Terms of Service
1. About BingeFeed
(a) Welcome to BingeFeed. The BingeFeed web application (the "Web Application") is a website and app that provides users with an opportunity to upload content ("Content") about films, TV series, video games, books and other forms of entertainment, for the purpose of sharing this Content with other users (the "BingeFeed Service"). Users can participate on the Website by creating fan pages, posting in fan pages, uploading ratings,
commenting on posts, replying to comments, liking Content, and uploading opinion-based Content ("Fan Content") (collectively, "User Participation").
(b) The Web Application is operated by BingeFeed. Access to and use of the Website Application is provided by BingeFeed ("BingeFeed", "we", "us"). The following terms and conditions (the "Terms")
govern your use of the Website Application. Please read these Terms carefully. Your use of the Website Application signifies that
you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must:
(i) not proceed to create an account; or,
(ii) delete your account; and/or,
(iii) cease use of the Website Application immediately.
(c) BingeFeed reserves the right to review and change any of the Terms by updating this page at its sole discretion.
When BingeFeed updates the Terms, it will use reasonable endeavours to provide users with notice of updates to the Terms.
Any changes to the Terms take immediate effect from the date of their publication. Your use of the Website Application subsequent
to the posting of any change(s) to the Terms will be deemed your acceptance of such change(s).
2. Acceptance of the Terms
(a) You accept the Terms by using the Website Application. This includes accessing the Website Application and/or creating a user account.
3. Creating an Account
(a) When creating an account for the Website Application, you are required to provide the following
information about yourself:
(i) Preferred username
(ii) Email address
(iii) Password
(b) You warrant that the personal information you provide to the Website Application is accurate, correct and/or up to date.
You are encouraged to read our
Privacy Policy which explains how the Website Application uses this personal
information.
(c) In creating an account, you confirm that you are 13 years of age or older.
(d) Once you have created your account, you will be a registered user of the Website Application.
4. User Conduct
(a) As a user of the Website Application, you agree to use the Website Application only for purposes that are permitted by:
(i) the Terms;
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) As a user of the Website Application, you also agree to comply with the following:
(i) use of your account by another person, or third parties, is strictly prohibited. You agree to immediately
notify BingeFeed of any unauthorised use of your account or any breach of security of which you have become aware;
(ii) you will not use the Website Application to conduct or solicit the performance of any illegal or unauthorised
activity or any other activity which infringes the rights of others;
(iii) you will not upload any Content or Fan Content which is libelous, defamatory or which discloses private or personal
matters concerning any person or entity;
(iv) you will not upload any Content or Fan Content that contains sexually explicit material, extreme depictions of
violence, unauthorised advertisements or affiliate links, terrorism threats, or language that is
offensive, abusive or hateful;
(v) you will not use the Website Application to the detriment of other users, including tampering with the Website Application,
breaching the privacy of other users, harassing other users, transmitting viruses, or attempting to gain
unauthorised access to user data;
(vi) you will not upload any Content or Fan Content that would violate the rights of others, including but not
limited to the unauthorised use, publication or disclosure of copyrighted materials, trade secrets
or other confidential or proprietary information;
(vii) you will not upload any Content or Fan Content that uses trade marks or service marks in an infringing fashion;
(viii) you will not upload any Content or Fan Content pertaining to charity requests, petitions for signatures,
requesting donations, relating to pyramid schemes, or pertaining to the manipulation of the BingeFeed Service;
(ix) you will not upload any advertising or any other solicitation of another person or entity for goods
or services other than of the BingeFeed Service;
(x) any Content or Fan Content you upload that violates the Terms or otherwise is determined by BingeFeed to be undesireable may be
removed from the Website Application without notice and may result in the suspension or termination of your account;
(xi) you will not harvest or collect information about other users or use such information for the
purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications;
(xii) you will not knowingly solicit or collect personal information from a child 18 years old or younger;
While the Website Application allows users to include a link to a YouTube video (Video) within a post or Fan Content or as a trailer for a fan page, you agree to only include links for Videos where: (1) the creator of that Video has enabled
embedding functionality and therefore grants public use of the Video, or (2) you have obtained prior written permission from
the creator of the Video for you to have the Video embedded in a post on the Website. BingeFeed is not responsible nor liable for any user who has chosen to embed a Video on the Website Application where the creator of that Video has disabled embedded functionality and where the user has
failed to obtain prior written permission from the creator of the Video to have the Video embedded on the Website Application. Where it is found that a Video has been embedded on the Website Application
and the creator of that Video has not granted public use of the video, BingeFeed will strive to promptly remove that Video from the Website Application.
(c) As a user of the Website Application, you acknowledge the following:
(i) your use of the Website Application is entirely voluntary;
(ii) the Website Application is for personal use only;
(iii) any automated use of the Website Application is strictly prohibited;
(iv) as User Participation on the Website Application occurs in real time, you or others may upload Content or Fan Content that has not
been edited, censored, moderated or otherwise controlled by BingeFeed. BingeFeed reserves the right to monitor
Content and Fan Content and to remove Content or Fan Content in violation of these Terms. BingeFeed is not responsible nor liable for any
failure or delay in removing such Content or Fan Content, or for the removal of any Content or Fan Content it deems inappropriate
for any reason at its sole discretion.
5. Copyright and Intellectual Property
(a) All products of BingeFeed are subject to copyright. The material on the
Website Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise
indicated, all rights (including copyright) in the site content and compilation of the Website Application (including
text, graphics and logos) (the "Site Content") are owned or controlled for these purposes and are reserved by BingeFeed or its
contributors.
(b) BingeFeed retains all rights, title and interest in and to the Website Application and all related content. Nothing
you do on or in relation to the Website Application will transfer to you:
(i) the business name, trading name, domain name, trade mark, patent, registered design or copyright of BingeFeed; or
(ii) the right to use or exploit the business name, trading name, domain name or trade mark; or
(iii) a system or process utilised for the Website Application that is the subject of a patent, registered design
or copyright (or an adaptation or modification of such a system or process).
(c) You may not, without the prior written permission of BingeFeed and the permission of any other relevant
rights owners: copy, reproduce, broadcast, republish, upload to a third party, transmit, post, distribute, show or play
in public, adapt or change in any way the Site Content or third party content for any purpose.
6. Privacy
(a) BingeFeed takes your privacy seriously and any information provided through your use of the Website Application is subject
to BingeFeed's
Privacy Policy.
(b) BingeFeed does not display any identifying information about you to other users, such as your full name, mobile phone
or email address. BingeFeed is not in any way responsible for a user sharing such information about
either themselves or another person via the BingeFeed Service. If you share identifying information
about either yourself or another user, you do so entirely at your own risk. Where a user has discovered
that their personal information has been shared by another user and without their prior permission,
they are encouraged to report the respective Content or Fan Content and/or to report
the responsible user using the Website Application's report options.
7. Third Party Sites
(a) Content or Fan Content uploaded to the Website Application may include links ("Links") to third party websites that are not operated or controlled
by BingeFeed ("Third Party Site(s)"). The inclusion of Links for Third Party Sites when users upload Content or Fan Content is
entirely voluntary, as is a user's decision to access such Links. The inclusion of these Links does not imply BingeFeed's
endorsement of the Third Party Site or any content provided on the Third Party Site, nor does it imply any association
with the operators of the Third Party Site. Third Party Sites may contain content that you find offensive
or concerning. If you decide to access the Link for a Third Party Site, you do so entirely at your own risk.
8. Limits on Liability
(a) BingeFeed strives to provide the best user experience possible for those using the Website Application.
The Website Application, however, is provided “As is,” and to the extent permissible by law, BingeFeed makes no
guarantees that the Website Application will always be safe, secure, or error-free, or that it will function without
disruptions, delays, or imperfections. We make no representations or warranties of any kind, express or
implied, about the completeness, accuracy, reliability, suitability or availability with respect to the
Website Application or the information, services, or related graphics contained on the Website Application for any purpose. Any
reliance you place on such information is therefore strictly at your own risk. We do not control or direct
what people and others do or say, and we are not responsible for their actions or conduct (whether online
or offline) or any content that they share (including offensive, inappropriate, obscene, unlawful and other
objectionable content).
(b) We cannot predict when issues may arise with the Website Application. Accordingly, our liability shall be limited to
the fullest extent permitted by applicable law. To the fullest extent permitted by applicable law, under no
circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential,
special, indirect, exemplary, punitive or incidental damages arising out of or related to these Terms
(however caused and on any theory of liability, including negligence), even if we have been advised of the
possibility of such damages.
(c) Through the Website Application you are able to access Links to other websites which are not under the control of
BingeFeed. We have no control over the nature, content and availability of those Third Party Sites. The inclusion of any
Links does not necessarily imply a recommendation or endorse the views expressed within them.
(d) Every effort is made to keep the Website up and running smoothly. However, BingeFeed takes no responsibility for, and will
not be liable for, the Website Application being temporarily unavailable due to technical issues beyond our control.
9. Termination of contract
(a) BingeFeed reserves the right, in its sole discretion, to suspend or terminate your access to the Website Application,
with or without notice, for any reason, including, without limitation, if BingeFeed believes that you have
violated or acted inconsistently with these Terms. BingeFeed may at any time terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) BingeFeed is required to do so by law;
(b) Subject to local applicable laws, BingeFeed reserves the right to discontinue or cancel your account
with the Website Application at any time and may suspend or deny, in its sole discretion, your access to all or any portion
of the Website Application without notice if you breach any provision of the Terms or any applicable law or if your
conduct impacts BingeFeed's name or reputation or violates the rights of those of another party.
(c) When the Terms come to an end, all of these legal rights, obligations and liabilities that you and BingeFeed
have benefited from, been subject to (or which have acrued over time whilst the Terms have been in force)
or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions
of this clause shall continue to apply such rights, obligations and liabilities indefinitely.
(d) You acknowledge and agree that BingeFeed shall not be liable to you or any third party for any termination or
suspension of your access to the Website Application.
10. Indemnity
(a) You agree to indemnify BingeFeed, its affiliates, employees, agents, contributors, third party content providers,
and liscensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees
on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content or Fan Content you post
through the Website Application or in connection with your use or misuse of the Website Website Application;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website Application or attempts
to do so; and/or
(iii) any breach of the Terms.
(b) BingeFeed reserves the right to have control of any defense and control of any matter otherwise subject
to indemnification by you. You agree to cooperate with BingeFeed in asserting any available defenses.
11. Complaints
(a) BingeFeed takes seriously any complaints from users of the Website Application and attempts to respond to every
complaint. If you have a complaint regarding your experience with the Website Application, you may submit your
complaint to BingeFeed by emailing our customer service representatives at bingefeed@binge-feed.com.
Please use the word "Complaint" in the subject line, and include the following information in your email:
(i) your name and, if applicable, the email address you listed when creating your account;
(ii) the basis of your complaint;
(iii) if your complaint concerns the actions of another user, include their username and the type of
inappropriate behaviour they have engaged in.
12. Dispute Resolution
(a) Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or
Court proceedings in relation to the dispute, unless the following clauses have been complied with
(except where urgent interlocutory relief is sought).
(b) Notice:
A party to the Terms claiming a dispute ("Dispute") has arisen under the Terms, must give written notice to the other
party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute.
(c) Resolution:
On receipt of that notice ("Notice") by that other party, the parties ("Parties") to the Terms must:
(i) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by
negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved,
the Parties must agree upon selection of a mediator;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost
of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by
the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs
associated with mediation;
(iv) The mediation will be held in Victoria, Australia.
(d) Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this
dispute resolution clause are confidential and to the fullest extent possible, must be treated as "without prejudice"
negotiations for the purpose of applicable laws of evidence.
(e) Termination of Mediation:
If three months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved,
either party may ask the mediator to terminate the mediation and the mediator must do so.
13. Venue and Jurisdiction
(a) In the event of any dispute arising out of or in relation to the Website Application, you agree that the
exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
14. Governing Law
(a) The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or
claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall
be governed, interpreted and constructed by, under the pursuant to the laws of Victoria Australia, without
reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing
law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their
successors and assigns.
15. Independent Legal Advice
(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both
parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against
public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
16. Severance
(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that
part shall be severed and the rest of the Terms shall remain in force.
17. Consideration and Agreement
(a) You agree with the following:
(i) that there is legally sufficient consideration for the Terms and for the rights granted and
obligatons undertaken by the parties herein;
(ii) that your agreement with the Terms ("Agreement") is a legally binding contract between you and BingeFeed;
(iii) that you are entering into this Agreement knowingly and willingly; and
(iv) that your submission of this Agreement to BingeFeed electronically constitutes your electronic
agreement, such that this Agreement becomes binding upon submission.
Privacy Policy
1. Introduction
In this policy, we refer to binge-feed.com as "the Web Application" which is operated by BingeFeed ("BingeFeed", "us", "we").
At BingeFeed, we take your privacy seriously. We want you to understand how we collect information about you and
how we use it. This includes describing how we use cookies. We also want to inform you about your choices
regarding personal information. If you have any questions or concerns, you are encouraged to contact us at
bingefeed@binge-feed.com.
Please note that our Privacy Policy may be updated from time to time so ensure that you regularly revist this page.
2. What information we collect and how we use it
(a) When creating an account for the Web Application, you are required to provide the following
information about yourself:
(i) Preferred username
(ii) Email address
(iii) Password
Of this information, only your username is visible to other users.
Your email address is required to: (1) help verify that you are a person, (2) allow you to reset your password in case you have forgotten it, and (3), electronic communications, which you may choose to unsubscribe to.
(b) The Web Application also collects information through the use of cookies. Cookies are small data
files that are used to store and receive identifiers and other information on computers, phones and other
devices. We use cookies to keep you logged in as you navigate between pages or when you close
and reopen your browser. "Session ID" cookies are used to allow (or prohibit) certain features of the
Web Application. For example, a "Session ID" cookie is created after you login which allows you to view certain
pages of the Web Application that are only accessible to registered users.
(c) After you create an account, we monitor your user activity, such as when you create a post, like a comment
or rate a title. We use this information to generate personalised recommendations for you.
5. How we store and secure passwords
We store passwords in an encrypted form, meaning that they are converted into a code that hides
what the true password is. However, we still advise users to ensure that their passwords contain
a combination of letters (uppercase and lowercase), numbers and characters.
6. How long we keep your information for
We keep your information for as long as your account exists. If, for whatever reason, BingeFeed decides
to terminate your account, or if you choose to delete your account, all your user data (username, email address,
password) as well as data pertaining to your activity as a user, will be permanently
deleted (see further details below).
7. What happens when you delete your account
Deleting your account will permanently delete all posts, comments and replies you have made. All your ratings and likes
will also be permanently deleted. Any fan pages you have added will remain. Any content you have uploaded will also remain unless
you choose to delete your uploaded content manually prior to deleting your account. If you wish to
access BingeFeed again after deleting your account, you will need to create a new account.
8. Blocking
Blocking a user means that you will no longer see any of their posts, comments or replies. Likewise,
they will not be able to see any of your posts, comments or replies. Their likes to any of your posts,
comments or replies will be hidden as well as your likes to any of their posts, comments or replies.
You will also no longer be able to view any past notifications relating to the user commenting on your
posts, replying to your comments, or liking any of your content. Similarly, the user will no longer be able
to view any past notifications relating to you commenting on their posts, replying to their comments, or
liking any of their content. You will still be able to view and access any titles they have created and
they will still be able to view and access any titles that you have created.
9. Your choices
If you no longer wish to receive email communications from BingeFeed, you may choose
to select the "unsubscribe" option included within the email.
If you decide at any time that you no longer wish to accept cookies from the Web Application, you may instruct
your browser, via the "settings" option, to stop accepting cookies or to prompt you before accepting a cookie
from the websites you visit.
11. Children's information
The Web Application requires users to be at least 13 years of age. BingeFeed does not knowingly collect personally
identifiable information from children under 13. If we become aware that a child under 13 has
provided us with personal information, we will terminate their account and delete such information
from our files.
12. How to contact us
If you have any questions or concerns about this Policy or any of the practices described herein, please
send us an email at bingefeed@binge-feed.com.
