(EFFECTIVE FROM MARCH, 2019)
PLEASE READ THROUGH THESE TERMS CAREFULLY
These terms govern your use of Bynoi with a login account. By choosing to accept the terms, you will be able to use Bynoi with your favorite provider(s) of digital entertainment content that are supported by Bynoi. You should regularly review the terms that can be found on Bynoi’s website, http://bynoi.com/terms, to stay updated with the newest changes to the terms and conditions, as the terms governing your use of Bynoi may be modified from time to time.
Bynoi is digitally present in most parts of the world, and the terms may have been automatically translated, entirely or partially, into the language of your country. In the event of translation errors or linguistic discrepancies between the two versions, the terms and conditions set forth in the Danish version shall always take legal precedence.
Bynoi is a digital media platform service (“Service” or “Services”) that allows users to search, share, access and use additional external digital services in Bynoi’s digital environment, including videos, TV, music, livestreams, radio, podcasts, pictures, e-books, magazines, illustrations, games, etc., and/or to share and search for content and communicate within Bynoi’s social network.
You enter into an agreement with and make payments to any third-party service you access or opt in to as part of your use of Bynoi, even if the agreements or payments are processed via Bynoi’s platform. Bynoi therefore assumes no financial, legal or other liability for third-party consequences.
Please direct all questions regarding external services to your provider.
If you have questions concerning this agreement, or if you need technical support for Bynoi, you can find the relevant email on the contact page.
These terms are a legal agreement between you and Bynoi that, among other things, govern the terms and conditions for your use of Bynoi, including the applications offered on our website, mobile, app, Smart TV or any other available device.
BYNOI IS NOT INTENDED FOR USE BY ANYONE UNDER THE AGE OF 13 YEARS, AND WE DO NOT KNOWINGLY COLLECT PERSONAL INFORMATION FROM CHILDREN ON OUR WEBSITE. BECAUSE BYNOI MAY PROVIDE ACCESS TO EXPLICIT CONTENT WITH OFFENSIVE LANGUAGE OR PICTURES OF VIOLENCE, SEX, OR DRUG ABUSE, ANYONE BETWEEN 13 AND 17 YEARS OF AGE SHOULD BE UNDER PARENTAL AUTHORITY.
1. AUTHORIZED USERS
1.1 Age requirement; permission
You must be at least 13 years old to use Bynoi. If you are under 13 years old and wish to use Bynoi, your parent should agree to this agreement on your behalf. You (”you”) confirm that (i) you have read, understood and agree to be bound by this agreement, and that (ii) you are at least 13 years old, or if you are younger you have read and agreed to be bound by this agreement with a parent. If you do not agree or cannot agree to the terms and conditions of this agreement, you may not approve for acceptance and must not attempt to gain unauthorized access to any of Bynoi’s services.
1.3 Account Confidentiality
You agree not to permit anyone else to use your Account Information. You have responsibility for taking measures to maintain the confidentiality and security of your account. You agree to notify us immediately of any unauthorized use of your password and/or account. We do not assume liability for any losses arising out of the unauthorized use of your member name, account name, password and/or account, and you agree to indemnify, defend and hold us and our partners, parent companies, subsidiaries, agents, affiliates and/or licensors, as applicable, harmless with respect to any improper, unauthorized or illegal uses hereof.
To prevent unauthorized access, to maintain data accuracy and to ensure proper use of Account Information, Bynoi uses appropriate physical, technical and organizational security measures to safeguard the information we collect.
We use Secure Sockets Layer (SSL) encryption when collecting or transferring sensitive information, such as credit card information. SSL encryption is designed to make the information unreadable by anyone but us. Credit card numbers are used only for processing payments and are not used for other purposes.
2. LICENSE TO USE BYNOI
2.1 Granting of License
Bynoi grants you a limited, non-exclusive, non-transferable license to access and use Bynoi for personal purposes only. Any violation by you of the license provisions contained in Section 2.1 may result in the immediate termination of your right to use Bynoi. Bynoi reserves all rights, titles and interests not expressly granted under this license, to the fullest extent possible under applicable laws. ANY USE OF BYNOI NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
Bynoi may, from time to time, automatically make updates available to all users of Bynoi at no cost or subject to additional fees, at our sole discretion. “Updates” means any updates, upgrades or error corrections to Bynoi that we make generally available to users of Bynoi. Notwithstanding anything else contained in this agreement, Bynoi has no obligation to continue producing or releasing new versions of Bynoi or any updates thereto.
3. CONTENT AND RESTRICTIONS
You agree that content and any metadata may be licensed by Bynoi from content providers (“Content Providers”). All content is licensed – not sold, transferred or assigned –to you for personal, non-commercial use only via Bynoi and Bynoi-approved services.
You agree that you will not:
3.1 use Bynoi to reproduce or facilitate access to copyrighted materials for which you do not own the copyrights;
3.2 copy, store, edit, change, prepare any derivative work of or alter in any way any content provided by Bynoi, unless specifically enabled and authorized by Bynoi;
3.3 provide your password to any other person
3.4 translate, reverse engineer, decompile, disassemble, modify or create derivative works based on Bynoi or any portion thereof;
3.5 circumvent any technology used by Bynoi or its licensors or partners to protect content accessible via Bynoi;
3.6 rent, lease or sublicense any of Bynoi’s services; or
3.7 use Bynoi in any way that violates the terms of this agreement.
Without limiting the general validity of the foregoing, unless specifically enabled and authorized to do so by a Bynoi service, you may not duplicate, reproduce, transfer, record or make copies of content or any portion thereof, including, without limitation, by “burning”, P2P file-sharing, posting, uploading or downloading onto any physical medium, memory or device, portable media devices, computers or other hardware or any other medium now owned or hereinafter devised. You may not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the content is wrapped or otherwise associated. You may not decompile, copy, reproduce, reverse engineer, disassemble or otherwise reduce the computer file in which the content is stored to a human-readable form. Any unauthorized copying or other activities that infringe upon the intellectual property rights of owners of the content, are prohibited, and you agree to the automatic termination of Bynoi if you engage in any infringing activities. Upon any such termination, the content may be deleted from your Bynoi services.
4. COPYRIGHT & DIGITAL COPYRIGHT
In the agreement between you and Bynoi, you acknowledge that Bynoi owns or has a license to all titles and copyrights in and for the Bynoi services we have created. All title and intellectual property rights in and for the content in Bynoi are the property of the respective owner(s) of the content, and may be protected by applicable copyright or other intellectual property laws and treaties, and subject to use restrictions under such laws or treaties. No right, title or interest is transferred to you.
If you send, store, upload, link to or view any submissions, or make use of any content, behavior or actions in Bynoi, hereby also for your own material and/or material from anyone else that is viewed, accessed or shared in Bynoi, these are entitled to unrestricted use by Bynoi at any time and for any purpose, and Bynoi does not assume liability for the use or disclosure of such submissions at any time during or after your agreement with Bynoi. Without limitation of the foregoing, Bynoi owns all now-known or hereafter existing rights to submissions of any kind, anywhere in the world, and shall hereafter be entitled to unrestricted use of the submissions and content for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions. The content of the submissions must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or injurious to third parties or otherwise objectionable, and may not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass emailing or any form of “spam”. You may not use a false email address, telephone number or other contact information, impersonate any person or entity or otherwise mislead as to the origin of the content. We reserve the right, but have no obligation, to remove or edit such content. Note that we do not regularly review posted content.
Bynoi uses technology to protect the digital information delivered by Bynoi from unauthorized use. Your use of Bynoi may be limited by such technology. You acknowledge that Bynoi, from time to time, may modify or discontinue using such technology. Security modifications made by Bynoi may sometimes include required updates to Bynoi. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.
7. AGREEMENT TO PAY
When you elect to purchase various Bynoi services, you agree to pay all charges associated with such a purchase. All such charges (including any taxes, as applicable) will be charged on your credit card. When you purchase any Bynoi services or content for use in or outside of Bynoi, you must maintain valid credit card information in your Account Information.
This agreement remains effective until terminated by you or Bynoi, provided that Sections 3 through 5 and 9 through 13 remain in effect after termination of the agreement.
BYNOI (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES OR PLUG-INS AND ANY CONTENT ARE LICENSED TO YOU “AS IS”. ANY USE OF BYNOI WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BYNOI DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PROPERTY RIGHTS AND NON-INFRINGEMENT. BYNOI MAKES NO GUARANTEES THAT BYNOI WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND BYNOI DISCLAIMS ANY LIABILITY RELATING THERETO.
BYNOI MAKES NO REPRESENTATIONS OR GUARANTEES THAT USE OR RESULTS OF THE USE WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, BYNOI MAY MODIFY, SUSPEND OR DISCONTINUE BYNOI (INCLUDING ANY CONTENT PROVIDED THEREBY) OR YOUR USE HEREOF. WHENEVER BYNOI ELECTS TO MODIFY, SUSPEND OR DISCONTINUE BYNOI, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. BYNOI DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION.
YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING BYNOI. BYNOI DOES NOT ASSUME LIABILITY TO YOU FOR SUCH CONTENT.
SOME OF THE CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH BYNOI MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT BYNOI ASSUMES NO LIABILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.
10. LIMITATIONS OF LIABILITY
REGARDLESS OF WHETHER BYNOI HAS BEEN ADVISED OF THE POSSIBILITY, IN NO EVENT WILL BYNOI BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BYNOI WILL CREATE WARRANTY, AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
BYNOI’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF ONE DOLLAR ($1,00) OR THE TOTAL AMOUNT PAID BY YOU FOR THE APPLICABLE BYNOI SERVICES AT ISSUE.
YOU WILL INDEMNIFY, DEFEND AND HOLD BYNOI, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF 1) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, OR 2) YOUR USE OF BYNOI SERVICES.
Bynoi or its partners may present adverts or promotional material via Bynoi. Your dealings with, or participation in promotions of any third-party advertisers via Bynoi are solely between you and such third parties, and your participation is subject to the terms and conditions associated with the advertisement or promotion of those third parties. You agree that Bynoi is not liable for any loss or damage of any sort incurred as the result of any such dealings, or as the result of the presence of such third parties via Bynoi.
Bynoi may present links to third-party websites or third-party services not owned or operated by us. We are not responsible for the availability of these third-party websites or services or their content. You agree that we are not liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party website or service, or goods or services available through any such third-party website or service.
Bynoi Services are owned or licensed by Bynoi or its partners and are protected by EU copyright laws, as well as international treaty provisions. You will not sublicense, assign or transfer the license granted to you under this agreement. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations in violation of the provisions of this agreement is void.
This agreement is governed by EU regulations. The exclusive jurisdiction for any claim, action or dispute against Bynoi, or any related use of Bynoi, lies with Danish courts, and the venue for the decision procedure or transfer of such a claim, action or dispute is the Court of Aalborg, Denmark.
If you have any questions concerning this agreement, you can find the relevant email on the contact page.
Bynoi may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, and may do so via email, mobile text message, written or hard copy notice or any other contact information you have provided to us, or through conspicuous posting on our website, decided by Bynoi at its sole discretion. Bynoi reserves the right to determine the form and means of providing notifications to you.
12.7 Right to Injunction
You agree that any violation or breach by you of these terms may result in irreparable harm to us, that monetary damages will be an inadequate remedy, and you hereby agree that we shall be entitled to seek injunctive relief.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERCEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
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