BingeNow, LLC ("BingeNow") operates BingeNow.com (the "Site"), which is a multi-cultural urban video social networking website. The Site allows registered users ("Members") to easily upload and view videos, and to interact with other Members by posting comments on videos and emailing messages to them. Members can create profiles and search for other Members, videos and/or video channels. Members can also create video channels using any video in BingeNow's database as well as manage multiple video channels to build their own video network. The Site allows everyone to watch what they want, when they want, and interactively participate in the community. The multi-cultural urban video content includes: personal to full-length feature films, music videos to educational content, and special interest videos covering various topics that Members may find entertaining and interesting.
BingeNow may modify this Agreement from time to time and such modification shall be effective upon posting by BingeNow on the Site. Your continued use of the Site after BingeNow posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are aware of any changes or modifications.
BingeNow reserves the right, in its sole discretion, to reject or remove any video and posting (including comments and email) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability. BingeNow expressly reserves the right to remove your profile, videos and channels and/or deny, restrict, suspend, or terminate your access to all or any part of the Site if BingeNow determines, in its sole discretion, that you have violated this Agreement or pose a threat to BingeNow, the Site and/or its Users.
- Registration. Users are required to register (sign up) in order to use some Site features. If you register, you warrant that use of some Site features requires Users to register (Sign Up). By using the Site features, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you have only registered once (multiple registrations are not allowed); and (c) you will maintain the accuracy of your registration information.
- Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Site features, or are a Member and will even survive once your membership ends.
- Usernames and Passwords. When you sign up to become a Member, you will also be asked to choose a username and password. Each Member must maintain the confidentiality of his or her username and password. Members agree not to disclose his or her username or password to a third party or to use the username or password of another member. In the event a Member's account is breached or accessed by someone other than the member, the owner of the breached account agrees to contact BingeNow immediately via email.
- Member Generated Content. Each Member is responsible for the content that he or she posts or uploads to the Site. You represent and warrant that: (1) you own or have the right to grant license for the media uploaded or posted by you on Site; and (2) the uploading or posting of your media on the Site does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any media posted by you on the Site. BingeNow ASSUMES NO RESPONSIBILITY FOR MONITORING ILLEGAL OR INAPPROPRIATE CONTENT. BingeNow RESERVES THE RIGHT HOWEVER, TO REJECT, REFUSE OR DELETE ANY CONTENT THAT IN THE SOLE DISCRETION OF BingeNow, MAY BE ILLEGAL, OFFENSIVE OR VIOLATE THE RIGHTS OF ANY PERSON OR ENTITY (I.E. CONTENT INCLUDING, BUT NOT LIMITED TO: PATENTLY OFFENSIVE LANGUAGE, NUDITY, VIOLENCE, CRIMINAL CONDUCT, PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT AND/OR COPYRIGHT INFRINGEMENT.
- Use By Members. The Site features are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by BingeNow. BingeNow reserves the right to remove commercial content at its sole discretion.
- Ownership Rights. BingeNow does not claim any ownership rights in any Member's media, (i.e., text, images, photos, video, sounds, music or any other materials) that is uploaded or posted on the Site. After uploading or posting your media to the Site, you continue to retain any such rights that you may have in your media, subject to the limited license herein. By displaying or publishing ("uploading or posting") any media on the Site, you hereby grant to BingeNow a limited, non-exclusive, royalty-free license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such media solely on the Site. This limited license includes without limitation, distributing part or all of the content in any media format through any media channels (e.g. Mobile Devices).
- Fees. You acknowledge that use of the Site features are currently free except for creating sponsored channels but BingeNow reserves the right in the future to charge for any portion of the Site features and to change its fees from time to time at its sole discretion. If BingeNow terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of the fees.
- Intellectual Property. All software, features, navigation and trade dress developed for the Site including but not limited to, text, graphics, photographs, audio and video content, logos, icons, screens and configurations, is the property of BingeNow or its licensors and is protected by U.S. and international copyright and trademark laws, as a individual compilation or as collective work. You do not acquire any ownership rights by printing or downloading any information. All software is the property of BingeNow or its software developers or suppliers and is also protected by U.S. and international copyright laws. You may not copy, reproduce, transmit, distribute, modify, replicate, publish, enter into a database, perform, display, create derivative works, distribute over a network, sell or offer for sale or otherwise exploit the intellectual property of this Site. Any other use of the content of this Site is strictly prohibited.
- Third Party Sites. As a convenience, this Site may contain links to other Internet sites that are owned and operated by third parties. By offering you these links, BingeNow is not endorsing any of the other sites and BingeNow has no responsibility for the content of third party sites. You access any and all linked sites at your own risk.
- Member Disputes. BingeNow Members are responsible for resolving disputes with other Members. BingeNow has no obligation to review or determine the merit of any complaint. BingeNow reserves the right to review disputes and/or complaints at its sole discretion.
- Restrictions on Exports. United States export laws and regulations restrict the exportation and/or re-exportation, through downloading or otherwise, into any certain embargoed countries, according to the US Department of Commerce Regulation. You are representing that you are not located in any of the prohibited countries.
- Disclaimers. THIS SITE IS PROVIDED BY BingeNow ON AN "AS IS" BASIS AND THE USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. BingeNow MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, ADVERTISING, FEATURES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE STATUTORY WARRANTY AGAINST NON-INFRINGEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY BingeNow OR ITS EMPLOYEES OR REPRESENTATIVES, WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. NOTHING CONTAINED IN THIS SITE IS OFFERED OR INTENDED AS PROVIDING LEGAL, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. YOU SHOULD CONSULT A LEGAL, ACCOUNTING OR OTHER APPROPRIATE PROFESSIONAL FOR SUCH ADVICE.
- Limitation of Liability. YOU AGREE THAT BingeNow AND ITS RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS AND CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SITE FEATURES, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL BingeNow OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS AND CONTENT PROVIDERS ASSIGNS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF PERSONAL OR BUSINESS OPERATIONS), ARISING OUT OF OR IN ANY WAY RELATED TO THE USE, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER BingeNow OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ANY EVENT, THE TOTAL AMOUNT OF BingeNow'S LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED $100.00.
- Indemnity. You agree to indemnify BingeNow and its respective officers, directors, shareholders, members, employees, agents representatives, parents, subsidiaries, affiliates, licensors and content providers for and from any loss by reason of, in any way relating to, or arising out of: (a) your use of this Site and any violation of any law, rule or regulation arising out of such use; or (b) any violation of this Agreement.
- Jurisdiction and Law. This Agreement shall be construed and governed by the laws of the state of Michigan, United States of America and not by the application of choice of law principles or the laws of any other state or country. You agree that the federal and state courts sitting in the Commonwealth of Massachusetts shall have exclusive jurisdiction and venue over any action brought to enforce the rights and obligations in or arising from this Agreement and each of the parties irrevocably submits to the jurisdiction of such courts.
- Force Majeure. BingeNow will not be liable in any amount for failure to perform under this Agreement if such failure is caused by fire, flood, earthquakes, tornadoes, war, acts of God, terrorist acts or the occurrence of any other unforeseen contingency beyond the control of BingeNow.
- Entire Agreement; Non-Severability. This Agreement constitutes the entire agreement between you and BingeNow and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of this Agreement. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public policy, the remainder of this Agreement shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties.
Protection of Intellectual Property
Members agree not to upload, embed, post, email, or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any such material that is reported to or discovered by BingeNow and found to violate this will be removed from the site. BingeNow also reserves the right to remove the account of any actual or alleged infringing Member.
If you believe that any material on the Site infringes upon any copyright which you own or control, you may, as per provisions of the Digital Millennium Copyright Act, send a written notification that complies with the requirements of our Copyright Infringement Procedure (this form is available from the confirmation page when you flag content for an intellectual property violation). Such a claim may be disputed by sending a written notification that complies with the requirements of our DMCA Counter Notification Procedure.
Respect the Community
We do our best to keep BingeNow safe, but we cannot guarantee it. We need your help to accomplish this goal and ensure that the site is not abused. Every cool new feature on BingeNow involves a certain level of trust. We trust you to be responsible. Here's a common sense approach to avoid crossing the line:
"If you would not want TV networks, the evening news or 60 minutes to air your video or comments don't upload it." Please respect the rights and dignity of others.
BingeNow is not for pornographic, threatening, harassing, libelous, tortuous, or fraudulent content. Nor is it to be used for the invasion of another's privacy. If this describes your content, don't post it on BingeNow.
Please do not post videos that display:
- Pornography. Videos which depict a human engaged in actual sexual conduct including but not
- sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal.
- sadistic or masochistic abuse
- lascivious exhibition of genitals
- Sexual Nudity (nudity refers to the condition or fact of being unclothed in areas where underwear is generally used). Artistic, educational, and documentary nudity are allowed (but must be marked as "Adult Content"). Gratuitously graphic sexual nudity is not allowed. For example, a documentary on breast cancer would be appropriate, but posting clips out of context from the documentary might not be.
- Exploitation of Children or Other Minors. Please be extremely cautious when posting something involving a child. Videos involving children (anyone under the age of 18) are particularly sensitive. Videos containing children should never be sexually suggestive or violent. We intend to cooperate with all governmental agencies that seek those who produce child exploitation on this site.
- Criminal activity, drug abuse, under-age drinking and smoking, bomb making or animal abuse.
- Dead bodies, accidents or similar things intended to shock or disgust.
- Misleading titles, descriptions or video posters.
- Threats against other people.
- Hate speech (speech that is intended or designed to instigate violence based on race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity).
- Phishing. Attempts to fraudulently obtain sensitive data, such as credit card details and security passwords.
This list is not all inclusive, so use common sense when posting content.
Some material may not be appropriate for children. Videos containing profanity or nudity must be labeled as "Adult Content" when they are uploaded. Videos containing adult content may only be viewed by people who have affirmed that they are at least 18 years old.
Please take our Content Guidelines seriously and take them to heart. Don't try to look for loopholes or work-arounds-just understand them and try to respect the spirit in which they were created.
If you find any content that violates our Responsible Conduct provisions, click the "Flag" link next to the content in question to submit it for review by BingeNow staff. If the content does not violate our Responsible Conduct provisions it should not be flagged. Individuals who repeatedly flag material falling outside the provisions will be subjected to having their accounts suspended or deleted.