TERMS OF SERVICE
Last updated July 28, 2019
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS INCLUDE A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER PROVISION, WHICH AFFECT YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH BINGODEAL BY BLUE SMART APPS. BY ACCESSING OR USING OUR WEBSITE, APPLICATIONS OR OTHER PRODUCTS OR SERVICES (TOGETHER, THE “BINGODEAL SERVICE”), YOU AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE (“TERMS”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE BINGODEAL SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON AS OUTLINED IN SECTION 17.
These Terms apply to your access to and use of the BingoDeal Service provided by Blue Smart Apps. (“BingoDeal,” “we” and “us”). Additional terms (including, but not limited to, the terms of social media services, third-party payment processors, and third-party fulfillment providers) may apply to particular functionalities and features related to the BingoDeal Service.
Note: From time to time BingoDeal introduces new features that may only be available to certain users. Provisions of these Terms of Service relating to such new features, including, at the present, the electronic payments and fulfillment solutions, may not apply to all users.
ONLY USERS WHO ARE THIRTEEN (13) YEARS OF AGE OR OLDER MAY REGISTER FOR OR USE THE BINGODEAL SERVICE. The BingoDeal Service is not targeted towards, nor intended for use by, anyone under the age of thirteen (13). If you are between the ages of thirteen (13) and eighteen (18), you may use the BingoDeal Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and any applicable additional terms. You further represent and warrant that you: (a) have not previously been suspended or removed from using the BingoDeal Service; (b) are legally permitted to, and do, live in the United States or one of its territories, and (c) may enter into this agreement without violating any other agreement to which you are a party. If you are registering to use the BingoDeal Service on behalf of a legal entity, you further represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) you are duly authorized by such legal entity to act on its behalf.
2. Account Registration and Security Responsibilities
In order to access certain parts of the BingoDeal Service, you may be required to create a BingoDeal account (an “Account”). In connection with creating an Account, you must provide certain information (“Registration Data”) and answer all questions or fields marked “required.” You agree to: (a) provide true, accurate, current and complete Registration Data; (b) maintain and update such Registration Data to keep it true, accurate, current and complete; (c) maintain the security of your Account, including by maintaining the security and confidentiality of your login credentials; and (d) consent to allow BingoDeal to contact you for the purpose of confirming some or all of your Registration Data, to conduct research and to resolve disputes, as BingoDeal may elect to do from time to time.
3. Purchases From Other Users.
A. Cash and Other Payments Determined by Users. A buyer may, by agreement with the seller, elect to make payment by cash, check or other payment method accepted by the seller. Such payments are made directly between the buyer and the seller when they meet in person to complete their purchase and sale transaction, pursuant to terms they determine. BingoDeal is not a party to such transactions and does not facilitate such transactions, refunds or returns in any manner.
6. Discontinuance of the BingoDeal Service
BingoDeal may, in its sole discretion and without liability to you, modify, discontinue, terminate, suspend or shut-down (temporarily or permanently) all or any portion of the BingoDeal Service at any time, without prior notice. Upon any such action by BingoDeal, you must immediately stop using the BingoDeal Service.
7. Acceptable Use
When accessing or using the BingoDeal Service, you agree that you will not violate any law, contract, intellectual property or other third-party rights or commit a tort. Without limiting the generality of the foregoing, you agree that you will not do, and will not permit any third party to do, any of the following:
If you violate any of the foregoing, BingoDeal reserves the right to suspend or terminate your right to access and use the BingoDeal Service immediately without notice, and you will have infringed BingoDeal intellectual property and other rights, which may subject you to prosecution and damages. BingoDeal also reserves the right to take any remedies it deems appropriate under the circumstances if you have purchased or sold items that are in violation of this Section 7. BingoDeal reserves the right at all times to monitor, review, retain and disclose any information regarding your use of the BingoDeal Service as necessary to satisfy any applicable law, regulation, legal process or governmental request. You also acknowledge and agree that BingoDeal is not responsible or liable for the conduct of, or your interactions with, any users of the BingoDeal Service (whether online or offline). Your interactions with other users are solely between you and such users and we are not responsible or liable for any loss, damage, injury or harm which results from these interactions. In addition, enforcement of these Terms is solely in our discretion, and the absence of enforcement in some instances does not constitute a waiver of our right to enforce these Terms in other instances. These Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the BingoDeal Service will not contain any content that is prohibited by these Terms.
8. User Content
In the course of using the BingoDeal Service, you may transmit or otherwise make available certain content, including information about yourself, content, messages, materials, data, information, text, photos, graphics, code or other items or materials (“User Content”) through interactive areas or services, such as posting items for sale, making an offer, private messaging, or other areas or services. User Content may be publicly viewable in some instances. BingoDeal reserves the right, but does not have the obligation, to remove, screen or edit any User Content posted, transmitted, or stored on the BingoDeal Service at any time and for any reason without notice. You will not (and will not allow or authorize any third party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise, publish through the BingoDeal Service any of the following:
You are solely responsible for creating backup copies of and replacing your User Content at your sole cost and expense. You acknowledge and agree that BingoDeal is not responsible for any errors or omissions that you make in connection with the BingoDeal Service. By submitting or posting User Content, you hereby grant to BingoDeal a non-exclusive, transferable, royalty-free, perpetual, irrevocable, sublicensable right to use, reproduce, modify, adapt, publish, translate, sell, create derivative works from, distribute, perform, and display the User Content, and your name, company name, location and any other information you submit with the User Content, in connection with the BingoDeal Service. The use of your or any other User’s name, likeness, or identity in connection with the BingoDeal Service does not imply any endorsement thereof unless explicitly stated otherwise. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy.
You agree that BingoDeal may moderate access to and use of the BingoDeal Service in our sole discretion through any means (including, for example, blocking, filtering, deletion, delay, omission, verification, and/or termination of your access. Furthermore, we have the right to remove any posting you make on the BingoDeal Service if, in our opinion, your post does not comply with the content standards set out in Sections 7 and 8 above, and any other BingoDeal Service rules, including without limitation the Prohibited Items Guidelines. You agree not to bypass or attempt to bypass such moderation. You further agree that BingoDeal is not liable for moderating, not moderating or making any representations regarding moderating.
10. Third-Party Services and Content
In using the BingoDeal Service, you may view content, utilize services, or otherwise interact with content and services provided by third parties. BingoDeal does not control, endorse or adopt any Third-Party Content and you acknowledge and agree that BingoDeal will have no responsibility for any Third Party Content, including without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business or other dealings or correspondence with such third parties are solely between you and the third parties. BingoDeal is not responsible or liable for any damage or loss of any sort caused, or alleged to be caused, by or in connection with any such dealings, including the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party.
Any comments or materials sent to us, including, but not limited to, ideas, questions, comments, suggestions, feedback or the like regarding the BingoDeal Service or any other products or services of BingoDeal (collectively, "Feedback"), is non-confidential and will become our sole property. We will have no obligation to you of any kind, monetary or non-monetary, with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Further, you agree not to submit any feedback that is defamatory, illegal, offensive or otherwise violates any right of any third party, or breaches any agreement between you and any third party.
12. Copyright Policy
A. Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, BingoDeal has adopted a policy of terminating, in appropriate circumstances and at BingoDeal discretion, users who are deemed to be repeat infringers. We also may, at BingoDeal discretion, limit access to the BingoDeal Service and terminate access of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
B. Copyright Complaints. If you believe that anything on the BingoDeal Service infringes upon any copyright that you own or control, you may file a notification with BingoDeal Designated Agent as set forth below:
Bingo Deal by Blue Smart Apps Copyright Agent
Email Address of Designated Agent:
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by BingoDeal or the alleged infringer as the result of BingoDeal’s reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
13. Intellectual Property Rights
Unless otherwise indicated, the BingoDeal Service and all content, materials, information, functionality and other materials displayed, performed, contained or available on or through the BingoDeal Service, including, without limitation, the BingoDeal logo, and all designs, text, graphics, pictures, information, data, sound files, images, illustrations, software, other files, and the selection and arrangement thereof (collectively, the “Materials”) are the proprietary property of BingoDeal or its affiliates or licensors, and are protected by U.S. and international copyright laws and other intellectual property rights laws.
Except as otherwise provided, subject to your compliance with all of the terms and conditions of these Terms, and in consideration of your promises reflected herein (and with respect to any services requiring payment of fees, your payment of such fees), we grant to you a revocable, personal, non-exclusive, non-assignable and non-transferable license for personal, non-commercial purposes, except where explicitly provided otherwise, to (i) access and use the BingoDeal Service, (ii) cause the Materials to be displayed from a computer and/or mobile device and (iii) use the Materials, solely as permitted under these Terms (the “License”). BingoDeal and its affiliates and licensors reserve all rights not expressly granted to you in these Terms. You agree that these Terms do not grant you any rights in or licenses to the BingoDeal Service or the Materials, except for this express, limited License. You will not otherwise copy, transmit, distribute, sell, resell, license, decompile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Materials or any other part of the BingoDeal Service or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you agree not to frame or display the BingoDeal Service or Materials (or any portion thereof) as part of any other website or any other work of authorship without our prior written permission. The License granted under this Section will automatically terminate if we suspend or terminate your access to the BingoDeal Service.
BingoDeal, bluesmartapps.com, bingodeal.bluesmartapps.com and other BingoDeal graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks, registered trademarks, or trade dress of BingoDeal or its affiliates in the U.S. and/or other countries, and may not be copied, imitated, or used, in whole or in part, without BingoDeal prior written consent. You will not use any trademark, product or service name of BingoDeal without our prior written permission, including without limitation any metatags or other “hidden text” utilizing any trademark, product or service name of BingoDeal. All other registered trademarks and service marks are used for reference purposes only and remain the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by BingoDeal.
15. Suspension; Termination.
BingoDeal may revoke or terminate your License to access or use the BingoDeal Service for any reason without notice at BingoDeal sole discretion. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in these Terms or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the BingoDeal Service or Materials, or any other BingoDeal product or service, or (iii) use the BingoDeal Service or the Materials other than as specifically authorized in these Terms, without our prior written permission. You will stop accessing or using the BingoDeal Service immediately if BingoDeal suspends or terminates your License to access or use the BingoDeal Service. BingoDeal reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the BingoDeal Service during suspension or after termination. BingoDeal may recover its reasonable attorneys’ fees and court costs from you for such action. These Terms will remain enforceable against you while your License to access or use the BingoDeal Service is suspended and after it is terminated.
You may also terminate your License to access or use the BingoDeal Service by closing your Account at any time. For more details on how to close your Account, please refer to our FAQs.
16. Disclaimer of Warranties
A. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, THE BINGODEAL SERVICE, THE MATERIALS, THE PAID SERVICES, AND ANY ITEMS SOLD BY USERS THROUGH THE BINGODEAL SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE BINGODEAL SERVICE, INCLUDING THE INFORMATION, CONTENT, AND MATERIALS CONTAINED THEREIN, AND ANY ITEMS SOLD THROUGH THE BINGODEAL SERVICE.
B. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER BINGODEAL NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR THE RESPECTIVE OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES OF SUCH PARTIES (COLLECTIVELY, THE "BINGODEAL PROVIDERS") REPRESENT OR WARRANT (I) THAT THE BINGODEAL SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE BINGODEAL SERVICE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE OR ERROR FREE; (II) THAT THE BINGODEAL SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE BINGODEAL SERVICE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE BINGODEAL SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE BINGODEAL SERVICE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIALS AVAILABLE ON OR THROUGH THE BINGODEAL SERVICE; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (VI) THAT THE BINGODEAL SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE BINGODEAL SERVICE ARE NON-INFRINGING; OR (VII) THAT ANY BADGE IS A REPRESENTATION AS TO THE IDENTITY, CHARACTER OR INTEGRITY OF ANY PERSON, BUSINESS, OR ENTITY THAT IS ASSOCIATED WITH A BADGE.
C. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH THE BINGODEAL SERVICE MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD-PARTY PROVIDERS, INTERNET OUTAGES, DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES OUTSIDE OF OUR REASONABLE CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH THE BINGODEAL SERVICE.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
17. Assumption of Risk
A. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON. WE DO NOT INVESTIGATE OR VERIFY ANY USER’S REPUTATION, CONDUCT, MORALITY, CRIMINAL BACKGROUND, OR ANY INFORMATION USERS MAY SUBMIT TO THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER USERS, PARTICULARLY WHEN MEETING A STRANGER IN PERSON FOR THE FIRST TIME. IT IS POSSIBLE THAT OTHER USERS MAY ATTEMPT TO PHYSICALLY HARM OR DEFRAUD YOU OR OBTAIN INFORMATION FROM YOU FOR FRAUDULENT PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, SELLING AND BUYING THROUGH BINGODEAL’S SERVICES (INCLUDING ALL ONLINE AND OFFLINE INTERACTIONS WITH OTHER USERS).
B. COMMUNITY MEETUP SPOTS. COMMUNITY MEETUP SPOTS ARE LOCATIONS IN WHICH A THIRD PARTY (SUCH AS A POLICE DEPARTMENT OR LOCAL STORE) HAS AGREED TO POST A COMMUNITY MEETUP SPOT SIGN. WE ENCOURAGE THIRD PARTIES TO PLACE COMMUNITY MEETUP SPOTS IN WELL-LIT LOCATIONS, WITH SURVEILLANCE AND IN GENERALLY WELL-TRAFFICKED AREAS; HOWEVER, BINGODEAL DOES NOT INDEPENDENTLY VERIFY THE CONDITIONS AT ANY COMMUNITY MEETUP SPOT, DOES NOT MONITOR COMMUNITY MEETUP SPOTS AND DOES NOT WARRANTY THEIR SAFETY OR CONDITION. YOUR USAGE OF COMMUNITY MEETUP SPOTS, AND ANY DISPUTE ARISING OUT OF THAT USAGE, INCLUDING AGAINST ANY THIRD PARTY POSTING A COMMUNITY MEETUP SPOT SIGN, REMAINS SUBJECT TO THE EXPRESS PROVISIONS IN SECTIONS 16-22 OF THESE TERMS OF SERVICE.
18. Limitation of Liability
A. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BINGODEAL OR THE BINGODEAL PROVIDERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) USE OF THE BINGODEAL SERVICE OR MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY OF THE BINGODEAL SERVICE OR MATERIALS, (II) ANY INABILITY TO USE THE BINGODEAL SERVICE OR MATERIALS FOR WHATEVER REASON, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE BINGODEAL SERVICE, EVEN IF BINGODEAL OR THE BINGODEAL PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM (Y) RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM COMPANY, OR (Z) THAT RESULT FROM EVENTS BEYOND BINGODEAL’S OR THE BINGODEAL PROVIDERS' REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BINGODEAL’S RECORDS, PROGRAMS OR SERVICES.
B. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BINGODEAL OR THE BINGODEAL PROVIDERS (JOINTLY), ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE THE BINGODEAL SERVICE OR OTHERWISE RELATING TO THESE TERMS EXCEED THE GREATER OF (I) ANY COMPENSATION YOU PAY, IF ANY, TO BINGODEAL FOR ACCESS TO OR USE OF THE BINGODEAL SERVICE OR MATERIALS DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (II) $100 U.S. DOLLARS.
C. THE LIMITATIONS SET FORTH IN THIS SECTION 18 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR BINGODEAL OR THE BINGODEAL PROVIDERS' GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT OR FRAUD.
You agree to hold harmless, defend and indemnify BingoDeal and the BingoDeal Providers from all liabilities, losses, damages, deficiencies, claims, causes of action, demands and expenses, (including, but not limited to, reasonable attorneys' fees), that are due to, arise from or otherwise relate to your conduct or your use or misuse of the BingoDeal Service or Materials, including, without limitation, any actual or threatened suit, demand or claim made against BingoDeal or any BingoDeal Provider that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of these Terms including without limitation your breach of any of your representations and warranties; (iii) your use of any of the BingoDeal Service or Materials; (iv) any content that you store on or transmit through the BingoDeal Service; or (v) any items that you mail or ship in connection with the BingoDeal Service, including items sold to other BingoDeal users. BingoDeal may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with BingoDeal in such an event.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION (INCLUDING A JURY TRIAL WAIVER) ANY AND ALL DISPUTES (OTHER THAN SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS) WITH BINGODEAL AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM BINGODEAL (NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS).
A. Binding Arbitration. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 7 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and BingoDeal agree (1) to waive your and BingoDeal respective rights to have any and all Disputes arising from or related to these Terms, the BingoDeal Service or the Materials, resolved in a court, and (2) to waive your and BingoDeal respective rights to a jury trial. Instead, you and BingoDeal agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
B. No Class Arbitrations, Class Actions or Representative Actions. You and BingoDeal agree that any Dispute arising out of or related to these Terms, the BingoDeal Service or the Materials is personal to you and BingoDeal and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and BingoDeal agree that there will be no class arbitration or arbitration in which an individual attempt to resolve a Dispute as a representative of another individual or group of individuals. Further, you and BingoDeal agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
C. Federal Arbitration Act. You and BingoDeal agree that these Terms affect interstate commerce and that the enforceability of this Section 20 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
D. Notice; Informal Dispute Resolution. You and BingoDeal agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises so that the parties can attempt in good faith to resolve the Dispute informally. Notice to BingoDeal shall be sent by certified mail or courier to Blue Smar Apps., Attn: BingoDeal Designated Agent, firstname.lastname@example.org. Your notice must include (1) your name, postal address, telephone number, the email address you use or used for your Account, and, if different, an email address at which you can be contacted, (2) a description in reasonable detail of the nature or basis of the Dispute, and (3) the specific relief that you are seeking. Our notice to you will be sent to the email address you used to register for your Account, and will include (a) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that we are seeking. If you and BingoDeal cannot agree on how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or BingoDeal may, as appropriate and in accordance with this Section 20, commence an arbitration proceeding, or to the extent specifically provided for in section 20(A), file a claim in court.
E. Process. Except for Disputes arising out of or related to a violation of Section 7 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and BingoDeal agree that any Dispute must be commenced or filed by you or BingoDeal within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and BingoDeal will no longer have the right to assert such claim regarding the Dispute). You and BingoDeal agree that (1) any arbitration will occur in Santa Clara County, California, (2) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (3) that the state or federal courts of the State of California and the United States, respectively, sitting in Santa Clara, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
F. Authority of the Arbitrator. As limited by the FAA, these Terms and the applicable JAMS Rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
G. Rules of JAMS. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (1) acknowledge and agree that you have read and understood the rules of JAMS, or (2) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
H. Severability. If any term, clause or provision of this Section 20 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses, and provisions of this Section 20 will remain valid and enforceable. Further, the waivers set forth in Section 20(B) are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
I. Opt-Out Right. You have the right to opt-out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 20 by writing to Blue Smart Apps, Attn: Bingo Deal Designated Agent, email@example.com. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt-out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 21.
21. Governing Law; Venue.
These Terms, your access to and use of the BingoDeal Service and Materials shall be governed by and construed and enforced in accordance with the laws of the State of California without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in Santa Clara County, California.
A. Entire Agreement; Order of Precedence. These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the BingoDeal Service. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with BingoDeal for the BingoDeal Service or for any other BingoDeal product, feature, service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with BingoDeal, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
B. Amendments. We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending you an email and/or by posting the amended Terms via the BingoDeal Service and updating the “Last Updated” date at the top of these Terms. All amended Terms will become effective immediately on the date they are posted to the BingoDeal Service unless we state otherwise via our notice of such amended Terms. Any amended Terms will apply prospectively to the use of the BingoDeal Service after such changes become effective. Your continued use of the BingoDeal Service following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to any amended Terms, you must discontinue using the BingoDeal Service.
C. Severability. If any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
D. Waiver. Our failure or delay in exercising any right, power or privilege under these Terms will not operate as a waiver thereof.
E. Relationship. BingoDeal is an independent contractor for all purposes and is not your agent or trustee. You are not an agent of BingoDeal.
F. Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from BingoDeal, including by operation of law or in connection with any change of control. BingoDeal may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
G. Headings. Headings of sections are for convenience only and will not be used to limit or construe such sections.
H. Survival. Sections 16 (Disclaimer of Warranties), 18 (Limitation of Liability), 19 (Indemnity), 20 (Arbitration), 21 (Governing Law; Venue), this Section 22 (Miscellaneous), and any other term that, by its nature, should survive, will survive any termination or expiration of these Terms.
Prohibited items guidelines
Last updated July 28, 2019
Although most things can be sold on BingoDeal, certain items aren't allowed. Some present legal risks or may pose health and safety issues. We've also chosen not to allow items that we feel are inappropriate for our community or could be considered offensive.
Before posting your items, please read the guidelines below to ensure that they are OK to sell on BingoDeal. Also please review our Posting rules and Community guidelines.
The following items are not allowed for sale:
1. Alcohol, drugs & tobacco
2. Adult & mature content
4. Wildlife products
5. Counterfeit and replica items
6. Dangerous items
7. Gift cards
8. Illegal items or encouraging illegal activity
9. Intangible items
10. Medical & healthcare items
11. Offensive materials
Alcohol, drugs & tobacco
Alcohol, drugs, tobacco and related products are often subject to regulatory restrictions and are illegal for sale in some cases. Because we can't enforce these laws and regulations, we don't allow these items for sale, including:
Adult & mature content
BingoDeal strives to be an open marketplace but understands that not all people want to see explicit sexual content. Items intended for adult use or that contain explicit sexual content are not allowed on BingoDeal, such as:
Our policy around animals and wildlife products represent BingoDeal’s commitment to improving animal welfare in our own communities and in helping to protect threatened and endangered animals around the world.
You can certainly post many types of animal products. However, live animals are never allowed, including:
Live animals are never allowed, including but not limited to:
Wildlife & wildlife products
You can certainly post many types of animal products. However, wildlife products that were sourced illegally or are being traded in contravention of any law are prohibited.
Examples of prohibited live wildlife and their products include, but are not limited to:
Counterfeit or replica items
The sale of bootlegs, counterfeits, fakes, and unauthorized or pirated copies of items is illegal and not allowed on BingoDeal, including:
Items that pose health and safety concerns or that are regulated or illegal are not allowed on BingoDeal. These include but are not limited to:
o Items subject to recall
o Items deemed to pose significant health or safety risks to others
The sale of homemade prepared food is subject to regulatory guidelines and often requires a permit. Because we can't enforce these restrictions, prepared food is not allowed. Examples:
Exceptions to this policy include:
Gift cards and reloadable cards are not allowed due to the risk for buyers. The balance can't always be verified, and sometimes the card balance can be used or canceled by the original purchaser.
Illegal items or encouraging illegal activity
Any item that is illegal or that encourages illegal activity is not allowed, including but not limited to:
BingoDeal is intended for the sale of individual, tangible items. Items must exist and be available for immediate sale. Examples of things that are not allowed include:
o Links to or information about flea markets, yard sales, and garage sales
o URLs, links, or redirecting to other websites
o Rentals and timeshares
o Multi-level marketing schemes and related promotional materials
o Job postings
o Lost pet ads
Medical & healthcare items
Due to health and safety, privacy, and regulatory concerns, certain medical and healthcare items are not allowed for sale on BingoDeal, including but not limited to:
BingoDeal is an inclusive community that welcomes users from all backgrounds. To build a respectful mobile marketplace, posts that contain foul language or that promote hatred, violence, or discrimination are not allowed. This includes posts that support hate or discrimination toward others based on age, race, ethnicity, national origin, religion, gender, gender identity, disability, or sexual orientation, or items that promote or glorify organizations with such views. Examples:
Help keep our community strong
If you see a prohibited item on BingoDeal, please report it in the app. On the profile page, click report a problem link.
Posts that violate any of our guidelines, policies, or terms may be removed at our discretion. Additional actions may be taken for severe or repeat offenses.
Last updated July 28, 2019
To help make the buying and selling experience enjoyable for everyone, please follow these guidelines when posting items.
We may remove content that violates these guidelines. In cases of severe or repeated violations, we may suspend or cancel an account or take other action.
BingoDeal is a way to connect with your local community and beyond. Use your true identity and honestly represent yourself. Please:
To allow buyers to get a true feel for the items you’re selling, please:
Multiple posts showing identical items from the same seller can be confusing to buyers, and difficult to manage for sellers. Even if you have more than one of the same item, please list one at a time. Don't post the same item in more than one listing or in multiple categories.
Please list an accurate geographic location so your local buyers can arrange to meet you for pickup.
Titles and descriptions should give buyers a clear, honest, and accurate description so they can tell if the item is what they're looking for. Some things to avoid:
BingoDeal messaging lets you communicate with others without sharing personal information or leaving the app. Remember, the use of in-app messaging to circumvent prohibited items or posting rules isn't allowed.
Don't text and drive, and never share your account info, password, phone number, or email address. Sometimes people will "phish" for your confidential info, to try to steal your online identity. BingoDeal will never ask you to put account or personal info in a message thread.
Most items are allowed on BingoDeal, but there are a few types of items that aren’t permitted. Some may present legal issues or be dangerous, while others may be offensive or not in line with the spirit of our community. Read the prohibited items guidelines for details.
Sometimes fees may be incurred when posting certain kinds of items or making cashless transactions. Any action by a seller to avoid paying a fee is strictly prohibited. It's important to remember that if you don't pay these fees, whether intentionally or by mistake, your listings may be removed.
If you notice posts that don't meet these guidelines, please report them to us for investigation. On the profile page, click report a problem link.
Last updated July 28, 2019
BingoDeal is committed to maintaining an inclusive and respectful community. Here are a few tips to help foster an enjoyable experience for everyone:
In addition, when using BingoDeal and interacting with buyers, sellers, or employees, please refrain from any of the below:
o Targeting another person with complaints about items that were not purchased or expressing opinions about items with no intent to purchase
o Sexual harassment or any comments related to another person’s looks, relationship status, etc.
o Other comments not related to the item
o Pressuring a seller to make a sale
o Unsolicited messages sent to potential buyers, including those of a commercial nature
o Impersonation of another buyer, seller, BingoDeal employee, or other entity in communications
o Any other misleading, fake, or malicious communication
o Offensive or vulgar profile names, links, or photos, or those that infringe on the intellectual property rights of others
o Use of the BingoDeal name or image
o Inclusion of personal contact details
o Posting another person's private information, including contact information
We may remove content that violates these guidelines. In severe cases or repeated violations, we may suspend or cancel an account or take other action. For more information, please see our Terms of service.
Maintaining a strong community is important to us. If you run into any suspicious behavior or items, please let us know. You can also block any user so they can't contact you in the app. Users won't know when you've reported or blocked them. On the profile page, click report a problem link.