We reserve the right to amend, modify or revise this Agreement at any time, by posting the amended terms on this Application. You agree that your use of the binggo Application, after the date on which the terms of this Agreement are changed, will constitute your acceptance of the updated Agreement, and that you agree to be bound by such modifications or revisions. Unless stated otherwise, our updated Agreement shall apply to all information that we have about you and your account.
We may terminate, suspend, change, or restrict access to all or any part of this Application without notice or liability.
You understand that binggo is not the seller of the goods and services advertised on the Application. binggo is a service provider and advertiser of third-party vendor offers. The third-party vendors, not binggo, are the sellers and providers of the goods and services advertised on the Application.
binggo is not the agent of any third-party vendor and takes no responsibility for the services or products advertised on the Application. binggo makes no warranty as to the quality, safety, usability, or other aspect of the product or service advertised on the Application. Some services advertised on the Application may involve activities that could lead to potential bodily harm. binggo is not liable for any costs, harm or damages that occur as a result of, either directly or indirectly, these, or any other service or activity advertised. You are responsible for your own actions in utilizing the third-party services or products that are advertised on the Application.
USE OF THE APPLICATION
Subject to the terms of this Agreement, binggo hereby grants you permission to use the Application and access its services solely for your individual and personal use and as intended through the normal functionality of the Application and its service.
Except for allowing you to use the Application for your personal use as set forth in the paragraph above, when you use the Application you are NOT receiving a license or any other rights from us, including intellectual property or other proprietary rights of binggo or any of our users or vendors. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER
BINGGO PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS. We reserve all rights not expressly granted, in and to the Application, its content and service.
Use of the Application and its services is void where prohibited.
BINGGO TERMS OF PURCHASE
You may be able to place an order for a product or service offered on the Application. By placing an order, you are making a binding offer to purchase the product or service You have selected. Your offer is subject to the terms and conditions stated below, and to the specific terms and conditions of each vendor offer.
The product or service You purchase may be redeemed with the third party vendor of such products and services. The issuing of credit to You upon return of damaged product, or product returned for other reasons, is at the sole discretion of the third party vendor.
binggo does not control any third party vendor, and shall
not be responsible for any injuries, illnesses, damages, claims, liabilities
and costs suffered by or in respect of a customer, if any, which are caused
in whole or in part by any third party vendor, nor for any unclaimed
property liability arising from unredeemed products or services.
Before placing an order for a product or service, carefully review your selection, and all applicable terms and conditions, on the third party vendor site. Because binggo is not the seller of the goods and services on the site, binggo will not provide refunds or exchanges on any purchased product or service.
LIMITATIONS OF USE
The copyright in all Content on this Application is held by binggo and/or by the original creator of the material, and is protected by U.S. and international copyright laws and treaties. Except through the use of a binggo approved social network platform or as is allowed through the normal functionality of the Application and its service, You agree that Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, or be used in any derivative works without the consent of binggo.
You agree that, as between you and binggo, all Content created, provided or displayed by binggo is and shall remain the property of binggo. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part, without prior written permission of binggo. Other than through the use of a binggo approved social network platform or as is allowed through the normal functionality of the Application and its service, the use of Content on any other site, including by framing, scraping, reformatting, or in any networked computer environment for any purpose, is prohibited without prior written approval from binggo.
You agree to use the Content and Application only for lawful purposes. You are prohibited from any use of the Content or Application that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state or locality or of any international law or treaty or that could give rise to any civil or criminal liability. Any unauthorized use of the Application, including but not limited to unauthorized entry into binggo systems, misuse of passwords or misuse of any information posted on the Application is strictly prohibited. Any unauthorized use of any Content on this Application may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other statutes and regulations.
If You access this Application from outside of the United States, You are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Your eligibility for particular products or services is subject to final determination by binggo.
We may alter or cancel your access to or use of our Application at any time for any reason, in the sole discretion of binggo. We reserve the right to remove any Content posted by You in our sole discretion, including if we believe it violates this Agreement.
binggo (including binggo logo), binggodeals.com, "All The Major Deals Near You in One App.", and all related logos (collectively the "binggo Trademarks") are trademarks or service marks of Borato Mobile SL. Other company, product, and service names and logos used and displayed on this Application may be trademarks or service marks owned by Borato Mobile SL or others. Nothing on this Application should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of binggo or Borato Mobile SL trademarks displayed on this Application, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Application unless in accordance with the provisions of this Agreement, as is intended through the normal functionality of the Application, or without prior written authorization by us.
INTELLECTUAL PROPERTY COMPLAINTS
If you believe, in good faith, that any materials on the Application infringe your intellectual property, then notification of the alleged infringement should be sent to the designated agent for binggo. Notification should include:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material you claim is infringing is located on the Application;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of all allegedly infringed intellectual property rights or are duly authorized to act on the owner's behalf.
The agent for notification of alleged infringement at binggo
, and please use "Notification of Infringement" in the subject line.
CHILDREN AND MINORS
is intended to be used by adults over the age of 18.
You agree to comply with all applicable laws, including age requirements, pertaining to purchase and consumption of alcoholic beverages, or provision of any other age-restricted product or service from any third-party vendor.
THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY SITES
This Application may contain content that is submitted by third party users. You acknowledge that by using the Application, you may be exposed to content that you find objectionable, or which is inaccurate, misleading or incomplete. binggo
is not responsible for the accuracy, completeness or usefulness of any third party content, nor do we make any endorsement claims for the Application’s third party content. You use the Application and all content at your own risk.
This Application may also contain links to web sites controlled, owned and operated by third parties (the "third-party sites"). binggo
of such sites or the content, products, advertising or other materials presented on such sites, but are only for your convenience. You acknowledge that You access third-party sites at your own risk.
and the third-party site may provide less or different security than this Application. We are not responsible for the content of any third-party web sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party web sites. binggo
shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at any third-party websites, nor for any harm resulting from your interactions with any organizations and/or individuals found on or through the Application. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between You and such organizations and/or individuals. binggo
reserves the right, but has no obligation to become involved in or monitor disputes between You and organizations and/or individuals found on or through the Application.
reserves the right to disable any link or remove any third party content at any time in its sole discretion.
DISCLAIMER OF WARRANTIES
USE OF THE
APPLICATION IS AT YOUR OWN RISK. BINGGO
, ITS OWNER, AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE "BINGGO
PARTIES") DO NOT GUARANTEE THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT ON THIS
APPLICATION AND BINGGO
DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT. THIS
APPLICATION AND ALL OF THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT OR ANY OF OUR SERVICES.
PARTIES DO NOT WARRANT THAT THE APPLICATION IS FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND
APPLICATION AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED CONTENT IS PUBLISHED AS OF ITS DATE ONLY, AND THE BINGGO PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH CONTENT. THE BINGGO RESERVES THE RIGHT TO TERMINATE ANY OR ALL
APPLICATION OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL ANY OF THE BINGGO
PARTIES BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, FROM LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO THE USE OF OR INABILITY TO USE, BY ANY PARTY THE CONTENT, THE
APPLICATION OR ANY THIRD-PARTY SITE TO WHICH THIS APPLICATION IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, MALWARE, OR LINE OR SYSTEM FAILURE, EVEN IF THE
PARTIES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS
APPLICATION IS TO STOP USING THE APPLICATION. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT THE
PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
THE THIRD-PARTY VENDORS OFFERING PRODUCTS AND SERVICES THROUGH THIS
APPLICATION ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE
PARTIES. THE BINGGO
PARTIES ARE NOT AGENTS OF THE THIRD-PARTY VENDORS OFFERING SERVICES AND GOODS VIA THE
APPLICATION AND ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH VENDOR OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE
PARTIES HAVE NO LIABILITY IN THE EVENT OF ANY VENDOR OFFER REVOCATION, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THE
PARTIES’ DIRECT CONTROL.
You agree to indemnify and hold harmless binggo
Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by any of binggo
Parties in connection with any claim (including any intellectual property claim) arising out of (i) materials and Content You submit to, post to or transmit through the Application, or (ii) your violation of this Agreement or violation of any applicable law. You further agree that You will cooperate fully in the defense of any such claims. binggo
Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and You shall not in any event settle any such claim or matter without the written consent of binggo
. You further agree to indemnify and hold harmless binggo
Parties from any claim arising from a third party's use of information or materials of any kind that You post to the Application.
MONITORING OF THE APPLICATION
has no obligation to monitor the Application; however, You acknowledge and agree that binggo
has the right to monitor the Application electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to ensure proper operation of the Application, or to protect itself or other users of the Application.
This Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Application and Content, no distribution or solicitation is made by binggo
to any person to use the Application or Content in jurisdictions where the provision of the Application and/or any Content is prohibited by law.
This Agreement is effective until terminated by binggo
may terminate this Agreement at any time without notice or suspend or terminate your access and use of the Application at any time, with or without cause, at the absolute discretion of binggo
and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Application: Indemnification, Disclaimer of Warranties, Limitation of Liability, No Waiver, Applicable Law and Dispute Resolution, General Provisions and any other provision that by its terms survives termination of your use or access to the Application.
Delay or failure by binggo
to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
APPLICABLE LAW AND DISPUTE RESOLUTION
This Agreement and all other aspects of your use of the Application shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, to the laws of the State of California, without regard to its conflict of laws rules. You agree that You will notify binggo
in writing of any claim or dispute concerning or relating to the Application and the information or services provided through it, and give binggo
a reasonable period of time to address it BEFORE bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against binggo
. Without limiting the foregoing, You agree that the only appropriate venue for any legal action is the appropriate state or federal court located in San Mateo County, California.
This Agreement shall be subject to any other agreements You have entered into with binggo
Certain sections or promotions on the Application may contain additional terms and conditions specific to those sections or promotions, and which are also deemed terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or promotions.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
The terms of this Agreement and any operating rules for binggo
established by binggo
constitute the entire agreement of the parties with respect to the subject matter hereof.
No agency, partnership, joint venture, or employment is created as a result of the terms of this Agreement, and you do not have any authority of any kind to bind binggo
in any respect whatsoever.
The terms of this Agreement, and any rights granted hereunder, are not assignable, transferable or sublicensable by you except with our prior written consent. Any assignment attempted to be made in violation of this Agreement shall be void.
may have been bound. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
If you have any suggestions or questions about our services or concerns regarding the Agreement, please email us at