We (BN Applications, Inc.) are on a mission to make great products for you. We hope you enjoy them.
These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. If you don’t agree to these Terms, don’t use our services.
Terms of Service
These Terms govern your access to and use of the products and services we provide through or for BN Applications, Inc. (collectively, “Services”).
Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services as stated in the Terms, and the Agreement will apply to any changes.
1. Who’s Who
“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us (BN Applications, Inc.).
Please see below to determine which entity your Agreement is with, which depends on where you reside and which Services you use.
2. Your Account
We may limit your access to our Services until we’re able to verify your account information, like your email address.
When you create an account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). Don’t worry — if you aren’t interested, you can opt out of the marketing communications, whether it’s an email, phone call, or text message.
You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your account access and password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions.
Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.
3. Minimum Age Requirements
Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
4. Responsibility of Visitors and Users
We’re not responsible for any creation, use or effects of Content created on our Services. So, for example:
We don’t control third party content or Services.
A link to or from one of our Services does not represent or imply that we endorse any third-party service.
We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
You’re fully responsible for the Content seen, created, or available on your account, and any harm resulting from that Content. It’s your responsibility to ensure that your Content abides by applicable laws and by the Agreement.
We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites or services. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and others (including the provider of any Content).
We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.
7. General Representation and Warranty
Our mission is to make the web a better place, and our Services are designed to give you control and ownership over your expression. We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:
Will be in strict accordance with the Agreement;
Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
Will not infringe or misappropriate the intellectual property rights of BN Applications or any third party;
Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
Will not disclose the personal information of others;
Will not be used to send spam or bulk unsolicited messages;
Will not interfere with, disrupt, or attack any service or network;
Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.
8. Specific Service Terms
Our basic service is free. We don’t own your content, and you retain all ownership rights you have in the content you post. However, be responsible in what you publish. In particular, make sure that nothing prohibited (like spam, viruses, or serious threats of violence) appears on your account.
If you see a situation that you believe violates these Terms, please let us know.
Removing Content. If you delete Content, we’ll use reasonable efforts to remove most or all of it but you acknowledge that content may continue to exist.
Web Traffic. We may use a third-party service to measure audience and usage.
Advertisements. We may display advertisements to you.
Attribution. We may display attribution text, images, or links on content you share outside of our service.
Prohibited Uses. You may not use our Services for any unlawful purposes; in furtherance of illegal activities; or in a manner that is unfair, deceptive, exposes us or customers to unreasonable risks. Among other things, this means that:
We may terminate your access to our Services without notice to you if we determine (in our sole discretion) that your use violates the Agreement, or if a regulatory authority requires it.
9. Copyright Policy
We ask all to respect our intellectual property rights and the intellectual property rights of others.
10. Intellectual Property
The Agreement doesn’t transfer any BN Applications or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between BN Applications and you) solely with BN Applications. BN Applications and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are property or trademarks of BN Applications. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any BN Applications or third-party property or trademarks.
11. Third-Party Services
While using the Services, you may enable, use, or purchase services, products, software, embeds, or applications (like themes, extensions, plugins, widgets, stickers, animations, etc.) provided or manufactured by a third party or yourself (“Third-Party Services”).
If you use any Third-Party Services, you understand that:
Third-Party Services aren’t vetted, endorsed, or controlled by BN Applications.
Any use of a Third-Party Service is at your own risk, and we won’t be responsible or liable to anyone for Third-Party Services.
Your use is solely between you and the respective third party (“Third Party”) and is governed by the Third Party’s terms and policies.
If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly.
In rare cases we may at our discretion, suspend, disable, or remove Third-Party Services from your account or website.
We may modify the Terms from time to time, for example, to reflect changes to our Services (e.g., adding new features or benefits to our Services or retiring certain features of certain Services) or for legal, regulatory, or security reasons. If we do this, we’ll provide notice of the changes, such as by posting the amended Terms and updating the “Last Updated” date or, if the changes, in our sole discretion, are material, we may notify you through our Services or other communications. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended Terms will be effective immediately. By continuing to use our Services after we’ve notified you, you agree to be bound by the new Terms. You have the right to object to any changes at any time by ceasing your use of our Services and may cancel any subscription you have.
We may terminate your access to all or any part of our Services at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated this Agreement, any service guidelines, or other applicable terms. We have the right (though not the obligation) to (i) reclaim your username or account due to prolonged inactivity, (ii) actions that violate any part of this Agreement or any BN Applications policy, or is in any way harmful or objectionable, (iii) ask you to make adjustments, restrict the resources you use, or terminate your access to the Services, if we believe your storage or bandwidth usage burdens our systems or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide any form or compensation or refund.
You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time.
Our Services are provided “as is.” BN Applications and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither BN Applications, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re reading this. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
15. Jurisdiction and Applicable Law.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Delaware, U.S.A., excluding its conflict of law provisions and the application of the United Nations Convention of Contracts for the International Sale of Goods, and the proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Delaware, U.S.A. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence.
16. Limitation of Liability
In no event will BN Applications, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $0 or the fees paid by you to BN Applications under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. BN Applications shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
European Users: If we cause damage to you and you are a consumer in Europe, we limit our liability to the maximum amount permissible in your country of residence. Liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. BN Applications isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence, liability caused by our willful misconduct or gross negligence, or our responsibility for something we have specifically promised to you. You and we agree that we and our affiliates’ total liability is limited to the greater of $0 or the amount paid by you to use our Services during the 12 months preceding the claim; To the extent that our liability is limited or excluded, the limitations or exclusions will also apply to the personal liability of our employees, legal representatives, and vicarious agents.
You agree to indemnify and hold harmless BN Applications, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any activities conducted through or with our services.
18. US Economic Sanctions
You agree that our ability to provide our Services to you is subject to compliance with US sanctions that restrict or prohibit who or from where our Services can be accessed. By using the Services, you represent and warrant that you (i) are not located or residing in any country or territory subject to comprehensive US sanctions (currently Cuba, Crimea, Iran, North Korea, Donetsk People’s Republic, Luhansk People’s Republic, and Syria); (ii) are not listed on any United States list of prohibited or restricted parties, such as OFAC’s Specially Designated Nationals and Persons List, or otherwise subject to US sanctions that would prohibit your access to or use of our Services; and (iii) shall not use or allow access by any of your customers or potential customers (if applicable) to the Services in any manner that may cause BN Applications to violate US export controls and sanctions. We reserve the right to restrict or block your access, or access by any of your customers or potential customers (if applicable), to the Services and/or to terminate the Agreement at any time without notice if we determine, at our sole discretion, that such access may cause a violation or create unacceptable risk to us under export controls or sanctions.
These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between BN Applications and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
BN Applications may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.