terms & conditions
BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THEM, AND YOU ARE 18 YEARS OR OLDER.
These Terms of Use (“Terms”) set forth the terms and conditions governing your use of the goodbyn.com website (the “Site”), and are in addition to any executed agreements you may have with Byndoo LLC (“we” or “us.”)
Login ID and Password. You will maintain the confidentiality of your login ID and password. You will not give anyone else access to the Site using your login ID and password.
Ownership and Nondisclosure. The Site contents are our property. Except as provided below, you will not change, copy, distribute, retransmit, disseminate, sell, publish, broadcast or circulate any Site contents.
Compliance with Laws. You will not use the Site to post or transmit any content that: (1) is unlawful under the laws, statutes, ordinances, or regulations (“Laws”) of any jurisdiction to which you or we are subject; (2) promotes activity that is unlawful under the Laws of any jurisdiction to which you or we are subject; (3) is harmful, threatening, advocating violence, harassing, defamatory, invasive of the privacy of another, or obscene or abusive, all as determined by us in our sole discretion; (4) includes any proprietary or confidential information; (5) infringes any patent, trademark, trade secret, copyright, publicity right or other intellectual property right; (6) is false, deceptive or misleading, including without limitation the use of forged headers or otherwise manipulated identifiers; (7) contains or transmits any computer programs or routines that damage, interfere with, intercept or expropriate any system, data or personal information. The foregoing list is not exhaustive of types of activity or content we may deem inappropriate for the Site, in our sole discretion.
You may be able to submit profile tags or photos to appear with postings on our site. Tags or photos depicting celebrities, people in the news, politicians, world leaders, or criminals are not permitted. Tags and profile photos are subject to the restrictions in this Agreement, and may not be used to impersonate or violate the privacy of another person.
Restrictions on Activities. You will not use the Site for any activity that: (1) is commercial, including buying, selling, offering, advertising, or helping another to buy, sell, offer or advertise any goods or services; (2) involves gaining unpermitted access to other computers or networks through hacking or other means, or the unpermitted use of the username or password of another; (3) tries to decipher, decompile, disassemble, or reverse engineer any of the software that comprises or is used as part of the Site, or succeeds in doing so; (4) automates your use of the Site, including using scripts for any purpose; (5) interferes with the operation of the Site or places an undue burden on it; (6) requests money for your or any charity, petitions for signatures, or solicits others to join you in any business opportunities (including offers of employment or contracting arrangements); (7) solicits members for financial, investment, or other clubs; (8) constitutes a chain letter; (9) is related to a multi-level marketing or pyramid scheme; or (10) falsely suggests a partnership, affiliation, sponsorship or other endorsement by us.
Your Representations. You are responsible for maintaining the confidentiality of your password, user login ID, email addresses, contact information and other information. This information will be used and stored subject to our Privacy Policy, located here. You represent and warrant to us that you are either the owner of any content posted under your username and password on the Site, or that you have all the rights necessary to grant the license set out in Section 6 of these Terms.
License to Content. When you post any content to the Site, you grant us a perpetual, worldwide, non-exclusive, fully paid, royalty-free, sublicensable, and transferable license to use, distribute, reproduce, modify, adapt, and publicly display or perform such content on the Site. You may terminate the license to any particular content by deleting it from the Site, but you acknowledge that we may retain archived copies.
Copyrights and Trademarks. Other than content posted by users, all content on this Site is the property of us or our licensors, and is protected by U.S. and international laws. The name Goodbyn and the Goodbyn Logo are our trademarks, and may not be used in connection with the products or services of others in any manner that is likely to cause confusion. All other marks not owned by us that appear on this Site are the property of their respective owners.
Copyright Notice and Takedown. If you are a copyright owner and you believe your work has been copied and used improperly on the Site, please contact our copyright compliance officer. Please provide the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the location of the alleged infringement on the Site; (3) your contact information including address, telephone number and e-mail address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner. Contact our copyright compliance officer at:
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
THE SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF WE ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR ANY OTHER SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. THE PARTIES INTEND THAT THIS LIMITATION SHOULD APPLY EVEN IF IT CAUSES ANY WARRANTY TO FAIL OF ITS ESSENTIAL PURPOSE. Notwithstanding the foregoing, our potential liability to you for any cause and under any legal theory will be limited to $100.
Termination of Site. We reserve the right at any time and from time to time to modify or discontinue the Site (or any part thereof), temporarily or permanently, without notice to you. We are not responsible for any resulting loss of data, content or communications.
Termination of Access. We reserve the right to terminate your access to the Site without notice for any reason.
Limitation of Liability. Under no circumstances, including but not limited to negligence, will we be liable for any direct, indirect, incidental, special or consequential damages that result from your use of, or inability to use, the Site.
Indemnification. You will indemnify, defend and hold harmless us and our partners, officers, employees and agents from and against any claims, demands, damages, causes of action, losses and liabilities as well as attorney fees, arising out of or in connection with your violation of these Terms or the use of the Site.
Venue and Governing Law. We control this Site from our offices in the State of Washington, USA. This Agreement, your rights and obligations, and all actions contemplated by this Agreement will be governed by and construed in accordance with the laws of the State of Washington and applicable federal laws, without giving effect to any principles of conflicts of law. By accessing the Site, you agree that, in the case of a dispute, both we will submit to the exclusive personal jurisdiction of and venue in the Superior Court of King County and the United States District Court for the Western District of Washington.
Waiver. Any failure by either party to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of the same or any other provision or right in the future. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms or future performance of that provision.
Modification. If we need to make a material modification to these Terms, we will provide notice to you by posting on the Site or by e-mailing you at the e-mail address you have provided. If you do not agree to the proposed changes, you may (as your sole remedy) discontinue your use of the Site.
Non-Transferability. You may not sell, assign or otherwise transfer any of your rights or obligations under these Terms to anyone.
Severability. If any provision in these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
Entire Agreement. These Terms constitute the entire agreement and understanding between you and us. These Terms supersede all prior communications, representations, understandings, negotiations and discussions, written or oral, between you and us regarding the subject of these Terms.
