Binding Strings

Terms of Service About Binding Strings is a pay-to-view social media website and application service that allows users to upload photos and videos to their profile, setting a monthly subscription price and therefore earning money from any tipping subscribers. We reserve the right to make changes to these Terms at any time. If we make material changes, we will endeavor to notify you of the changes, such as by posting a notice directly within the www.BindingStrings.com website.  By continuing to use Binding Strings after such notice, you agree to be bound by these Terms as modified. When using Binding Strings, you are communicating with us electronically, and you consent to receiving communications from us electronically, including emails and messages posted to your account. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We reserve the right at any time and for any reason, with or without notice, and without liability to you, to: (i) modify, suspend or terminate Binding Strings or any portion thereof; (ii) restrict, limit, suspend or terminate your access to Binding Strings or any portion thereof; (iii) remove, block or disable any content you post on Binding Strings; (iv) monitor your use of Binding Strings (including any content or message you post or transmit onBinding Strings) to verify compliance with these Terms and/or any applicable law; (v) investigate any suspected or alleged misuse or unlawful use of Binding Strings and cooperate with law enforcement in such investigation; and (vi) disclose information about your use of Binding Strings in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order or subpoena. How It Works Binding Strings lets you create a user profile, which in turn allows you to (i) upload and post photos and videos (subject to compliance with these Terms) for access by your paying subscribers (fans) and/or (ii) subscribe to another user’s profile to view their otherwise restricted photos and videos. You can also stream live video webcam and send private messages to any other user who is subscribed to you. As used hereinafter, the term “Users” refers to all users, whether using the site to earn money or to subscribe to others. As used hereinafter, the term “User Content” means any and all user-generated photos, videos, and messages. We do not own or control User Content on Binding Strings. All User Content transactions and interactions on Binding Strings are between Users and at no point does Binding Strings become a party to any transaction or interaction between a User and another User. Acceptable Use Binding Strings is a social media platform for adults. Any content posted that is deemed unacceptable (either by Binding Strings or as reported by another User) may be deleted and the user notified via email. Users who repeatedly violate our acceptable use policy may be deactivated. For more information on acceptable use and prohibited content, please see the Acceptable Use section below. Binding Strings is not intended for use by minors. No one under the age of 18 is permitted to register or own a Binding Strings account, or to create, publish, or view User Content on Binding Strings, or to otherwise access or use Binding Strings. If we become aware that a Binding Strings user is underage, we will promptly deactivate that user’s account and delete all information and content of that user from Binding Strings. If you are a parent or legal guardian and become aware that your minor-child has installed and registered on Binding Strings, please contact us immediately. By using Binding Strings, you represent and warrant that: (i) you are at least 18 years of age; (ii) you will fully comply with these Terms; (iii) you accept full responsibility for the use of Binding Strings on any device, whether or not it is owned by you; (iv) you accept full responsibility for any User Content created or provided by you; and (v) your use of Binding Strings will not violate these Terms or any applicable law. If you are using Binding Strings on behalf of a business or other entity, you warrant that you are authorized to grant all the licences stipulated in these Terms and that you are authorized to bind the business or other entity to these Terms. Account Registration Account registration is required to access and use Binding Strings. To register on Binding Strings, you must provide a valid email address, a username, and a password. If you are looking to subscribe to other profiles or looking to earn money from people subscribing to your profile, you will need to either add a payment card or add a bank account, respectively. Adding a bank account will require additional legal information (the exact information required will depend on your country) and you will need to upload a valid form of ID.  Binding Strings does not store any debit/credit card information or bank account information. This information is stored by our third party payment processor, who are fully PCI compliant. By registering on Binding Strings, you represent and warrant that: (i) all account registration and profile information and content you provide to us (or in the case of financial information, to our payment processor) is your own information and content and is truthful and accurate; (ii) if you previously had an account with Binding Strings, your old account was not terminated or suspended by Binding Strings for violation of these Terms; (iii) you register on Binding Strings for your own personal and lawful, and you will not sell, rent, lease, loan or transfer your account to a third party without our written permission; and (iv) you will not log in or attempt to log in on Binding Strings through unauthorised third party applications (however, you may login via the Twitter application). You are fully responsible for any and all activities that occur on your account. You are responsible for maintaining the security and confidentiality of your login details and agree to immediately notify us if you believe someone has used or is using your account without your permission or any other breach of security is brought to your attention. Subscriptions To access another user’s content on Binding Strings, you must first add a payment card to your account and then click the ‘Subscribe’ button on that user’s profile. See the ‘How it Works’ page for further details. All subscriptions are final and non-refundable. You may cancel your subscription at any time, which will allow you to access the user’s profile until the end of the existing billing period, where you will lose access to the content and not be re-billed. Your payment data is stored with our third party payment processor, who is fully PCI compliant.  Binding Strings does not store any payment data. Tips To tip another Binding Strings user, you must first add a payment card to your account and then click the ‘Tip’ icon below a User’s post and enter the amount that you wish to send. Tips are a gift and not in exchange for any content or service. All tips are final and non-refundable. Account Deactivation Should you wish to deactivate your Binding Strings account, please contact Binding Strings customer support to submit your deactivation request. We will deactivate your account within 30 working days after receiving your request. By using Binding Strings, you acknowledge and agree that we reserve the right to deactivate your account (with or without warning) if your use of Binding Strings violates these Terms or any applicable law. License Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive licence to user our website and/or to download and install a single copy of the Binding Strings app on your mobile device for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of Binding Strings other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by us. We do not warrant that Binding Strings is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not Binding Strings is compatible with your device. From time to time we may make updates to Binding Strings and will make such updates available through the website and/or applicable app store (Apple iTunes for iOS devices, or Google Play for Android devices). Depending on the update, you may not be able to use Binding Strings until you have downloaded the latest version of Binding Strings and accepted any new terms. Acceptable Use We require that all Users respect and comply with these Terms, at all times, when using Binding Strings. You may not: use Binding Strings other than for your own lawful and personal use in accordance with these Terms; impersonate another, or falsely state, suggest or otherwise misrepresent affiliation, endorsement, sponsorship between you and any other person or entity; falsify account registration information, or make unauthorized use of another’s information or content; use Binding Strings in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity; copy, reproduce, distribute, modify, or create derivative works from, any portion of Binding Strings without our express written permission; create, upload, post, display, publish or distribute any User Content that (i) is sexually explicit (i.e. sexual acts including penetration/intercourse and/or oral sex, sexual acts to or with minors, bestiality or sexual behavior that has a violent context, i.e. flagellation or torture), obscene, fraudulent, defamatory, libelous, hateful, discriminatory, threatening or harassing, or (ii) violates another’s copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, using the name, likeness, image or other identity of another without proper consent); upload and display User Content to your profile that contains nudity or is sexually explict if your profile is not protected by a monthly subscription price or to any area of your profile which is potentially viewable to minors (i.e. your profile thumbnail or profile background image); copy, reproduce, distribute, modify, or create derivative works from, any content that you do not own and do not have express written permission to do so from the applicable content owner (this includes taking a picture or screenshot or otherwise making a copy of another’s User Content); remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is contained or embedded in Binding Strings or in any User Content that you do not own; decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of Binding Strings or any portion thereof; bypass, circumvent, disable, deactivate or render ineffective any content protection, rights management, or security features or mechanisms (such as firewalls, filters, etc.) associated with Binding Strings or any portion thereof; interfere in any way with the operation of Binding Strings or any server, network or system associated with Binding Strings, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the app or any server, network or system associated with the app; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for you, or accessing another’s account that you are not expressly authorized to access; use Binding Strings for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, monitoring the app’s availability, performance or functionality, or for any other benchmarking or competitive purposes; use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access Binding Strings or any server, network or system associated with Binding Strings, or to extract, collect, harvest or gather content or information from Binding Strings; frame or otherwise create a browser or border environment around any page or content of Binding Strings, or deep-link to any internal page or area of Binding Strings; or make any other use of Binding Strings that violates these Terms or any applicable law. To report abuse or misuse of Binding Strings, please contact Binding Strings customer support. User Content We assume no responsibility or obligation to screen User Content or to monitor Binding Strings for inappropriate User Content. Views expressed by users on Binding Strings do not represent our views or values. If you are offended by another’s User Content on Binding Strings, you have the choice to not subscribe (or to unsubscribe from) to that user. If you believe another’s User Content on Binding Strings violates these Terms, you can report that any post made by a user, by clicking the ‘Report post’ link underneath the post. Alternatively, you can report a user to Binding Strings customer support. By using Binding Strings, you acknowledge and agree that we reserve the right at any time to remove, block or disable any User Content that, in our sole judgment, violates these Terms or any applicable law, or may expose or subject us to liability of any kind, or may adversely affect the reputation or goodwill of Binding Strings. User Content belongs to Users, and we do not claim ownership of any User Content. However, by creating and publishing and/or otherwise providing User Content on Binding Strings, you expressly and irrevocably grant to us a non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to host, store, cache, index, use, copy, reproduce, display, perform, publish and distribute your User Content on Binding Strings for the purposes of providing, operating, managing, maintaining and improving Binding Strings and its services and features. You acknowledge and agree that the foregoing license will remain and continue in effect for as long as you maintain an account on Binding Strings. By creating and publishing User Content on Binding Strings, you also expressly and irrevocably authorize your Fans (paying subscribers) on Binding Strings to access and view (without downloading or copying) your User Content for their own lawful and personal use. By creating and publishing and/or otherwise providing User Content on Binding Strings, you represent and warrant that: (i) you own or control all rights in and to your User Content; (ii) to the extent your User Content includes or utilizes any third-party property (such as material created by another person, or another person’s name, voice, signature, photograph or likeness), you have secured all rights, licenses, consents and releases that are necessary for the inclusion/use of such third-party property in your User Content and for our exercise of the rights granted herein by you with respect to your User Content; and (iii) your User Content is non-confidential and will be made available to your customers DMCA To comply with the U.S. Digital Millennium Copyright Act (Title 17, United States Code) (“DMCA”), we will respond to proper notifications of claimed copyright infringement and will take appropriate action including expediently removing or disabling access to the allegedly infringing User Content. We also have a policy of terminating, in appropriate circumstances, the account of anyone that is determined by us to be a repeat infringer. To notify us of claimed copyright infringement, please contact us. Under the DMCA, a notification of claimed copyright infringement must include all of the following: a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If we remove or disable access to your Content in response to a DMCA notification of claimed copyright infringement, we will make reasonable efforts to notify you, and you may make a counter-notification in writing with our Designated Agent listed above. A DMCA counter-notification must include all of the following: your physical or electronic signature; identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person. If we receive a proper counter-notification from you, we will notify the party alleging copyright infringement and will reinstate your User Content that was removed or disabled in not less than 10 business days and not more than 14 business days following our receipt of your counter-notification, unless the party alleging copyright infringement notifies us first that it/he/she has filed a court action against you. Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages. Disclaimer of Warrenties; Limitations of Liability By using Binding Strings, you acknowledge and agree as follows: Binding Strings and all of its services and features are provided “as is”, “as available” and with all faults, without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim any and all warranties, express or implied, with respect to Binding Strings and all of its services and features, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. We do not warrant or guarantee the accuracy, usefulness or reliability of Binding Strings, or the results of your use of Binding Strings. We also do not warrant or guarantee that Binding Strings and all of its services and features will be available at any particular time or location; that Binding Strings and all of its services and features will be secure, uninterrupted, and error-free; that any defect or error will be corrected; or that Binding Strings and all of its services and features will be free of viruses and other harmful components. Your use of Binding Strings and its services and features will be solely and entirely at your own risk. In no event shall we or any of our successors or assigns be liable under contract, tort, negligence, strict liability or any other legal or equitable theory, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, without limitation, loss of use, lost profits, loss of data or information of any kind, or loss of business goodwill or opportunity) arising out of or related to your use of (or your inability to use) Binding Strings or any of its services or features, regardless of whether or not we or any of our successors or assigns have been advised of the possibility of such loss or damages. In no event shall our total and aggregate liability to you and/or others for any and all claims arising out of or related to your use of (or your inability to use) Binding Strings or any of its services or features, exceed one hundred u.s. dollars ($100.00). Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages or total liability, the above limitation may not apply to you. In such case, our total and aggregate liability to you arising out of or related to your use of (or your inability to use) Binding Strings or any of its services or features shall be limited to the maximum extent permitted by law. User indemnification By using Binding Strings, you agree to indemnify and hold harmless us and our employees, agents, representatives, successors and assigns from and against any and all claims, demands, causes of action, actions, suits, proceedings, judgments, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) arising out of or related to any of the following: (i) your use of Binding Strings or any of its services or features; (ii) any user content created, published, or otherwise made available on Binding Strings by you; (iii) any transaction or interaction between you and any other user of Binding Strings and/or (iv) your violation of these terms or any applicable law. Governing Law; Dispute Resolution You and we agree that these Terms shall be governed by and construed in accordance with the laws of England and Wales (without regard to the conflict of laws provisions thereof) and that any dispute between you and us concerningBinding Strings or arising out of or related to these Terms shall be resolved in the courts of England and Wales. Except where prohibited by applicable law, any claim or cause of action by you concerning Binding Strings or arising out of or related to these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred. Miscellaneous These Terms do not create or intend to create an agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Binding Strings. We may, at any time and with or without notice to you and other Binding Strings users, assign these Terms together with all of our rights hereunder, to an affiliate or to an entity that acquires all or substantially all of the assets associated with Binding Strings. If any portion of these Terms is deemed unlawful, void, voidable or unenforceable, such portion shall be deemed severed from these Terms, and all remaining portions of these Terms shall not be affected and shall remain in full force and effect. These Terms do not create or confer any third-party beneficiary rights. A failure or delay on our part to enforce a right or provision under these Terms does not constitute a waiver of such right or provision. A waiver of any right or provision under these Terms shall only be effective if it is in writing and signed by us. If you have any questions, comments, or concerns about Binding Strings, please contact us. Privacy Policy This Privacy Policy explains how information about you is collected, used and disclosed by BindingStrings.com. When you use our websites and mobile applications, or when you otherwise interact with us. We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our websites’ homepages or sending you a notification). We encourage you to review the Privacy Policy whenever you access the Services to stay informed about our information practices and the ways you can help protect your privacy. Information We collect information you provide directly to us. For example, we collect information when you create an account, use the Services to send or receive messages, including photos or videos taken via our Services (“Binding Strings”), request customer support or otherwise communicate with us. The types of information we may collect include your username, password, email address, phone number and any other information you choose to provide. When you upload content or send or receive messages, we also collect, process and store the contents of those messages (such as photos, videos, captions) on our servers. We cannot prevent your paying subscribers (“Binding Strings”) from making copies of your posts or messages (e.g., by taking a screenshot) but we will have a disclaimer on your page stating suit if customer misuses material. When you access or use our Services, we automatically collect information about you, including: • Usage Information: When you send or receive messages via our Services, we collect information about these messages, including the time, date, sender and recipient of the post. We also collect information about the number of messages sent and received between you and your Fans and which Fans you exchange messages with most frequently. • Log Information: We log information about your use of our websites, including your browser type and language, access times, pages viewed and your IP address. • Device Information: We may collect information about the computer or device you use to access our Services, including the hardware model, operating system and version, MAC address, unique device identifier, phone number, International Mobile Equipment Identity (“IMEI”) and mobile network information. In addition, the Services may access your device’s native phonebook and image storage applications, with your consent, to facilitate your use of certain features of the Services. For more information about how you can control our access to these applications, please see below. • Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include sending cookies to you. Cookies are small data files stored on your hard drive or in device memory that help us to improve our Services and your experience, see which areas and features of our Services are popular and count visits. We may also collect information using web beacons (also known as “tracking pixels”). For more information about cookies, and how to disable them, please see below. We may use information about you for various purposes, including to: • Provide, maintain and improve our Services, including to provide additional features and content for your messages; • Provide and deliver the products and services you request, process transactions and send you related information; • Respond to your comments, questions and requests and provide customer service; • Send you technical notices, updates, security alerts and support and administrative messages; • Communicate with you about products, services, offers, promotions, rewards, and events offered by Binding Strings and others, and provide news and information we think will be of interest to you; • Monitor and analyze trends, usage and activities in connection with our Services; • Personalize and improve the Services and provide advertisements, content or features that match user profiles or interests; • Link or combine with information we get from others to help understand your needs and provide you with better service; • Detect, investigate and/or prevent fraudulent, unauthorized or illegal activity; and • Carry out any other purpose for which the information was collected. We may allow others to provide analytics services on our behalf. These entities may use cookies, web beacons and other technologies to collect information about your use of the Services and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand your online activity. Security We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Account Information You may update or correct information about yourself by editing your account settings within our website or apps. If you wish to delete your account, please email us. Cookies Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our website.