms and conditions of these Terms of Use, BNDWGN grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to download and install a copy of the BNDWGN Application onto any authorized device you own and control, and to run such copy of the BNDWGN Application solely for your personal, non-commercial use. If you download a BNDWGN Application from the iTunes Store or Android Market, you agree to their respective Terms of Service. BNDWGN reserves all rights in the BNDWGN Application not expressly granted to you in these Terms of Use.

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.

In other words...

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.


Copyright Concerns

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.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
  • Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

  • The Company’s Copyright Agent for notice of claims of copyright infringement on the Services can be reached as follows:

    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.

In other words...

We are respectful of copyright laws and require that you be also; please email us at copyright@BNDWGN.net if you have any concerns.


Feedback

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.

In other words...

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.


Interactions between Users

You are solely responsible for your interactions (including any disputes) with other users. You understand that BNDWGN does not in any way screen BNDWGN users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other BNDWGN users. You agree to take reasonable precautions in all interactions with other BNDWGN users, particularly if you decide to communicate with a BNDWGN user offline or meet them in person. Your use of the Site, Services, BNDWGN Content, and any other content made available through the Site or Services is at your sole risk and discretion, and BNDWGN hereby disclaims any and all liability to you or any third party relating thereto. BNDWGN reserves the right to contact BNDWGN users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Use. You will cooperate fully with BNDWGN to investigate any suspected unlawful, fraudulent or improper activity via the Services.

In other words...

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.


General Prohibitions

You agree not to do any of the following while using the Site, Services or BNDWGN Content:

  • Access, post, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, including, but not limited to, in any Third Party Materials; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, vulgar, offensive, shocking or objectionable; (v) constitutes child pornography or child erotica; (vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual, group, class of people or characteristics of any person; (vii) is violent or threatening or promotes violence or actions that are threatening to any other person; or (viii) promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
  • Use, display, mirror, frame or utilize framing techniques to enclose the Site or Services, or any individual element or materials within the Site or Services, BNDWGN’s name, any BNDWGN trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without BNDWGN’s express written consent;
  • Access, tamper with, or use non-public areas of the Site or Services, BNDWGN’s computer systems, or the technical delivery systems of BNDWGN’s providers;
  • Attempt to probe, scan, or test the vulnerability of any BNDWGN system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by BNDWGN or any of BNDWGN’s providers or any other third party (including another user) to protect the Site, Services or BNDWGN Content;
  • Attempt to access or search the Site, Services or BNDWGN Content or download BNDWGN Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by BNDWGN or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a BNDWGN trademark, logo URL or product name without BNDWGN’s express written consent;
  • Use the Site, Services or BNDWGN Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or BNDWGN Content to send altered, deceptive or false source- identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or BNDWGN Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network connected to the Site or Services, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
  • Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission; Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

BNDWGN will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site and Services security issues, to the fullest extent of the law. BNDWGN may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use or the rights of any third party.

You acknowledge that BNDWGN has no obligation to monitor your access to or use of the Site, Services or BNDWGN Content or to review or edit any User Content or Third Party Materials, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. BNDWGN reserves the right, at any time and without prior notice, to remove or disable access to any BNDWGN Content, Third Party Materials, and any User Content, that BNDWGN, in its sole discretion, considers to be in violation of these Terms of Use or otherwise harmful to the Site or Services.

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.

In other words...

We are respectful of copyright laws and require that you be also; please email us at copyright@BNDWGN.net if you have any concerns.


Sweepstakes and Contests

BNDWGN may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Site and Services. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Site and Service, as they may contain additional important information about BNDWGN rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such Official Rules conflict with these Terms of Use, the terms and conditions of such Official Rules will control.

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.

In other words...

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.


Termination

Without limiting other remedies, BNDWGN may at any time suspend, terminate, or refuse to provide you with access to the Site or Services. In addition, BNDWGN may notify authorities or take any actions it deems appropriate, without notice to you, if BNDWGN suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (a) failed to comply with any provision of these Terms of Use or any policies or rules established by BNDWGN; or (b) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, BNDWGN users, BNDWGN or any other third parties or the Site or Services.

Without limiting any other terms of these Terms of Use, you may stop using the Site and Services at any time.

After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Use will immediately cease. BNDWGN will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE SITE OR VIA THE SERVICES WILL NO LONGER BE ACCESSIBLE BY YOU VIA THE SERVICES.

Any suspension, termination or cancellation will not affect your obligations to BNDWGN under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive and do survive such suspension, termination or cancellation.

In other words...

We have the right to discontinue service without notifying you, but you can also choose to leave our service without notifying us.


Disclaimers

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.

In other words...

Sometimes, stuff happens. We will try very hard to provide you a service without issues, but we can’t guarantee anything.


Indemnity & Limitation of Liability

Indemnity
You agree to defend, indemnify, and hold BNDWGN, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content, your access to or use of the Site, Services or BNDWGN Content, or your violation of these Terms of Use.

Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, INCLUDING THE BNDWGN APPLICATION, AND CONTENT THEREIN REMAINS WITH YOU. NEITHER BNDWGN, ITS EMPLOYEES, OFFICERS, AND DIRECTORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR BNDWGN CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BNDWGN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT BNDWGN IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS, THIRD PARTIES OR THIRD PARTY MATERIALS, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

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.

In other words...

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.


Dispute Resolution

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.

Barring extraordinary circumstances, the arbitrator shall issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator shall be in writing and shall include a statement setting forth the reasons for the disposition of any claim. The arbitrator shall apply the laws of the State of Massachusetts in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in these Terms of Use.

These Terms of Use and your use of the Service shall be governed by the substantive laws of the State of Massachusetts without reference to its choice or conflicts of law principles. Only if the Mandatory Arbitration clause is deemed to be null and void, then all disputes arising between you and BNDWGN under these Terms of Use shall be subject to the exclusive jurisdiction of the state and federal courts located in Boston, Massachusetts, and you and BNDWGN hereby submit to the personal jurisdiction and venue of these courts.

The foregoing provisions of this Dispute Resolution section do not apply to any claim in which BNDWGN seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms of Use by BNDWGN or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against BNDWGN, including with respect to any User Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms of Use.

You and BNDWGN agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms of Use or the Site or the Services, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

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.

In other words...

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).


Assignment

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without BNDWGN’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. BNDWGN may freely assign these Terms of Use. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors, and permitted assigns.

In other words...

Our agreement is with you – you may not transfer your obligations to someone else without our permission.


Notices

You consent to the use of: (a) electronic means to complete these Terms of Use and to deliver any notices or other communications permitted or required hereunder; and (b) electronic records to store information related to these Terms of Use or your use of the Site or Services. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Use, will be in writing and given by BNDWGN (x) via email if applicable (in each case to the address that you provide); or (y) by posting to the Site or Services. For notices made by e-mail, the date of transmission will be deemed the date on which such notice is transmitted.

In other words...

You agree that when we need to contact you, we may do so electronically either via e-mail or on our website.


Force Majeure

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.

In other words...

If there’s a delay or failure to perform that is beyond our control, like a tornado in Boston, we are not liable.


General

These Terms of Use represent the entire agreement between you and BNDWGN relating to the subject matter herein and supersede all previous communications, representations, understandings, and agreements, either oral or written, between you and BNDWGN with respect to the subject matter hereof. These Terms of Use shall not be modified except in writing, signed by both parties, or by a change to these Terms of Use made by BNDWGN as authorized in these Terms of Use. The heading references used in these Terms of Use are for convenience purposes only, do not constitute a part of these Terms of Use, and shall not be deemed to limit or affect any of the provisions hereof. The failure of BNDWGN to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of BNDWGN. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect. There are no third-party beneficiaries of these Terms of Use unless provided expressly by this agreement. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BNDWGN as a result of these Terms of Use or your use of the Site or the Services. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and BNDWGN other than pursuant to these Terms of Use.

In other words...

We have to follow our Terms of Use, just like you do. These Terms of Use spell out our entire agreement with regard to BNDWGN. They apply unless a court says otherwise.


Disclosure

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.

In other words...

BNDWGN is owned by MediaFriends, Inc. and we’re a mobile software company from Cambridge, MA.