Welcome to Binkx!
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.
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.
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.
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.
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.
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.
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.
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.