These Terms and Conditions (the “Terms”) constitute an agreement between Bindu Media, Inc., a Delaware corporation (“Bindu Media”), and you. By clicking the “I Accept” button or by accessing and/or using all or a portion of the Services (defined below), you acknowledge and agree that you have read and understand the Terms, that the provisions, disclosures and disclaimers set forth in the Terms are fair and reasonable and that your agreement to follow and be bound by these terms and conditions is voluntary and not the result of fraud, duress or undue influence exercised upon you by any person or entity.If the Terms are considered an offer by you, Bindu Media’s acceptance is expressly limited to these terms. Written approval is not a prerequisite to the validity or enforceability of the Terms.
For purpose of the Terms:
- “Services” means the services arising from and the content made available through access to and use of the one or more of Bindu media’s web sites, including but not limited to bindumedia.com (collectively, the “Site”).
- “Software” means (i) the server, platform and application software hosted by or on behalf of Bindu Media, including but not limited to all object code underlying the Services, (ii) all server, platform and application software of third parties used to host, support or connect the Services, and (iii) all underlying algorithms, user interfaces and network and database designs and schemas, architecture, class libraries and objects, the unique expressions of the selection, organization and presentation of user visible functions, all templates and the methods of presenting information, all updates, upgrades, patches, maintenance releases and bug fixes and all documentation relating to any of the foregoing, whether in read only memory, on any other media or in any other form.
You may use the Services for personal, non-commercial purposes only. You may not use any part of the Services for commercial purposes, including, without limitation, to advertise, promote, review, or link to any business in which you have a financial interest (whether as an owner, manager, shareholder, officer, director, employee, affiliate, or contractor, or a family member of any of the foregoing) or to provide Content (defined below) for which you were compensated for writing, directly or indirectly, by the covered business, its affiliates or agents. Bindu Media reserves the right to remove commercial content from the Services in its sole discretion.
If your use of the Services includes the registration by you of individuals in addition to yourself (“Other Registrants”) you hereby represent and warrant that you have the authority to bind such Other Registrants to the Terms. By registering, you further represent and warrant to Bindu Media that all registration information you submit is truthful and accurate, and that you will update such information as and when necessary to keep it accurate and up to date. In addition, you agree that each use of the term “you” in the Terms will include you and each of such Other Registrants and that you shall be responsible for ensuring that each such Other Registrant complies with the Terms.
The Terms contain warranty disclaimers and other provisions that limit Bindu Media’s liability to you. Please read the Terms carefully and in their entirety. If you do not agree to be bound to each and every term and condition set forth herein, please do not use or access the Services.
By accessing or using the Services, you hereby grant Bindu Media permission to send you messages regarding the Services, its features, service alerts, and network activity.
Bindu Media reserves the right to modify the Terms from time to time with or without notice, and Bindu Media will post the modified Terms atwww.bindumedia.com. You acknowledge and agree that it is your responsibility to review the Terms periodically to familiarize yourself with any modifications. With respect to such modified Terms, Bindu Media may, at its sole discretion, require you to execute a “click accept” agreement incorporated into or as a condition of accessing Services after initial delivery. Even without such “click accept” agreement, your continued use of the Services after such modifications will constitute your acknowledgement and agreement of the modified Terms.
If you do not agree to any changes in the Terms as they may occur your continued right to access and use such Services, shall immediately terminate and you agree that you shall discontinue your use of the Services. You agree that Bindu Media is not liable to you or to any third party for any modification of the Terms or termination of your access to the Services.
The Services are intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) and older the thirteen (13) should not access or use the Services unless registered by their parent or guardian, who, for all purposes under the Terms shall be “you” hereunder. Persons under the age of thirteen (13) should not use the Services. By using the Services, you represent and warrant to us that you are thirteen (13) years of age or older and that your use of the Services does not violate any applicable law.
The Terms shall be effective as of the date you accept them or first access or use the Services (the “Effective Date”) and shall remain in effect until the Services are terminated in accordance with these Terms. Bindu Media shall have the right to terminate the Terms at any time with or without cause. Upon termination of the Terms, you shall no longer be permitted to use or access the Services. The terms herein that contemplate obligations after termination, including but not limited to Indemnification, Disclaimer, Limitation of Liability, Controlling Law and Severability, and Confidentiality, shall survive termination.
During the term of the Terms and subject to the Terms, Bindu Media hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable right for you to access and use the Services in conjunction with your personal, non-commercial purposes only. You may not copy, rent, lease, lend, sell, redistribute, sublicense or assign the Services; provided that if you have registered Other Registrants as permitted herein, the foregoing access rights include the right for you to grant the right to access and use the Services to such Other Registrants for their personal, non-commercial purposes only; and further provided that you may copy and download a pdf of your travel itineraries, and brief text descriptions of locations or featured items with proper attribution within such itineraries (no more than ___ words) and share them in a non-commercial manner for your personal use, not in violation of the Terms.
You agree that the license you have been granted prohibits you from using the Services for any illegal or unauthorized purpose. You represent and warrant that you will not breach the security of the Software or Services or attempt to gain unauthorized access to or interfere with operation of the Software or Services or with any other person’s use of the Services. You agree not use the Services in excess of or beyond the maximum number of registered users for which you have been registered.
You will be responsible for complying with any separate terms provided by Bindu Media or third parties during your downloading or access of the Services that govern your use of such separately licensed third party technology.
Guidelines for Uploaded Content and Use; Content Retention
By uploading, transmitting, submitting or otherwise making available any data, information, screen name, graphics, photos, profiles, audio and video clips, links and other content or materials to Bindu Media in the form of an electronic message transmitted, at least partially, through an e-mail, a third party resource or otherwise (collectively, the “Content”), you grant Bindu Media a nonexclusive, worldwide, royalty-free, fully-paid, perpetual, assignable license to use, create derivative works of, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content on, through or in connection with the Services, including, without limitation, distributing part or all of the Services and any Content included therein, in and/or through any and all media, platforms, and distribution channels now or hereafter known or developed. Without limiting that license grant, you acknowledge and agree that Bindu Media may sublicense Content, in whole or in part, to third parties to permit such third parties to display content from the Services. Bindu Media shall not be responsible for maintaining backups of Content or any itineraries created by you on its systems.
All Content will be processed and stored within the geographic limits of the United States of America. Upon or promptly after the termination of your Bindu Media account, the Content and any itineraries created by you will no longer be stored on Bindu Media’s systems; provided, however, that Bindu Media will have the right to retain possession of the Content after the termination of the Services only to the extent permitted by applicable law.
You are responsible for all Content. You represent that you have already paid, and you will be solely responsible for paying (to the extent any later become due) all royalties, fees, and any other monies owing to any person by reason of any Content. You agree that you may not impersonate any other person through the use of the Services. You further agree that you may not upload, transmit, submit or otherwise use the Services to disseminate:
- Content that is obscene, defamatory, threatening, fraudulent, invasive of Bindu Media’s or another person’s or entity’s rights, including but not limited to privacy rights, or that is otherwise unlawful;
- Content that infringes the intellectual property rights of Bindu Media or any other person or entity;
- Content that contains any computer viruses or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware;
- Or create unwanted email, junk email, bulk email, promotions, spam or content that includes any advertising.
By using the Services, you grant Bindu Media the right to remove any Content that in Bindu Media’s sole judgment does not comply with the Terms or is otherwise objectionable. You also grant Bindu Media the perpetual right to: (a) modify, adapt, edit, store, use, copy, duplicate, reproduce, sort, manipulate, reformat, display, transmit, extract from, scrub, filter, modify, augment, analyze, interpret and otherwise process the Content; and (b) use the Content to improve service quality, to perform internal audits, and to develop, validate, evaluate and improve test protocols, performance benchmarks, algorithms, metrics, scoring systems, predictive models and decision support tools.
Bindu Media shall have the right to publish testimonials based on feedback or statements provided by you. Bindu Media shall have the right to include your name in such testimonials, and Bindu Media may publish and permit the publication of such testimonials on websites and in marketing materials.
You agree not to use any automated means to access the Services or collect any information from the Services (including, without limitation, robots, spiders, or scripts); or frame the Services, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect its display. This means, among other activities, that you must not engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information.
Third Party Social Networking Accounts
Privacy and Security
Bindu Media will comply with data breach laws and industry standards in the United States of America. Bindu Media and any subcontractors to whom Content is provided shall maintain a data security program conforming to the applicable industry standard, which shall include reasonable and appropriate technical, organizational and security measures against the destruction, loss, unauthorized access or alteration of Content in the possession of Bindu Media or its subcontractors, and which shall be (i) no less rigorous than those maintained by Bindu Media for its own information of a similar nature, and (ii) no less rigorous than the security standards conforming to the applicable industry standard.
Third Party Links, Communication/Consultation With Authors and Advertisements Disclaimer
The inclusion of third party advertisements does not constitute an endorsement, guarantee, warranty, or recommendation of, and neither Bindu Media nor any other Content provider makes any representation and/or warranty about, any product or service contained therein.
In the future, Bindu Media may receive financial payment from third party sponsors, from companies that advertise with banner ads and other forms of advertisements through the Services.
Disclaimer of Representations and Warranties; Limitation of Liabilities
THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS-AVAILABLE” BASIS.
BINDU MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES. BINDU MEDIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN PROVIDING THE SERVICES OR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE SERVICES. BINDU MEDIA IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT YOU UPLOAD, TRANSMIT OR DISSEMINATE THROUGH THE USE OF THE SERVICES.
THE INFORMATION THROUGH THE SERVICES IS GENERAL AND MAY NOT BE SUITABLE FOR YOUR PARTICULAR NEEDS. YOU SHOULD VERIFY CRITICAL INFORMATION (LIKE ADVICE ABOUT VISAS AND HEALTH AND SAFETY) INDEPENDENTLY BEFORE YOU TRAVEL.
BINDU MEDIA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AUTHENTICITY, TITLE AND NON-INFRINGEMENT, THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING, THAT ANY UPDATE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. BINDU MEDIA DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, BINDU MEDIA DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, CELLULAR SERVICE PROVIDERS, CELLULAR NETWORK OPERATORS, TO THE SATURATION OF THE INTERNET NETWORK AND FOR ANY OTHER REASON.
YOU ACKNOWLEDGE THAT THE SERVICES RELY UPON DATA COMMUNICATION MEDIUMS WHICH ARE NOT CONTROLLED BY BINDU MEDIA AND WHICH MAY BE VULNERABLE TO DATA OR SECURITY BREACHES, INCLUDING, WITHOUT LIMITATION, NETWORKS USED BY YOUR CARRIERS AND THE DATABASES AND SERVERS CONTROLLED BY YOUR INTERNET PROVIDERS. BINDU MEDIA SHALL NOT BE LIABLE FOR ANY SUCH BREACHES.
YOU ACKNOWLEDGE THAT THE SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAY OF, OR ERRORS OR INACCURACIES IN, THE CONTENT OR INFORMATION PROVIDED BY THE SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, FINANCIAL OR ENVIRONMENTAL DAMAGE. USING THE SERVICES FOR TRADING SECURITIES IS NOT PERMITED AND BINDU MEDIA DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS CONTRIBUTING CONTENT TO THE SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHER USERS; THEREFORE, BINDU MEDIA DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR CONTENT BY OTHERS.
UNDER NO CIRCUMSTANCES, AS A RESULT OF YOUR CONTRIBUTIONS TO OR USE OF THE SERVICES, WILL BINDU MEDIA OR ANY OTHER CONTRIBUTOR BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. BINDU MEDIA AND ITS AFFILATES’ AND CONTRIBUTORS AND THEIR RESPECTIVE OFFICERS’, DIRECTORS’, SHAREHOLDERS’, EMPLOYEES’, AND AGENTS’ TOTAL LIABILITY (IN THE AGGREGATE) TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE SERVICES AND THE TERMS, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED ONE HUNDRED DOLLARS (US$100). EACH PROVISION OF THE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THE TERMS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BINDU MEDIA, AN AUTHOR OR AN APPROVED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, IF APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
THE FOLLOWING APPLIES TO END USERS WHO LIVE WITHIN AUSTRALIA, THE UK AND THE EU:
BINDU MEDIA USES REASONABLE CARE AND SKILL TO ENSURE THE ACCURACY OF THE INFORMATION PROVIDED THROUGH THE SERVICES. INFORMATION CONTAINED ON THE SITE MAY NOT BE FULLY ACCURATE AND IS PROVIDED “AS IS”.
In the event that you have a dispute with an author or one or more other users of the Services, you release Bindu Media (and its officers, directors, employees and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Intellectual Property Rights; Creative Commons License
The Software and Services are protected by United States copyright and other intellectual property laws. Bindu Media hereby reserves any and all intellectual property rights in the Software and Services and the content provided by Bindu Media and its authors and Content providers (collectively, the “Information”) subject to the rights of individual contributors to their Content and in some cases to a license that allows re-distribution and re-use of a licensed work on the condition that the creator is appropriately credited including the Creative Commons Attribution-ShareAlike 4.0 Unported License (such license is referred to herein as, the “Creative Commons License”). A summary of the terms of the Creative Commons License is available at http://creativecommons.org/licenses/by-sa/4.0/ and a full text of the Creative Commons License is available at http://creativecommons.org/licenses/by-sa/4.0/legalcode. Please familiarize yourself with its terms and conditions from time to time as it may be revised.
You agree that you will not: (a) alter, modify, adapt, reverse engineer, decompile, disassemble or hack the Software, Services, or create derivative works from the Software or Services or Information (excluding the Information subject to the Creative Commons License, which shall be subject to the terms and conditions of such License); (b) merge the Software or Services with other software; (c) resell, sell, provide for service bureau use, or otherwise transfer the Software or Services or Information (excluding the Information subject to the Creative Commons License, which shall be subject to the terms and conditions of such License) to any third party; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software or Services; (e) remove or alter any copyright notices or other notices included in the Software or Services or Information or violate the provisions of the Creative Commons License; (f) access or use the Services to build or support, or assist a third party in building or supporting, products or services competitive with Bindu Media; (g) perform or disclose any benchmark or performance tests of the Services without Bindu Media’s prior written consent; or (h) perform or disclose any of the following security test activities related to the Services or associated infrastructure without Bindu Media’s prior written consent: network discovery, port and service identification, vulnerability scanning, password cracking, remote access testing or penetration testing.
You agree that all of your suggestions and feedback regarding the Services will be included in the definition of Services, and you hereby assign all of the rights, title and interest in such suggestions and feedback to Bindu Media. The “BINDU MEDIA” mark and other Bindu Media graphics, logos, designs, page headers, button icons, scripts and service names are trademarks in the United States and other countries. Bindu Media’s trademarks and trade dress, as well as third party trademarks, logos and service marks used in conjunction with the Software or Services, may not be used in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Bindu Media.
You agree to indemnify and hold Bindu Media and its officers, directors, employees and agents harmless from any charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees and expert fees) due to, arising out of or relating in any way to (1) any Content uploaded, transmitted, disseminated or otherwise made available by you through the Services, (2) any violation by you of the Terms or any applicable rule, regulation or law, and (3) your access or use of the Services and/or the Information contained therein.
Your access to and use of the Services shall comply with all applicable export laws of the United States, including, without limitation, the U.S. Export Administration Regulations and the prohibitions and restrictions mandated by agencies of the United States government. Without limiting the foregoing, the Services or their underlying technology or code may not be exported or re-exported into (or to a resident or national of): (a) any country sanctioned by the United States government identified on the list published by the U.S. Bureau of Industry and Security, including Cuba, Iran, North Korea, Sudan and Syria, as such list may be updated from time to time; (b) any country, entity or person identified on any of the sanction lists, specifically designated nationals lists, denied party lists or entity lists published by the Office of Foreign Assets Control (OFAC) of the U.S. Department of Treasury, as such lists may be updated from time to time; (c) any other country subject to United States embargo or UN Sanctions; or (d) or any other prohibited country, person, end-user or entity specified by the United States government. You will not use any data, information, software programs or materials resulting from the Services (or direct product thereof) for any purpose prohibited by these laws including, without limitation, nuclear, chemical or biological weapons proliferation, or the development of missile technology.
Bindu Media will not be responsible for a breach of the Terms caused by any failure or delay of performance if caused by: an act of war, hostility, or sabotage; an act of God; a pandemic; an electrical, internet, cellular network or telecommunication outage that is not caused by Bindu Media; government restrictions (including the denial or cancelation of any export, import or other license); or another event outside the reasonable control of Bindu Media.
If any provision of the Terms is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.
Governing Law, Consent to Jurisdiction and Limitation on Claims
The Terms and your use of the Software and Services, along with the Information contained therein, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to conflict of laws principles or other provisions which might result in the application of laws other than the internal laws of the Commonwealth of Massachusetts. The Uniform Computer Information Transactions Act will not apply to the Terms.
You further agree that any claims or causes of action arising out of or related to the Terms or the Services, along with the Information contained therein, shall be submitted to arbitration as provided below within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.
The courts of the Commonwealth of Massachusetts (state and federal) will have sole and exclusive jurisdiction over any disputes or actions arising out of or relating to this Agreement. The parties hereby waive all claims of immunity from such jurisdiction. Venue for any action brought arising out of or relating to this Agreement will be in the State Court in Suffolk County, Massachusetts or in the United States District Court for the District of the Commonwealth ofMassachusetts.
For the purposes of the Terms: (a) the term “Dispute” will mean any dispute, controversy, or claim arising out of or relating to: (i) the Terms, its interpretation, or the breach, termination, applicability or validity of the Terms; or (ii) any other dispute arising out of or relating to the relationship between Bindu Media and you; (b) the term “Company Group” will mean Bindu Media, its parents, subsidiaries, affiliates, stockholders, directors, officers, employees, agents, beneficiaries, assignees, successors in interest, and any third party which provides products or services purchased from or distributed by Bindu Media; and (c) the term “User Group” will mean you and those in privity with you, such as your affiliates, employees, partners, contractors, agents, family members and beneficiaries.
No member of Company Group or User Group will submit any Dispute (defined below) to any court of law. Company Group and User Group hereby forfeit their right to file and litigate a lawsuit in a court of law relating to any Dispute. User Group understands that, in the absence of this paragraph, User Group would have had a right to litigate disputes through a court, including the right, if any and subject to the rules of User Group’s jurisdiction, to litigate claims on a class-wide or class-action basis, and that User Group has expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the Terms. This arbitration provision will be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq.
Company Group and User Group may each provide the other party with written notice of its intention to initiate arbitration with respect to any Dispute. If Company Group and User Group do not amicably resolve or settle the Dispute in writing within thirty (30) days after such notice, the notifying party will have the right to submit such Dispute to the American Arbitration Association (“AAA”) for binding resolution. Any such Dispute will be resolved exclusively and finally by the AAA. The AAA’s Commercial Rules will govern the arbitration proceeding. Company Group and User Group will agree upon another arbitration forum if AAA ceases all of its operations. The arbitration will be conducted before a single arbitrator and will be limited solely to the Dispute between Company Group and User Group. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis.
Company Group and User Group will confer after service of written notice of arbitration to select a single agreed-upon arbitrator to adjudicate the Dispute. If Company Group and User Group are unable to agree upon an arbitrator within thirty (30) days after the date of such notice, the AAA will assign an arbitrator. Any decision or award rendered in such arbitration proceeding will be final and binding on Company Group and User Group, and judgment may be entered thereon only in the State or Federal courts in Onondaga County, New York.
In the arbitration, the arbitrator will apply the laws of the Commonwealth of Massachusetts, excluding its conflict of law principles. The arbitrator will not have the right to award treble damages or punitive damages. The location of the arbitration will be in Boston, Massachusetts, and the arbitration will be conducted in the English language.
Information may be obtained from the AAA online at www.adr.org, by calling 1-800-778-7879 or by writing to 1633 Broadway, 10th Floor, New York, New York 10019.
Claims of Copyright Infringement
Bindu Media respects the intellectual property rights of others, and requires that the people who use the Services do the same. It is Bindu Media’s policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible through the Software or Servicesin a way that constitutes copyright infringement, you may notify us by providing Bindu Media’s copyright agent with the following information in writing:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
- Your name, address, telephone number, and email 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; and
- A statement made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
If Bindu Media receives such a claim, it reserves the right to refuse or delete Content and to terminate a user’s account.
Bindu Media’s designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 (“DMCA”) is:
Bindu Media, Inc.
7 Deer Path Lane
Mansfield, MA 02048
Attn: Copyright Infringement
After receiving a claim of infringement, Bindu Media will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Bindu Media will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Bindu Media will take reasonable steps promptly to notify the user that Bindu Media has removed or disabled access to such material.
Upon receipt of a proper counter notification under the DMCA, Bindu Media will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that Bindu Media will replace the removed material or cease disabling access to it in 10 business days. Unless Bindu Media’s designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Software or Services, Bindu Media will replace the removed material and cease disabling access to it.
You may provide Bindu Media with a counter notification by providing Bindu Media’s copyright agent the following information in writing:
- 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 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 of the material to be removed or disabled; 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 your address is located, or if your address is outside of the United States, for any judicial district in which Bindu Media may be found and that you will accept service of process from the person who provided the initial notification of infringement.
In the event that any such claim relating to copyright infringement is asserted against Bindu Media, such claim shall be resolved through binding arbitration in accordance with the Terms provided above.
Any notice required or permitted to be given in accordance with the Terms shall be in writing. Notices to Bindu Media shall be sent by personal delivery, registered or certified mail (return receipt requested, postage prepaid) or commercial express courier (with written verification of receipt) to: Bindu Media, Inc. at 7 Deer Path Ln, Mansfield, MA 02048. For contractual purposes, you consent to receive communications from Bindu Media electronically. Notices sent to you shall be sent by personal delivery, electronic mail, registered or certified mail (return receipt requested, postage prepaid) or commercial express courier (with written verification of receipt) to the address listed on your account. All notices will be deemed given: (i) when delivered personally; (ii) 24 hours after electronic mail is sent, unless Bindu Media is notified that the email address is invalid; (iii) five (5) days after having been sent by registered or certified mail (or ten (10) days for international mail); or (iv) one (1) day after deposit with a commercial express courier specifying next day delivery (or two (2) days for international courier packages specifying 2-day delivery). Either party may change its address for receipt of notice by notice to the other party in accordance with this Section.
Bindu Media’s failure to exercise or enforce any right or provision of the Terms shall not be deemed to be a waiver of such right or provision. Bindu Media is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. The Terms contain the entire agreement between you and Bindu Media and supersedes all prior agreements between the parties regarding the subject matter contained herein, except as otherwise specifically noted herein. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Software or Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Software orServices, or any Information displayed through the Services. You may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation shall be ineffective. Bindu Media may freely assign or delegate all rights and obligations under the Terms, fully or partially without notice to you. Bindu Media may also substitute, by way of unilateral novation, effective upon notice to you, which you agree may be electronic communication, Bindu Media, Inc. for any third party that assumes Bindu Media’s rights and obligations under the Terms.