User Agreement

 

Welcome to Binkx!

 

The web sites which are located at the domain name binkx.com and related mobile apps available for download (collectively referred to in the remainder of this document as “Web Sites”) are owned and operated by BINKX. The Terms of Use for these Web Sites (collectively referred to in the remainder of this document as “Agreement” or “Terms of Use”) govern your access to and the use of the Web Sites and apply to all services and sub-sites available under the domain name binkx.com, as well as all text, audio, video, images, graphics, materials, online communications and other information and content that are or become available on the Web Sites (collectively referred to in the remainder of this document as the “Information”).

 

By using the Web Sites, you signify your acceptance of these Terms of Use and your acknowledgement that the information that you provide, directly or indirectly, through the Web Sites will be managed in accordance with the BINKX Privacy Policy. If you are a BINKX  Associate selling our services (collectively referred to in the remainder of this document as “Associates”) your use of the Web Sites also constitutes your acceptance of the Terms and Conditions for Associates participating in the business opportunity offered by BINKX, which can be found at the end of this document.

 

If we refer to “you” in the following paragraphs, we may be referring to an Affiliate or a customer (collectively referred to in the remainder of this document as “User”). We’ll do our best to clarify who we are referring to at various points in the policy and include a dedicated section for Affiliates at the end.

 

IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEB SITES.

 

Solicitation or Offer. The Web Sites are designed to provide general information about BINKX, its services and the opportunity to sell these services. The Web Sites further provide authorized users access to the BINKX services and the back office to manage the sales of these services. Any service offered may be discontinued at any time. For more information about our services and the unique opportunity that exists within the financial service industry, please consult a BINKX associate.

 

While BINKX in cooperation with 3rd parties provides users with payment solutions, BINKX is not a financial institution. Use of the Web Sites does NOT create a bank-client relationship.

 

User Eligibility. The Web Sites should only be accessed and used by individuals who are at least 18 years of age and agree to be bound by this Agreement. The Web Sites may be accessible worldwide; however, at the current time, the Web Sites are intended for use only in the USA. If you access/use the Web Sites from outside the USA, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access/use the Web Sites. Binkx makes no representation that materials on the Web Sites are appropriate or available for use in locations outside of the USA, and accessing them from territories where their contents are illegal is prohibited.

 

Changes to Terms of Use. BINKX reserves the right, in its sole discretion, to revise, change, or modify this Agreement at any time. Notice of any change may be given in any manner we choose that complies with law, including, but not limited to posting a notice of such changes on the Web Sites. We encourage all users of this site to review this page periodically for the most recent version of this Agreement. Any use by a user of the Web Sites following notice of such changes shall be deemed to constitute acceptance by that User of those changes to the Terms of Use.

 

Trademarks. The trademarks, service marks and logos used and displayed on the Web Sites are copyrighted, registered and unregistered trademarks of BINKX, unless otherwise noted. Nothing on the Web Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Sites.

Any software / application made available to download from the Web Sites are also owned or licensed by BINKX and are subject to United States and international copyright, trade secret, trademark and other laws protecting intellectual property. Use of the software / application is governed by the terms of this agreement, unless acceptance of a different license agreement is required prior to downloading the software / application. Any reproduction or redistribution of the software / application not in accordance with the License Agreement is expressly prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying or reproduction of the software / application to any other server or location for further reproduction is expressly prohibited. The software / application is warranted, if at all, only in accordance with the terms of the License Agreement. BINKX HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. You acknowledge that any software / application available or provided to you on the Web Sites may contain technology that is subject to strict controls by various agencies of the United States Government pursuant to United States export control laws and regulations. You hereby agree that you will not transfer or export such software / application from the United States or re-export such software / application outside the United States in violation of United States export laws and regulations. BINKX does not authorize the downloading or exportation of any software or technical data from the Web Sites to any jurisdiction prohibited by the United States export control laws and regulations.

 

3rd Party Content & External Links: BINKX may display and distribute content and Information supplied by third parties on the Web Sites. In this case, BINKX does not guarantee the accuracy, completeness or usefulness of, or endorse, the content. Any opinions, advice, statements, services, offers or other content expressed or made available by third parties, including, without limitation, information providers or any other user of the Web Sites, are those of the respective author(s) or distributor, and not BINKX.

 

The Web Sites may provide links to other web sites or resources which are not maintained or controlled by BINKX (collectively referred to in the remainder of this document as “Linked Sites”). BINKX is at no time responsible for the content of those Linked Sites. The inclusion of any hyperlinks to Linked Sites does not imply approval of or endorsement by BINKX of those Linked Sites, or any content, products and services offered on those Linked Sites. BINKX expressly disclaims any responsibility for the content, copyright compliance, accuracy of the information and/or the quality of goods or services provided by or advertised on any Linked Sites, and in no event shall BINKX be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods or services available on any Linked Sites. Any concerns regarding any Linked Sites should be directed to that respective web site, rather than BINKX. You are cautioned to read the terms of use and privacy polices provided on any Linked Site before using the Linked Site.

 

Ownership and License. The Web Sites and the Information, computer code, and related functionality, featured or otherwise displayed on the Web Sites are owned by BINKX exclusively. However, we grant Users a limited, non-exclusive, non-transferable license to use the Web Sites in strict accordance with this Agreement and the instructions provided by us on the Web Sites, as well as in official company materials. Associates are further allowed to distribute all services in accordance with this Agreement and the Policy and Procedures. 

Neither Users nor Associates are allowed to copy, modify, republish, or create derivative works from anything obtained from the Web Sites, including anything downloaded from the Web Sites. You may not remove, obscure, or otherwise deface proprietary notices appearing on the Web Sites, or any content or Information. Any unauthorized use of the Web Sites or its contents may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

 

Restrictions on Use. As a condition of your use of the Web Sites, you warrant to BINKX you will not use the Web Sites for any purpose that is unlawful or prohibited. You may not use the Web Sites in any way that could damage, disable, overburden or impair the Web Sites or interfere with any other party’s use and enjoyment of the Web Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the BINKX Sites. This includes without limitation the following activities: Provide false or misleading registration information, disclose your username or password to anyone else, or use an account, username, password, or personal information of another user; Harvest or collect information about any users of the Web Sites; Transmit or facilitate the transmission of any “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming” in connection with the Web Sites; Use any robot, spider, site search/retrieval application or automatic device to retrieve, index “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Web Sites or any content or Information of the Web Sites; Modify the Information, content, programs or other materials on the Web Sites or hack into or access the BINKX servers or Web Sites in an unauthorized manner; Frame or mirror any part of the Web Sites; Reverse engineer, decompile, disassemble, translate or otherwise alter any portion of the Web Sites; Upload or input to the Web Sites any information that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept, or expropriate any portion or system of the Web Sites.

You agree that your use of the Web Sites may be suspended or terminated immediately upon receipt of any notice which alleges that you have used the Web Sites in violation of these Terms of Use and/or for any purpose that violates any local, state, federal or law of the USA or other jurisdictions, including, but not limited to, the posting of information that may violate third party rights, may defame a third party, may be obscene, may harass or assault others, or may violate any laws, rules or regulations, including, hacking or other criminal regulations.

You understand that actions in violation of these Terms of Use may subject you to serious civil and criminal legal penalties and BINKX reserves the right to pursue penalties and other remedies to the fullest extent of the law to protect our rights.

 

Passwords and Security. Certain aspects of the Web Sites may require registration and are password protected. You agree that if you are issued a username and password in connection with access to or use of any of the Web Sites, you are responsible for keeping such information secret and strictly confidential. All users accept responsibility for all activities that occur under their respective username and/or password, including, without limitation, all communications, submissions or financial obligations. All users are further responsible for changing their password if they believe that password or user name have been lost, stolen or might otherwise been misused. You agree to notify us immediately of any unauthorized use of your username or password or if any other breach of security is suspected by you.

 

DISCLAIMER OF WARRANTIES. BINKX MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEB SITES, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH THE WEB SITES, OR ANY SERVICES RECEIVED THROUGH THE WEB SITES. ALL INFORMATION AND USE OF THE WEB SITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. BINKX HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE WEB SITES, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE WEB SITES AND ANY SERVICES RECEIVED THROUGH THE WEB SITES, INCLUDING ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BINKX DOES NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEB SITES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEB SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEB SITES ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. YOUR USE OF THE WEB SITES IS SOLELY AT YOUR OWN RISK. USER EXPRESSLY AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. SHOULD USER PURCHASE A BINKX PRODUCT FROM BINKX OR AN ASSOCIATE, THE TERMS AND CONDITIONS OF SALE APPLICABLE TO THAT TRANSACTION WILL GOVERN SUCH PURCHASE AND USE OF THE WEB SITES DOES NOT AFFECT THAT PURCHASE IN ANY MANNER. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.

 

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL BINKX BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM, OR ARISE OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEB SITES, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE WEB SITES, OR ANY SERVICES RECEIVED THROUGH THE WEB SITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF BINKX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BINKX’s LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF YOUR JURISDICTION.

 

Indemnification. You agree to defend, indemnify and hold harmless BINKX, its Associates and all of their respective directors, officers, employees, representatives etc… from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorney’s fees and litigation expenses) relating to or arising from your use of the Web Sites and the offered services, any breach by you of these Terms of Use, your negligent or intentional acts, errors or omissions in regard to the subject matter of these Terms of Use, or your failure to comply with applicable laws in your use of the Web Sites and offered services.

 

Submissions. We do not accept or consider creative suggestions, ideas or other materials other than those BINKX has specifically requested. If, despite our request that you not send us any creative materials, you send us comments, suggestions, ideas, concepts, drawings, pictures or other materials (collectively referred to in the remainder of this document as “Submissions”), the Submissions shall be deemed, and shall remain, the property of BINKX. None of the Submissions shall be subject to any obligation of confidentiality on the part of BINKX or its Associates, and neither BINKX nor any of its Associates shall be liable for any use or disclosure of any of the Submissions. Without limitation of the foregoing, BINKX shall exclusively own all now known or hereafter existing rights to the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, in any form of media, now known or hereafter created or perfected, without compensation or attribution to the provider of the Submissions.

 

Changes to Web Sites. BINKX shall have the right at any time to change or discontinue any aspect or feature of the Web Sites, including, but not limited to, content, hours of availability and equipment and/or software required for access or use of the Web Sites or any portion of the Web Sites and the offered services.

 

Termination. We reserve the right to terminate a User’s use of the Web Sites and any related Services at any time without notice. Without limiting the foregoing, we shall have the right to immediately terminate these Terms of Use with any User without notice or to terminate or suspend access by that User to the Web Sites or related Services, cancel any orders, if applicable, placed by that User if, in BINKX’s sole discretion, the User breaches any term or provision of these Terms of Use or fails to comply with any instructions posted on the Web Sites. The provisions of the following Sections shall survive termination or expiration of this Agreement: External Links, Disclaimer of Warranties, Limitation of Liability, Indemnification, Choice of Law and Forum, Termination, and Software Licenses.

Inactivity Clause. If a user has not used BINKX for it's intended purpose including and limited to transfer of funds to other users, selling or buying of funds, depositing or withdrawing funds, for a period of 365 days, a period of time equal to one calender year, then their account will be deemed inactive and closed without any written, verbal,  formal or informal notice and funds currently in the account will become the property of BINKX without any refund of any funds in perpetuity (funds being BTC, USD, or any other form of monies, cryptocurrency that Binkx may use now and in the future).

Jurisdiction. The materials on the Web Sites are presented solely for the purpose of promoting the BINKX services and the opportunity currently available in the USA. THE PRODUCTS PROMOTED ON THE WEB SITES ARE NOT FOR SALE OUTSIDE THE USA. BINKX makes no representation that materials contained on the Web Sites are in compliance with the laws of jurisdictions outside of your country of residence. Individuals who choose to access the Web Sites from countries outside of their country of residence do so on their own initiative and for information purposes only.

 

Choice of Law and Forum. The Web Sites are controlled by BINKX from its offices within the State of California in the USA. To the fullest extent permitted by applicable law, these Terms of Use and any actions or claims arising out of or in relation to these Terms of Use or the use of the Web Sites will be governed by and construed in accordance with the statutes and laws of the State of California, without regard to its conflicts of laws principles. Except where prohibited by law, any claim or dispute shall be subject to the sole and exclusive of the federal and state courts in Los Angeles County, California, and you hereby consent to the personal jurisdiction of those courts and waive any and all jurisdictional and venue defenses otherwise available. Any legal proceedings shall be conducted in English.

 

Miscellaneous. If any provision of these Terms of Use is held to be unlawful, void or unenforceable for any reason, that provision will be deemed severable and shall not affect the validity or enforceability of any other provision. These Terms of Use constitute the entire agreement between you and BINKX regarding your use of the Web Sites and related services offered on these Web Sites.

Additional Terms and Conditions for BINKX Associates. Upon acceptance as an Associate by BINKX, the Associate is entering into an agreement with BINKX (collectively referred to in the remainder of this document as “Associate Agreement) and authorized to distribute the company’s services for one calendar year. BINKX will automatically renew the Associate Agreement annually by debiting the Associate’s account, unless the Associate notifies BINKX in writing prior to the anniversary date that he/she desires to cancel the Associate Agreement.

BINKX reserves the right to accept or reject any Associate application for any reason, in accordance with BINKX Policies & Procedures.

Associates are independent contractors. Associates are not an agent, employee, or legal representative of his/ her sponsor or BINKX, and will in no way represent him/herself as such. As such, Associates have no power to bind BINKX to any obligation and Associates are responsible for all applicable income, sales, social security, unemployment or other tax, license, or fee arising out of Associate’s activities hereunder.

Associates have the duty to supervise and train any Associates that he/she may sponsor.

Associates will explain the BINKX’s business opportunity honestly and completely when presenting to others. Associates understand and will make clear in any presentation the following: that no earnings are guaranteed by BINKX; that no Associate will earn money solely for sponsoring; that commissions are based on sales of BINKX services and transactions related to the sales of these services; that there are no exclusive territories for Associates in the program.

Any sale or assignment of this Associate Agreement must be approved by BINKX.

Associates have the right to cancel their Associate Agreement at any time and for any reason. If you choose to cancel your Associate Agreement, simply notify BINKX in writing. Should you decide to cancel within 30 days of entering the Associate Agreement, you will receive a full refund for your BINKX product purchase minus respective processing fees. Transactions made through the BINKX app will not be refunded.

Associates are free to participate in other multilevel marketing ventures, but may not sell or promote to other Associates similar or competitive products or services.

BINKX reserves the right to cancel any Associate Agreement at any time if the Associate violates the Associate Agreement, the Terms of Use, the company’s Policies & Procedures or the Compensation Plan.

With the registration the Associate agrees to be bound by this Associate Agreement, the BINKX Compensation Plan, the Policies & Procedures and the Terms of Use. BINKX reserves the right to change the compensation plan, the Policies & Procedures, and the Terms of Use in its sole discretion, and the Associate agrees to be bound by such changes. If you do not consent to the above, please cancel your request for registration, and by so doing you will not be able to complete your online transaction.