BindleSnitch Membership Agreement

effective as of May 31, 2019

Click here for a downloadable PDF of this article

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MERCHANTABILITY: explains that you can’t hold BindleSnitch liable if it isn’t working when you want to use it even if that costs you money. BindleSnitch is not responsible for the loss of any content you have contributed to BindleSnitch. (Keep backup copies of everything you post on BindleSnitch.) 

This website is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or otherwise. Without limitation, we disclaim any and all warranties regarding the security, reliability, timeliness, and performance of all services associated with use of the site. We make no warranty, express or implied, that your use of the site will be uninterrupted, timely, or error-free. Some jurisdictions do not allow the disclaimer of certain warranties, so portions of the above disclaimer may not apply to you.

To the extent not prohibited by applicable law BindleSnitch.com (BindleSnitch) will not be liable for any damages of any kind arising from the use of or inability to use the site. You expressly agree that your use of the site is solely at your own risk.

Under no circumstances shall BindleSnitch be liable for any direct, indirect, special, or consequential damages, including but not limited to loss of profits, income, or business opportunities, regardless of the nature of the claim or the form of action, arising out of or connected with the site (including but not limited to its operation, its contents, or the information or materials contained therein, or the use or inability to use any other site linked to the site, or any content contained in any such site, or these terms, or the privacy policy applicable to the site) even if BindleSnitch, its suppliers, or licensors have been notified of the possibility of any damages.

REGISTRATION: explains that you must be registered user to use BindleSnitch. You are personally liable if you provide false information on your application.

To utilize the Site and Services, or certain portions thereof, you may be required to complete a registration process and establish an account with BindleSnitch (“BindleSnitch Account”). You represent and warrant that all information provided by you to BindleSnitch is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.

PASSWORD AND SECURITY: You are  responsible for keeping your username and password secret

As a registered user of the Site and Services, you may receive or establish one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and BindleSnitch Account(s). You understand and agree that you a fully responsible for all actions and postings made from your BindleSnitch Account(s). Any accounts you create are not transferable. You agree to notify BindleSnitch immediately if you become aware of any unauthorized use of your BindleSnitch Account(s).

PRIVACY: BindleSnitch  respects the privacy of our users. The Privacy Notice is expressly incorporated herein by reference and made a part of these Terms.

TERMINATION: BindleSnitch can terminate your membership with or without reason without incurring any liability to you but that will only happen if a user violates the rule.

BindleSnitch reserves the right to terminate your BindleSnitch Account(s) or restrict access to your BindleSnitch Account(s), or to delete any content posted through your BindleSnitch Account(s), with or without notice, for any or for no reason, and without any liability to you.

Community Participation

BROWSING: You understand that material made available by BindleSnitch is a product of a community effort and does not necessarily represent the views of BindleSnitch. BindleSnitch assumes no responsibility for the accuracy, suitability, or completeness of any content provided.

You understand that material made available by BindleSnitch is a product of a community effort and does not necessarily represent the views of BindleSnitch. BindleSnitch assumes no responsibility for the accuracy, suitability, or completeness of any content provided.

LINKING: BindleSnitch does not and cannot review all material made available through websites linked or linking to any part of the Site.

You understand that BindleSnitch does not and cannot review all material made available through websites linked or linking to any part of the Site. You also understand that no such linking implies in any way that BindleSnitch endorses or is affiliated with any third-party website. You agree that BindleSnitch bears no responsibility or liability for any content accessed or harm caused from any third-party website.

ACTS AGAINST THE SITE/SERVICES: This section lists all of the things that you are not supposed to do. You probably have no intention of doing them but you should review this section just in case you don’t realize that you are doing something you’re not supposed to do. This section also mandates that you install anti-virus software on your computer which, of course, is something you did a long time ago, right?

You shall not attempt or engage in potentially harmful acts that are directed against the Site or Services including, without limitation, the following:

(a) Using the Site or Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party;
(b) causing, allowing, or assisting any other person to use your BindleSnitch Account(s) or impersonate you;
(c) sharing your password or login with any other person;
(d) logging onto a server or BindleSnitch Account(s) that you are not authorized to access;
(e) forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity;
(f) emulating or faking usage of the Site or Services;
(g) violating or attempting to violate any security features of the Site;
(h) using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Site;
(i) introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Site or Services;
(j) interfering or attempting to interfere with the use of the Site by any other user, host, or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” or “crashing” the Site;
(k) causing, allowing or assisting machines, bots, or automated services to access or use the Site or Services without the express written permission of BindleSnitch;
(l) tampering with the operation, functionality, or the security of the Site or Services;
(m) attempting to override or circumvent any security or usage rules embedded into the Site or Services that permit digital materials to be protected;
(n) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or breach any security or authentication measures;
(o) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Site or Services;
(p) harvesting or collecting email addresses or other contact information of other users or clients from the Site by electronic or other means;
(q) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Site or Services;
(r) engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site;
(s) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation.

PARENTAL NOTICE: This is a silly section that tells parents they can install babysitters on their computers. Since the parents in question would probably be visitors to the website rather than contributors, they probably wouldn’t ever see this notice but the lawyers say we have to put it in.

Pursuant to 47 U.S.C. Section 230(d) as amended, BindleSnitch hereby notifies you that parental control protections (such as computer hardware, software, or filter services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available on the Internet.

CONTENT: This section says that you can’t post content that violates our community standards and tells you that BindleSnitch may edit your content but does not pre-screen or review contributed content unless a complaint has been filed, in which case BindleSnitch has the right to remove your content if it violates our standards.

Content contributed to the Site should be relevant to the subject scope of BindleSnitch. Content may not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable. BindleSnitch does not censor or otherwise police it’s content except through remedial action when content violates our Community Guidelines. Please read our Community Guidelines, which are incorporated herein by reference.

BindleSnitch  may or may not edit posts and comments but does not pre-screen or regularly review any contributed content. BindleSnitch has the right (though not the obligation) to remove, without notice, any content posted which BindleSnitch considers, for any reason, to violate these Terms or to be outside the subject scope of the Services. BindleSnitch may terminate any BindleSnitch Account, with or without notice, for posting such content.

LICENSES APPLICABLE TO CONTRIBUTED CONTENT: explains that you are granting BindleSnitch an irrevocable contract to publish the content you contribute, but it also stipulates that you also have the right to republish your content.

By posting or contributing content to the Site, you are granting BindleSnitch a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Site and Services, and/or for educational or other non-commercial purposes, including, without limitation, (1) the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work, and (2) the right to sublicense any or all of BindleSnitch’ license rights to others.

THIS DOES NOT INFRINGE ON YOUR COPYRIGHT PRIVILEGES. YOU RETAIN FULL COPYRIGHT ON EVERYTHING YOU POST ON BINDLESNITCH FOR FURTHER PUBLICATION IN OTHER VENUES.

USER REPRESENTATIONS AND WARRANTIES: This section states that you warrant (which is similar to testifying under oath in court) that you are who you say you are and that you have the legal right to publish the content you submit to BindleSnitch.

By posting any content, you represent and warrant that (a) you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third-party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content, or (b) that such content is in the public domain or that your use of such content constitutes fair use. You further represent and warrant that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted content is true and your own work or work you are authorized to submit, and that the posted content does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the content you supply does not violate the Terms.

COPYRIGHT COMPLAINTS: explains how BindleSnitch regards copyright violations and how to get other people’s copyrighted content removed from BindleSnitch.

If you are a copyright owner and you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, please see our Zero Tolerance Copyright Protection Policy and  Our Version of the DMCA Take Down Process.  Both of these documents are included by reference in this agreement.

INDEMNITIES: explains that you cannot hold BindleSnitch responsible if you are sued by a third party as a result of something you posted on BindleSnitch.

You acknowledge and agree to indemnify and hold BindleSnitch and its affiliates, officers, employees and agents, harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of your use of the Site or Services, your violation of these Terms, or the infringement by you or made under your BindleSnitch Account(s), of any intellectual property or other right of any person or entity.

Compensation

HOW CONTRIBUTORS ARE COMPENSATED is about how you get paid when we turn a profit.

All BindleSnitch contributors are entitled to receive a percentage of the NET PROFIT AFTER OPERATING AND OVERHEAD COSTS HAVE BEEN DEDUCTED  on the basis of the number of unique views their articles receive each month. The compensation rate will be calculated by dividing the net profits by the total number of views received during the month for the entire website. (Please see How You Get Paid for Your Work  which is included by reference in this agreement.)

Your compensation will be calculated by multiplying the total number of views your articles received during the month by the compensation rate for that month. Members will continue to receive “royalties” on all published articles for as long as their articles continue to earn comments from visitors. Since these terms and conditions may be modified from time to time, we strongly suggest that you download and print out the terms and conditions that were applicable on the date that you joined BindleSnitch.

CORPORATE MEMBERSHIP TERMS AND CONDITIONS describes how you can become a member of the corporation.

BindleSnitch.com is currently being reorganized from a partnership into a Subchapter S corporation. A Subchapter S corporation may have up to 100 partners. Forty-nine percent of the corporation’s ownership will be set aside for the first 98 contributors who meet the criteria for Membership in the Corporation. The opportunity to become a member of the corporation will be extended to the first 98 contributors in good standing (having never been suspended for violations of the community guidelines) who have produced an average of three articles per week over a 52 week period. (Membership shares will be distributed only once, and this will take place only after all of the Corporate Members have been selected to cut down on legal fees associated with the ownership transfers.)

Upon achieving the necessary milestones, contributors who reach this level will receive one-half of one percent ownership share of the company. BindleSnitch shares will not be publicly traded and will not have any cash value. Since the entire net profits from the operation of the website will be distributed among the contributors, there will be no dividends paid to the members of the corporation.

MEMBERSHIP BENEFITS describes the benefits of membership in the corporation.

The benefits of being a member of the corporation include opportunities to be promoted to editorial or executive positions, and participation in the decision-making process in all corporate management issues. Members will also vote on decisions to remove objectionable articles from the website, suspensions of contributors for violations of the community guidelines, and terminations of contributors who continue to violate the rules and regulations governing the use of the website. Should the corporation be sold at a profit,  members would be entitled to a share of the proceeds from the sale equal to their percentage of ownership.

SELF-POLICING COMMUNITY describes how you can get voted off the island

Any member of the BindleSnitch Community can file a complaint against any other member for violations of the community standards. If the complaint is upheld by a majority vote of the members of the community, the offender will be suspended for the first offense for one week. For the second offense, the offender will be suspended for two weeks. If the offender is “convicted” of a third offense, that person will be barred from the website permanently. Any residuals due to barred members will continue to be paid as long as the former members posts continue to earn views.

Other Terms

MODIFICATIONS we reserve the right to change the rules from time to time.

BindleSnitch reserves the right to change, at any time, at our sole discretion, the Terms under which these Services are offered in the Membership Agreement (which is this document.) Whenever changes are made to the Membership Agreement a notice will be posted to that effect in the Members Area. You are responsible for regularly reviewing the Terms. Your continued use of the Site and Services constitutes your agreement to all such Terms.

TERMINATION OF SERVICE we can suspend or terminate the BindleSnitch without liability to the members.

BindleSnitch disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services or Site, or any software provided through the Site. BindleSnitch reserves the right to modify, suspend, or discontinue the Services or access to the Site without any notice at any time and without any liability to you.

SCOPE OF TERMS this agreement applies only to this website.

The Terms apply to use of and contribution to the Site and any account provided therefore. BindleSnitch may operate additional projects or services which require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein.

NO WAIVER OF TERMS says that we can bend the rules if we want to without having to do so in other cases.

Failure of BindleSnitch to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.

GOVERNING LAW AND ENTIRE AGREEMENT says that you have to sue us in Florida but don’t bother because there is nothing to sue us about.

These Terms are governed by the laws of the State of Florida, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts serving Palm Beach County in the State of Florida in the event of any dispute of any kind arising from or relating to the Site or Services, or your use or review of it. The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

(This statement was adapted from the Digital Media Law Project’s Digital Millennium Copyright Act Policy statement from their website, used under the Creative Commons license. BindleSnitch is solely responsible for its modifications to the original policy. BindleSnitch is also solely responsible for the interpretation and implementation of these policies.)

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