Last Updated: April 15, 2023
These terms of service (the “Terms”) are a legal agreement between you (“Registered User” or “Visitor”, together “you”) and BOND, Inc. (BOND, we, us, or our). These Terms of Service specify the terms under which you may access and use our platform (the “Services”) to view curated content or live-stream video content (each, a “Show”).
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Your use of the Service and/or your registration with us constitutes your agreement to these Terms. These Terms are subject to change at any time, without prior notice. Any changes that are made to these Terms will not apply retroactively and will not apply to disputes or events occurring before the change is published. You are responsible for reviewing these Terms on a regular basis. These Terms apply to all Visitors and Registered Users who access our Services.
These Terms also include information as to your responsibilities, how you, and BOND may change or end our agreement, what to do if there is a problem and important information about legal rights.
You understand that by using the Services, you give consent to the collection, use and disclosure of your personally identifiable information as well as any non-personally identifiable information, as described in more detail in our Privacy Notice.
1. GENERAL DESCRIPTION OF SERVICES
(a) The Services provide a platform where selected artists, celebrities or influencers (“Creators”) can promote certain products and items (“Items”) on behalf of the sellers or vendors (“Merchants”) and from which you can purchase such items directly from the Merchants. For avoidance of doubt, your purchases of Items will be from Merchants directly and not from BOND.
(b) Our Services have several types of users:
i. Visitors. Visitors to our Services, as the term implies, are people who find the Services by following Creators on social media, via a landing page embedded in video, advertisement or other content that you find on the Internet, or via general search on the Internet. Visitors who explore the Services for informational purposes may not be able to engage in the full functionality of the Services.
ii. Registered Users. In order to purchase Items from a Merchant via the
Services, you must establish an account with BOND. BOND is under no obligation to accept any individual or entity as an account holder and may accept or reject any registration in its sole and complete discretion.
2. ACCOUNTS. To create an account, you or your authorized representative will be prompted to create a password and username (“BOND User ID”) and perhaps to provide certain additional information as that will assist in authenticating your identity when you log-in in the future (collectively “Login Credentials”). You may not transfer your account to anyone else without our prior written permission. You represent that all information that you submit to create an account is truthful, accurate and complete. Each BOND User ID and corresponding password can be used by only one individual. You are responsible for maintaining the confidentiality of your account Login Credentials. You are fully responsible for all activities that are associated with your account, including but not limited to any Orders (defined below), use of the Services, or communications from your account to BOND. You agree to notify us immediately of any unauthorized use or suspected unauthorized use of your account or any other breach of security. We reserve the right, in our sole and absolute discretion, to deny you access to the Services, or any portion of the Services, including by closing or disconnecting your account, without notice and without reason.
You must be at least 13 years old to use the Services. If you are under the age of majority in your state of residence (a minor), your parent or legal guardian must agree to these Terms on your behalf, and you may only access and use the Services with permission from your parent or legal guardian. We may delete and terminate your account without warning if we believe that you are under the age of 13.
In addition, BOND reserves the right, in its sole and absolute discretion, to deny you access to the Services, from viewing Shows, from commenting on Shows, or from placing Orders. BOND reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof. You are free to stop using the Services at any time.
4. YOUR FEEDBACK, POSTS AND OTHER SUBMISSIONS
We welcome your comments and feedback regarding the Services. BOND, however, does not accept confidential or proprietary information. Accordingly, all comments, feedback, suggestions, ideas, materials, and other submissions disclosed, offered or submitted to BOND via the Services or otherwise (collectively “Feedback”) are not confidential. You hereby grant to us an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to exploit the Comments in any manner and for any purpose, including to improve the Services and create other products and services, without compensation or attribution to you. Visitors and Registered Users may be able to post remarks in and on a Live Stream (each, a “Post”). BOND aims for the Services to be a safe and productive community for Creators and you to interact and shop in an inclusive, fun and safe way. We reserve the right to suspend or terminate any account, as well as pause and remove any Post that we deem to negatively impact the community. You are solely responsible for the contents of your Posts and the consequences of providing Posts on a Live Stream. You agree that BOND and its third-party service providers are not responsible for and shall have no liability to you with respect to any Posts. By providing Posts via the Services, you affirm, represent and warrant that:
You may place orders to buy Items from Merchants through the Services (each, an “Order”). Payment is due immediately upon placing an Order. Upon receipt of payment and acceptance of your Order, the applicable Merchant will send an email confirmation to you acknowledging its acceptance of your Order. You agree that by placing an Order through the Services, you are entering into a binding contract with Merchants and agree to pay all charges that may be incurred by you or on your agent, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Order. Your total price will include the price of the Item(s) plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the Item(s). You acknowledge and agree that each Merchant is the seller of record with respect to your Orders and purchases of Items, and that each Merchant shall be solely responsible for the fulfillment of all orders for that Merchant’s Items. Merchant shall also be solely responsible for handling all returns and refunds and fulfillment of all warranty service and other customer service obligations in accordance with Merchant’s policies as communicated to you by Merchant.
6. INTELLECTUAL PROPERTY RIGHTS
The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, BOND and our licensors exclusively own all right, title, and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services. The Services contains material, such as Shows, software, text, graphics, images, and other material provided by or on behalf of BOND (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. BOND and its licensors retain all right, title, and interest, including all intellectual property rights, in and to the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.
The trademarks, service marks, and logos of BOND (the “BOND Trademarks”) used and displayed on the Services are the registered and unregistered trademarks or service marks of BOND. Merchants’ and other companies’ products and service names located on the Services may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with the BOND Trademarks, the “Trademarks”). Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of BOND Trademarks inures to the benefit of BOND.
Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
7. USAGE RIGHTS AND RESTRICTIONS
Subject to the terms and conditions of these Terms, BOND grants you a limited, non-transferable, non-exclusive, license to access and use the Services solely for your personal purposes. BOND may terminate this license at any time for any reason. Further, when using or accessing the Services, you agree that:
(a) You will comply with all applicable laws in your use of the Services and will not use the Services for any unlawful purpose;
(b) You will not access or use the Services to collect any market research for a competing business;
(c) You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) You will not interfere with, or attempt to interrupt the proper operation of, the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any Content, data, files, or passwords related to the Services through hacking, password or data mining, or any other means;
(e) You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services;
(f) You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Services;
(g) You will not use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission;
(h) You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
(i) You will not allow anyone to access and use your Login Credentials or account;
(j) You will not resell, distribute, or sublicense the Services or use it for the benefit of anyone other than you or your business;
(k) You will not remove or modify any proprietary markings or restrictive legends placed on the Services; and
(l) You will not introduce, post, or upload to the Services any Harmful Code. As used herein, “Harmful Code” means computer code, programs, or programming devices that are intentionally designed to disrupt, modify, access, delete, damage, deactivate, disable, harm, or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of the Services, or any other associated software, firmware, hardware, computer system, or network (including, without limitation, “Trojan horses,” “viruses,” “worms,” “time bombs,” “time locks,” “devices,” “traps,” “access codes,” or “drop dead” or “trap door” devices) or any other harmful, malicious, or hidden procedures, routines or mechanisms that would cause the Services to cease functioning or to damage or corrupt data, storage media, programs, equipment, or communications, or otherwise interfere with the operations of the Services.
8. COPYRIGHT INFRINGEMENT/DMCA
BOND responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to the process set out in the Digital Millennium Copyright Act. If you believe that your work has been copied or used in the Services in a way that constitutes copyright infringement, please send (i) a description of the copyrighted work that has been infringed and the specific location on the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest to the Copyright Agent named below:
9. COMMUNICATIONS DECENCY ACT NOTICE
BOND is a provider of “interactive computer services” as defined under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation, libel, product disparagement, and other claims arising out of any Shows, Posts or Feedback (collectively, “Third Party Content”) is limited as described therein. We are not responsible for any Third Party Content. We neither warrant the accuracy of the Third Party Content nor exercise any editorial control over Third Party Content. We do not we assume any legal obligation for editorial control of Third Party Content or liability in connection with Third Party Content, including any responsibility or liability for investigating or verifying the accuracy of any Third Party Content. Notwithstanding the foregoing, BOND reserves the right to take down or remove any Third Party Content at any time.
10. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY and DAMAGES LIMITATIONS
The Services, Shows, and all content and other information on or accessible from or through the Services are provided by BOND on an “as is” and “as available” basis without warranty of any kind, either express or implied. BOND expressly disclaims all warranties, express or implied, regarding the Services, the content, and all Items offered by Merchants through the Services, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy, and any warranties arising from course of dealing, course of performance, or usage of trade.
Without limiting the generality of the foregoing, BOND does not warrant that: (1) the information on the Services is correct, accurate or reliable; (2) the functions contained on the Services will be uninterrupted or error-free; or (3) defects will be corrected, or that the Services or the servers that make them available is free of viruses or other harmful components.
You understand that BOND does not manufacture, store, or inspect any of the Items sold or offered for placement through our Services. The Items are produced, listed, sold, and offered directly by Merchants, and, accordingly, BOND cannot and does not make any warranties about their quality, safety, or even their legality. As a buyer, any legal claim related to an Item you purchase through the Services must be brought directly against the Merchant or manufacturer of an Item. You hereby release BOND from any claims related to Items advertised through our Services, including for defective items, misrepresentations by Merchants, or Items that caused physical injury (product liability claims).
In connection with any warranty, contract, or common law tort claims: (i) BOND shall not be liable for any incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use or inability to access and use the Services, any Item(s), or any content on the Services, even if we have been advised of the possibility of such damages; and (ii) any direct damages, not attributable to personal injuries, that you may suffer as a result of your use of the Services or the content shall be limited to one hundred United States dollars ($100 USD). BOND shall not be liable for direct damages that you may suffer as a result of your or any third party’s purchase or use of any Items. Some states and jurisdictions do not allow the exclusion of certain warranties or limitation of certain liabilities and therefore, some of the above limitations in this section may not apply to you. Nothing in these Terms shall affect any non-waivable statutory rights that apply to you.
11. COMPLIANCE WITH APPLICABLE LAWS.
The Services are based in the United States. We make no claims concerning whether the Services are accessible, or whether Shows and other content on the Services may be downloaded, viewed, or be appropriate for use, or whether you may purchase Items from outside the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
12. CHOICE OF LAW, JURISDICTION AND VENUE
These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions. You agree that: (i) the Services shall be deemed solely based in New York; and (ii) the Services shall be deemed a passive web site and do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York state.
13. BINDING ARBITRATION.
In the event of a dispute arising between you and BOND under or relating to these Terms or the Services (and not a dispute between you and a Merchant or you and a Creator) (each, a “Dispute”), either you or BOND may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER YOU OR BOND CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by you and BOND, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each of you and BOND will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the county of New York in New York State. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 15 (Equitable Relief) below, nothing in these Terms prevent BOND from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
14. CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
15. EQUITABLE RELIEF
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms. We may, without waiving any other remedies under these Terms, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in New York City, NY for purposes of any such action by us.
16. DISPUTES BETWEEN AND AMONG USERS.
If there is a dispute between or among Visitors, Registered Users or other users (collectively, “Users”) of the Services, you agree to initiate the dispute with BOND directly. BOND will take steps to mediate the Users’ dispute in its sole, reasonable discretion. BOND will keep each party updated as to the status of disputes by messaging the parties through the accounts on the Service. Notwithstanding BOND’s good faith efforts, some disputes may not be resolved in a manner that satisfies all parties. BOND’s decision with respect to all disputes is final. In the event that you have a dispute with one or more other Users, you release BOND, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
17. EXTERNAL SITES
The Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
18. DOWNLOADING THE SHOP APP
We make the BOND mobile app (the “BOND App”) available through the Apple App Store and similar third-party distribution channels (each, a “Distribution Channel”). You acknowledge that each Distribution Channel has no obligation whatsoever to furnish any maintenance and support services to you with respect to the BOND App.
18 (a). Apple Store. The following terms apply when you download the BOND App from Apple’s App Store. These terms are in addition to all other terms contained herein.
You acknowledge and agree that (i) these Terms are an agreement between you and BOND only, and not Apple; and (ii) BOND, not Apple, is solely responsible for the BOND App and content thereof. Your use of the BOND App must comply with the App Store Terms of Service. In the event of any failure of the BOND App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the BOND App to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the BOND App. As between BOND and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of BOND. You acknowledge that, in the event of any third-party claim that the BOND App or your possession and use of the BOND App infringes that third party’s intellectual property rights, as between BOND and Apple, BOND, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the BOND App, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the BOND App against you as a third-party beneficiary thereof.
(a) Modifications to the Agreement
These Terms are effective as of the last updated date stated at the top. We may change these Terms from time to time and re-post such modified terms on the Services. By accessing the Services after we make any such changes to these Terms, you are deemed to have accepted such changes. Please refer back to these Terms on a regular basis.
(b) General Provisions
Except where expressly agreed in these Terms, each party is responsible for its own expenses and costs in connection with its performance of our agreement. Each party is solely responsible for its employees and contractors used in connection with these Terms. No failure or delay by BOND in exercising any right or remedy under these Terms will operate, or be deemed to operate, as a waiver of any such right or remedy. If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, that provision will be amended, and the remainder of the Terms will remain in full force and effect.
Headings are for convenience only and shall not be used to limit or interpret the meaning of any of the provisions of these Terms. These Terms constitute the final and complete agreement between you and BOND regarding the subject matter hereof, and supersede any prior or contemporaneous communications, representations, or agreements between us, whether oral or written, including, without limitation, any confidentiality or non-disclosure agreements. Provisions which by their nature are intended to survive indefinitely shall survive and shall apply to you even if you have canceled your account or stopped using the Services, including, without limitation, disclaimers of warranty, damages disclaimers, limitations of liability, choice of law, jurisdiction and venue, arbitration and dispute resolution provisions, and Section 19 (“General”).