Terms & Conditions – Name That Bingo

Name That Bingo (hereinafter the “Company”) has enacted the following policies to describe the Terms of use. The User of the Name That Bingo related services (hereinafter the “User”) will conduct the contemplated services through the Application (collectively hereinafter the “App”). The term “You” refers to anyone who uses, visits and/or views the App, the terms “we”, “us” and “our” refers to Name That Bingo or the Company. We offer this App, including all information, tools and services available from this application to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting and/or using our App and any related websites that may exist and/ or purchasing something from us, You engage in our “Service” and agree to be bound by the following (“Terms and Conditions”) (“Terms & Conditions”, “Terms”). These Terms & Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms & Conditions carefully before accessing or using our App. By accessing or using any part of our services, You agree to be bound by these Terms & Conditions. By agreeing to these Terms & Conditions, You represent that You are at least the age of majority in your state or province of residence, or that You are the age of majority in your state or province of residence and You have given us your consent to allow any of your minor dependents to use this site. If You do not agree to all the terms and conditions of these Terms, then You may not access the App or use any services. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions. Any new features or tools which are added to the current App shall also be subject to the Terms & Conditions. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our App. It is your responsibility to check this periodically for changes. Your continued use of the Service or access to the App following the posting of any changes constitutes acceptance of those changes.

1. Services
  - Rights Reserved. We reserve the right to refuse, in our sole discretion, to write, display, or be associated with in any manner, any song, artist, message, or general content that we deem or could be considered; defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening, encouraging or advocating conduct constituting a criminal offense, giving rise to civil liability, or otherwise violate any law.
  - Content. All features, content, availability, specifications, products and prices of products that may be described or depicted within the Services are subject to change at any time without notice at our discretion.
  - Account. In order to use certain aspects of the Services and/or purchase products, You may be required to create an account and provide accurate, current and complete information in connection with your use of the Services (“Account“). You agree to maintain and promptly update your Account information as necessary to maintain its accuracy. We reserve the right to suspend or terminate access to and use of the Services, or any portion thereof, on the basis of inaccurate or incomplete Account information.
  - You acknowledge that when You sign up for our Services or provide any contact information, including an email address or cellphone number in connection with that activity, or service (“Contact Information”), You agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with You about our products or Services using the Contact Information You provided to us. You also attest that You have the legal authority over any Contact Information that You provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving. If You do not want to receive such email messages, You may opt out or change your preferences in your Account settings page. Opting out may prevent You from receiving email messages regarding updates, improvements, or offers.
  - Confirmation, Cancellation and Promotion. We reserve the right, without prior notice and at any time: (A) to discontinue any product or service; (B) to bar any user from making or completing a transaction; and (C) to limit or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion. We also may require additional information and/or verification of information prior to the acceptance of any purchase.
  - Services Rules
  - i. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, stealing or assuming and person’s identity (whether a real identity or nickname or alias), conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein. ii. You may not use the Services to develop, generate, transmit or store information that: (A) infringes any third party’s intellectual property or other proprietary right; (B) is, in our sole discretion, defamatory, harmful, abusive, obscene or hateful; (C) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Services, (D) performs any unsolicited commercial communication not permitted by applicable law; or (E) is harassment or a violation of privacy or threatens other people or groups of people. iii. The Services contain confidential and trade secret information owned or licensed by Name That Bingo, and You agree to take reasonable steps at all times to protect and maintain the confidentiality of such information.iv. By registering for an Account and/or using the Services, You represent that the You will not violate any parties copyright / trademark / patent or any intellectual property and that You have the legal rights to use any songs or albums You use in connection with the Services. You agree the Services will be used only in a lawful manner and as intended by Company.v. We may, without prior notice, change the Services; stop providing the Services or features of the Services, to You or to Users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination You violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, You continue to be bound by these Terms.
2. Payment
  Name That Bingo uses a third-party payment processor (the “Payment Processor”) to handle credit card transactions. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for errors by the Payment Processor. By utilizing the Services, You agree to pay us, through the Payment Processor, in accordance with the applicable payment terms.
3. Refund policy
  - Refunds are offered in the sole discretion of Company and no User shall have a right to refund for any purpose.
4. . Intellectual Property
  The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Name That Bingo Content”), and all intellectual property rights related thereto, are the property of its licensors, whether from Company or a third party artist. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Name That Bingo Content or any artist, including any sub-leasing of the App. Use of the Name That Bingo Content for any purpose not expressly permitted by this Terms is strictly prohibited. These Terms do not provide You with title or ownership of any Services or Name That Bingo Content, but only a limited right to use the same for your direct use solely upon the terms expressly set forth in these Terms.
5. Third-Party Links and Information
  If any Services now or in the future contain links to other sits and resources provided by third parties, these links are provided for your convenience only. These links to third-party materials are not owned or controlled by Name That Bingo. Name That Bingo does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If You access a third-party App or service from the Services, You do so at your own risk, and You understand that these Terms and Name That Bingo Privacy Policy do not apply to your use of such sites. You expressly relieve Name That Bingo from any and all liability arising from your use of any third-party App, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between You and such advertisers. You agree that Name That Bingo shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
6. Indemnification
  You agree to defend, indemnify and hold harmless Name That Bingo (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Services in violation of these Terms; (b) your violation of any law or the rights of a third party; or (c) any use of the products that caused injury or damage to yourself or a third party. This indemnification obligation will survive the termination of these Terms and your use of the Services.
7. No Warranty
  a. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMISSIBLE BY LAW. NAME THAT BINGO, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. b. NAME THAT BINGO MAY ALTER, SUSPEND, ADD TO, OR DISCONTINUE THE SERVICES IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON, WITHOUT NOTICE OR COST. BY HAVING ACCESS TO THE SERVICES, YOU AGREE THAT NAME THAT BINGO AND PARTNERS MAY PLACE ADVERTISEMENTS ON THE SERVICES. THE TYPES OF ADVERTISEMENTS ARE SUBJECT TO CHANGE.c. IF YOU ARE DISSATISFIED WITH THE SERVICES AND/OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ITS OR THEIR USE.d. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
8. Limitation of Liability
  a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES, WE AND/OR OUR OFFICERS, EMPLOYEES, SUCCESSORS, SHAREHOLDERS, JOINT VENTURE PARTNERS OR ANYONE ELSE WORKING WITH US SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EQUITABLE, SPECIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF THIS APP INCLUDING BUT NOT LIMITED TO ALL THE CONTENT, INFORMATION, PRODUCTS, SERVICES AND GRAPHICS PRESENTED HERE.YOU EXPRESSLY AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF THE PERSONAL AND ANY INFORMATION YOU PROVIDE, OUTCOME OF YOUR ACTIONS, PERSONAL AND BUSINESS RESULTS, AND FOR ALL OTHER USE IN CONNECTION WITH THE APP. b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NAME THAT BINGO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES OR PRODUCTS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL NAME THAT BINGO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO NAME THAT BINGO HEREUNDER OR ONE HUNDRED DOLLARS ($100.00) WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER SUCH LIABILITY ARISES FROM NEGLIGENCE, BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY OF LIABILITY. YOU AGREE THAT WE PROVIDE NO EXPRESS OR IMPLIED GUARANTEES TO YOU FOR THE CONTENT PRESENTED HERE, AND YOU ACCEPT THAT NO PARTICULAR RESULTS ARE BEING PROMISED TO YOU HERE. c. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS TERMS GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
9. Governing Law and Mandatory Arbitration
  1. Governing Law; Limitation of Claims. This Agreement will be governed by and construed in accordance with the laws of the State of North Carolina. You agree that regardless of any statute or law to the contrary, any claim or cause of action against Name That Bingo arising out of or related to this Agreement must be filed within one year after such claim or cause of action arose, or be forever barred.
  2. Dispute Resolution. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND NAME THAT BINGO HAVE AGAINST EACH OTHER ARE RESOLVED.
  3. We strongly encourage You to first contact us directly to seek a resolution of any dispute or claim by emailing info@NameThatBingo.com. You and Name That Bingo agree that any and all disputes or claims that have or may arise between You and Name That Bingo shall be resolved exclusively through final and binding arbitration, rather than in court.
  4. The arbitration will be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association, as modified by this Agreement to Arbitrate. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by the court.
  5. the arbitration will be confidential, and neither You nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award;
  6. the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and
  7. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in Wake County, North Carolina.
  Expenses and Attorneys’ Fees.In the event any action is brought to enforce any provision of these Terms or to declare a breach of these Terms, the prevailing party shall be entitled to recover, in addition to any other amounts awarded, reasonable legal and other related costs and expenses, including attorney’s fees, incurred thereby.
10. Termination
  These Terms are effective unless and until terminated by either You or us. You may terminate these Terms at any time by notifying us that You no longer wish to use our Services, or when You cease using our App. We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke and terminate your use of our App including any or all Content published by You or us at any time for any reason, without notice and You will remain liable for all amounts due up to and including the date of termination.
11. DMCA Notice
  We respect the intellectual property rights of others, and we prohibit the uploading, posting, transmitting, sharing, or otherwise making available any material that violates another party’s intellectual property rights. When we receive proper notification of alleged copyright infringement, we may promptly remove or disable access to any allegedly infringing material and may terminate any Account of any repeat infringer, in accordance with the Digital Millennium Copyright Act (“DMCA”). If You believe that your own copyrighted work is accessible on the Services or any service in violation of your copyright, then You may provide our designated agent with a written communication as set forth in the DMCA, 17 U.S.C. Sec. 512(c)(3) that contains substantially the following information:
  - Identify in sufficient detail the copyrighted work or intellectual property that You claim has been infringed, so that we can locate the material.
  - Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
  - Include 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.
  - Include a statement by You that the information contained in your notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner’s behalf.
  Include your name, mailing address, telephone number, and email address. You may submit your notification of Alleged Copyright Infringement by sending a letter to our designated agent by email to info@NameThatBingo.com or by mail to: Name That Bingo LLC Attn: Legal 609 Attain St. #171, Fuquay-Varina, NC 27526
12. General:
  1. Notification Procedures and Changes to the Terms. Name That Bingo may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to You via email notice, written or hard copy notice, or through posting of such notice on our App, as determined by Name That Bingo in our sole discretion. Name That Bingo reserves the right to determine the form and means of providing notifications to you, provided that You may opt out of certain means of notifications. Name That Bingo is not responsible for any automatic filtering You or your network provider may apply to email notifications we send to the email address You provide us. Name That Bingo may, in its sole discretion, modify or update these Terms from time to time, and so You should review this page periodically. When we change the Terms in a material manner, we will update the last modified date at the bottom of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Terms. If You do not agree to any of these Terms or any future terms, do not use or access (or continue to access) the Services. 2. Electronic Communications. Our communications with You via the Services use electronic means, whether You visit the Services or send us an email, or whether we post notices on the Services or communicate with You via email or text. For contractual purposes, You consent to receive communications from us in an electronic form, and You agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications would satisfy if it were in writing. 3. Entire Agreement / Severability. These Terms shall constitute the entire agreement between You and Name That Bingo concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect 4. No Waiver. No waiver of any term herein shall be deemed a further or continuing waiver of such term or any other term, and Capsule Candle’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. 5. Feedback. We may use any reports, comments, ideas and suggestions in any form regarding the Services that You provide to us (collectively, the “Feedback”). You grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate and use the Feedback in connection with any products and services. 6. Interpretation. Section headings are for reference only, and shall not be construed as substantive parts of the Terms. Each capitalized term used in these Terms shall have the meaning attributed to it in any part of these Terms. 7. Survival. You acknowledge and agree that all indemnification, confidentiality, intellectual property, governing law, dispute resolution, limitation of liability and other clauses including those provisions which by their terms contemplate survival shall survive the termination or expiration of these Terms regardless of the cause of such termination.

By visiting and/or using our App and any related websites that may exist and/or purchasing something from us, You engage in our “Service” and agree to be bound by all the Terms contained in this document without the need to provide any signature or other notice.