Terms of Service

Last revised October 31, 2016

We would like to thank you for using BANNDA Social Meeting Network. By entering, registering, browsing and/or using the BANNDA website (“Site”), mobile device application (“BANNDA” App), and any other mobile or web services or applications owned and/or offered by BAD BOYS by ronio SL. (collectively describe as the “BANNDA Services”), you acknowledge that you have read and agree to be bound by these Terms of Service (“Terms”).

If you do not agree to these Terms, then please stop using the BANNDA Services immediately!

BAD BOYS by ronio SL., reserves the right to change these Terms at any time. And By entering, registering, browsing and/or using any BANNDA Services after the Terms of service update have been posted, you agree to be bound by the updated Terms as well.
In addition to the Terms, the BAD BOYS by ronio SL. Privacy Policy determine your access and use of the BANNDA Services.

1. USAGE LICENSE

Subject to your agreement and oblige with the Terms in every single material regard, BAD BOYS by ronio SL. permits you a constrained, non-transferable, non-sublicensable, non-selective, revocable permit to: (a) access and see pages from the BANNDA Services for your own, non-business utilize only ;and (b) use and make a limited number of copies of information and materials available on BANNDA Services for your own personal, non-business use only. Either it is in order to learn more about the products and services of BANNDA Services and BAD BOYS by ronio SL. or to otherwise communicate with BAD BOYS by ronio SL.

Any copies made by you must maintain without modification any and all copyright notices and other proprietary marks. The pages and content on BANNDA Services may not be copied, modified, distributed, published, or transmitted in any other manner, including use for creative work and/or to sell and/or promote other products.
Violation of this restriction may result in infringement of intellectual property and contractual rights of BAD BOYS by ronio SL. which is prohibited by law and could result in substantial civil and criminal penalties.

Your entrance and use of the BANNDA Services must comply with all instructions and guidelines posted on the BANNDA Services platforms (including, but not limited to: site, app, email, etc’).

Your entrance to and use of the BANNDA App is further subject to the applicable end user license agreement for such application.

BAD BOYS by ronio SL. reserves the right to end your license of using the BANNDA Services at any time and for any reason, including, but not limited to, violation of these Terms and/or the Guidelines.

2. QUALIFICATION TO USE BANNDA SERVICES

BANNDA Services is not intended for children under the age of 18 or the age of majority in your jurisdiction, whichever is greater. If you are under the age of 18, you are not permitted to enter and or use any of the BANNDA Services. It is on your responsibility to confirm that the use of the BANNDA Services is allowed under the applicable laws and regulations where you use the BANNDA Services. you therefore understand, agree and oblige with these age requirements and able to comply with these Terms by law.

3. NO WARRANTY AND LIMITATION OF LIABILITY

BAD BAD BOYS by ronio SL. provides the BANNDA Services on an “as is” and “as available” basis, BAD BOYS by ronio SL. and it’s investors, partners, affiliates and subsidiaries and each of their investors, officers, directors, managers, employees, interns, agents, mandataries, partners and licensors (the “BAD BOYS by ronio SL. parties”)

Disavow and disclaim all warranties and conditions of any kind, whether express, implied, or arising from statute, or statutory, usage of trade, course of dealing, or otherwise, including, but not limited to, the implied warranties of merchantability, interoperability, non-infringement, fitness for particular purpose, integration or quiet enjoyment.

The BAD BOYS by ronio SL. parties make no representations or warranties about the precision or completeness of the data contained on the BANNDA Services. the BAD BOYS by ronio SL. parties do not warrant that the elements of the BANNDA Services will be uninterrupted or mistake free, that imperfections will be amended, or that the BANNDA Services or the servers that allow The BANNDA Services accessible will be free of viruses or other harmful components and destructive parts.

You understand and agree that you use the BANNDA Services at your own discretion and risk and of your own free will. you understand and agree that you will be the only responsible for any damages that might arise from such use. under no circumstances will the BAD BOYS by ronio SL. parties be liable for any indirect, incidental, special, consequential or punitive damages of any kind, or any other damages whatsoever (including by negligence), including without limitation, damages related to use, reliance on, inability to use, misuse, and interruption, suspension, or termination of any of the BANNDA Services and damages resulting from loss of use or data, whether or not the BAD BOYS by ronio SL. parties have been advised of such possibility and regardless of whether such damages were foreseeable or might be averted.

Your only right with respect to any dissatisfaction with the BANNDA Services shall be to terminate your use of such services. in no event shall the BAD BOYS by ronio SL. parties’ total liability to you for all claims arising under these terms or use of the BANNDA Services exceed the total amount paid by you to BAD BOYS by ronio SL. for use of the BANNDA Services during one month.

You understand that your use of the BANNDA Services may involve known and unexpected risks that could result in injury, damage, sickness or illness, including, however not restricted to, threats and dangers that may be caused by the acts of other users, trolls, bots or other third parties and outsiders, or occurrences beyond the control of the BAD BOYS by ronio SL. parties. by using the BANNDA Services, you accept all such risks, hazard and dangers and all responsibility regarding for any losses, misfortunes, harms as well as damages. you voluntarily release, waive, discharge and hold harmless the BAD BOYS by ronio SL. parties from any and all claims, demands or causes of action for substantial harm, bodily injury, property damage, wrongful death, loss of services or other claims that in any way arise from or are related to your use of the BANNDA Services.

The BANNDA Services are intended only as personal, location-based services for individual use.

4. CHANGES TO BANNDA SERVICES

BAD BOYS by ronio SL. reserves the right to modify or discontinue, temporarily or permanently, the BANNDA Services (or any part of it) at any time with or without notice. You agree that the BAD BOYS by ronio SL. Parties shall not be liable to you or any third party for any modification, adjustment, suspension or discontinuance of the BANNDA Services (or any part of it).

5. BANNDA CONTENT

BANNDA, the BANNDA logo, BANNDA product screen shots and the BANNDA “NN” App Icon design are trademarks or the subject of other intellectual property rights of BAD BOYS by ronio SL., and may not be used without prior, express written permission from BAD BOYS by ronio SL. All other trademarks not owned by BAD BOYS by ronio SL. that appear on the BANNDA Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BAD BOYS by ronio SL.

All content included on the BANNDA Services, including all information, data, text, software, music, sounds, photographs, graphics, videos, messages, scripts, tags, compilations of the foregoing and/or other materials accessible through the BANNDA Services, is the property of BAD BOYS by ronio SL. and/or its licensors, as applicable (the “BANNDA Content”), and protected by Spain and international intellectual property and other laws and treaties. Except as expressly permitted under these Terms, no reproduction, transmission, modification or display of any BANNDA Content is permitted without our prior, express written permission including but not limited to use for creative work or to sell or promote other products.

Without limiting the foregoing, if you believe that your copyright protected content (text, photo, video etc’) has been copied and posted on BANNDA Services, in a way that constitutes copyright infringement, please provide BAD BOYS by ronio SL. with the following information in order for BAD BOYS by ronio SL. to delete any records that might contain any copyright infringement.:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description where within the BANNDA Services had you encountered the alleged copyright infringement (and such description must be reasonably sufficient to enable BAD BOYS by ronio SL. to find the alleged infringing material);
  • your contact information: address, telephone number and email address;
  • a written 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; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notice of claims of copyright infringement should be provided to BAD BOYS by ronio SL. at the following address:
BAD BOYS by ronio SL.
c/ Isabel la catolica 8 17A
28013, Madrid,
Spain.
support@bannda.com

6. FEES AND SUBSCRIPTIONS

While all non commercial services on BANNDA are free of payment, additional data charges may apply to you for mobile use of the BANNDA Services through your mobile device (such as data usage). Additional fees may also apply for advertising other aspects of BANNDA Services.
In case you encountered a charge associated with a portion of the BANNDA Services, you agree to pay that charge by accessing or using it.

ADVERTISING

If you would like to advertise in BANNDA Services, you do this with the in-app subscriptions from the App Store on your device. You will be aware of the charge purchasing an advertising package at BANNDA Services before making payment and being billed. You must make all payments through the applicable App Store. You agree to pay all fees and charges incurred in connection with your use of the BANNDA Services (including any applicable taxes or fees or third party fees) at the rates in effect when the charges were incurred. BAD BOYS by ronio SL. may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This includes any agreements you make with BANNDA Services  when you purchase the advertising package.

You agree to maintain current, complete and accurate information for your billing account at any time you have a subscription. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.

AUTOMATIC RENEW

Advertising Subscriptions are managed by the App Store directly. BAD BOYS by ronio SL. does not have the ability to manage any aspect of your advertising subscription on your behalf, including, but not limited to, initiating, canceling or refunding subscriptions.
Advertising Subscriptions are valid for minimum of thirty (30) days. Payment will be charged to your App Store account at confirmation of purchase. Your advertising subscription automatically renews and continue indefinitely until the auto-renew is turned off by you at least twenty-four (24) hours before the end of the current period and again after any subsequent subscription period. You hereby agree that your account will be subject to this automatic renewal feature.

Your subscription commitment period will begin as of the day payment was received
Cancellation of the current Advertising subscription is allowed during active subscription period but you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

The price stated for the BANNDA Services may be denominated in your local currency by iTunes App Store (http://itunes.apple.com), Google Play Store (https://play.google.com/store/apps) or any other applicable app store through which you download the BANNDA App (each, an “App Store”) on your device. Fees and charges are collected by the App Store on your device. You should consult with the appropriate App Store to determine if the price charged includes all applicable taxes and currency exchange settlements. You are solely responsible for paying such taxes or other charges and/or fees. BAD BOYS by ronio SL. relies on the App Store to collect subscription fees and to report on the status of subscription accounts.

Your access to the BANNDA Services may be suspended or canceled if you do not make your payment on-time and/or in full. Suspension or cancellation of the BANNDA Services for non-payment could result in a loss of access to and use of your account and its content.

You should be aware that canceling your advertising subscription and/or deleting the BANNDA application may not terminate your user account on the BANNDA Services. If you cancel your advertising subscription and/or delete the BANNDA application but do not take steps to deactivate your user account or take other appropriate steps, your profile may continue to be accessible to others on the BANNDA Services.

PROMOTIONS
Any free trial or other promotion to the BANNDA Services must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee when it renew.

7. EXTERNAL MATERIALS

The BANNDA Services or users of the BANNDA Services may provide links to other websites or resources. You acknowledge and agree that the BAD BOYS by ronio SL. Parties do not endorse and not responsible for any content, products, advertising, services or other materials on or available through such sites or resources (“External Materials”). External Materials are subject to different terms and conditions and privacy policies, which you are responsible for reviewing. You further acknowledge and agree that the BAD BOYS by ronio SL. Parties shall not be liable for any damage or loss caused by or resulting from use of or reliance on any External Materials.

Your dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or services on the BANNDA Services, including payment for or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other third party. You agree that the BAD BOYS by ronio SL. Parties shall not be liable for any loss or damage of any kind incurred as a result of any such dealings.

8. PROHIBITED USES

You understand and hereby acknowledge and agree that you may not and warrant that you will not:

  • Use the BANNDA Services or any location information displayed within the BANNDA Services to stalk, defame, harass, threaten, defraud or abuse users of the BANNDA Services, or to collect, attempt to collect, or store location or personal information about other users;
  • Include offensive or pornographic materials in your BANNDA Services personal profile page;
  • Use the BANNDA Services for any commercial or non-private use, it being understood that the BANNDA Services are for personal, non-commercial use only;
  • Use the BANNDA Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
  • Make unsolicited offers, advertisements, proposals, or send junk mail, to other users of the BANNDA Services. This includes, but is not limited to, promotional materials or other solicitation material, bulk mailing of commercial advertising, petitions for signatures, unsolicited advertising, chain mail, chain post, informational announcements, charity requests, advertising post;
  • Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the accounts of other users of the BANNDA Services;
  • Misrepresent the source, identity or content of information transmitted via the BANNDA Services;
  • Remove, disable, damage, circumvent or otherwise interfere with security-related features of the BANNDA Services, features that prevent or restrict use or copying of any content accessible through the BANNDA Services, or features that enforce limitations on use of the BANNDA Services;
  • Intentionally interfere with or damage operation of the BANNDA Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
  • Post, send, transmit, store or disseminate any information or material which a reasonable person could deem to be objectionable, offensive, hateful, libelous, pornographic, harassing, indecent, threatening, distressing, vulgar, embarrassing, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
  • Post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
  • Use the BANNDA Services with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications;
  • Attempt to gain unauthorized access to the BANNDA Services, or any part of these, other accounts, computer systems or networks connected to the BANNDA Services, or any part of these, through hacking, password mining or any other means, or to interfere or attempt to interfere with the proper working of the BANNDA Services or any activities conducted on the BANNDA Services; or
  • Use any robot, spider, scraper or other automated means to access the BANNDA Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the BANNDA Services or modify the BANNDA Services in any manner or form, nor to use modified versions of the BANNDA Services, including (without limitation) for the purpose of obtaining unauthorized access to the BANNDA Services.

9. SUGGESTIONS AND IMPROVEMENTS

By sending BANNDA and/or BAD BOYS by ronio SL. any ideas, suggestions, documents or proposals (“Feedback”), you agree that (a) your Feedback does not contain the confidential or proprietary information of third parties, (b) BAD BOYS by ronio SL. Parties are under no obligation of confidentiality, express or implied, with respect to the Feedback, (c) BAD BOYS by ronio SL. Parties may have something similar to the Feedback already under consideration or in development, and (d) you grant us an irrevocable, royalty-free, perpetual, non-exclusive, worldwide license to use, publish, modify, distribute, reproduce, translate, adapt, publicly perform, publicly display and sublicense the Feedback.

10. USER CONTENT

The BANNDA Services allow the submission of information, content and materials (such as information, discriptions, ideas, pictures, ratings, reviews, notes, concepts, or creative suggestions) by you and other users (“User Content”), and the hosting, sharing and/or publishing of such User Content. You shall be solely responsible for your own User Content (“Your Content”) and the consequences of posting or publishing them. In connection with Your Content, you affirm, represent, and warrant that: (a) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize BAD BOYS by ronio SL. to use, all intellectual property and any other proprietary rights in and to any and all of Your Content to enable inclusion and use of Your Content in the manner contemplated by the BANNDA Services and these Terms; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in Your Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Content in the manner contemplated by the BANNDA Services and these Terms. For clarity, you shall retain all of your ownership rights in Your Content.

BAD BOYS by ronio SL. assumes no responsibility whatsoever in connection with or arising from User Content. BAD BOYS by ronio SL. assumes no responsibility for actively monitoring User Content for inappropriate content. If at any time BAD BOYS by ronio SL. chooses, in its sole discretion, to monitor User Content, BAD BOYS by ronio SL. nonetheless assumes no responsibility for the content of the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting User Content. Further, BAD BOYS by ronio SL. does not endorse and has no control over the content of User Content submitted by other users. BAD BOYS by ronio SL. makes no warranties, express or implied, as to the content of User Content or the accuracy and reliability of any User Content.

RESPONSIBILITY FOR YOUR CONTENT

You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable or provides others with information to locate you or determine places that you have visited, are visiting or are planning to visit. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by BAD BOYS by ronio SL.

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

BAD BOYS by ronio SL. uses industry standard efforts, to safeguard the confidentiality of your personally identifiable information. Nevertheless, perfect security does not exist on the internet; BAD BOYS by ronio SL. cannot and does not guarantee that any personally identifiable information provided to us will not become public under any circumstances.

OUR RIGHT TO USE YOUR CONTENT

BAD BOYS by ronio SL. does not claim ownership of Your Content. However, you grant us an irrevocable, royalty-free, perpetual, non-exclusive, worldwide license to use, publish, modify, distribute and sublicense the Feedback. reproduce, translate, adapt, publicly perform and publicly display Your Content in connection with your use of the BANNDA Services, consistent with our Privacy Policy and as necessary for posting, displaying, distributing and storing Your Content on the BANNDA Services. You also grant the users of the BANNDA Services the right to access Your Content in connection with their use of the BANNDA Services. You understand that the technical processing and transmission of data associated with Your Content may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of servers, connecting networks or devices.

ADVERTISING

BAD BOYS by ronio SL. and its licensees may publicly display advertisements and other information adjacent to Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

OTHER

We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold the BAD BOYS by ronio SL. Parties harmless from and against any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to your use of the BANNDA Services in violation of these Terms and/or your interactions with other users of the BANNDA Services, including, but not limited to, (a) your use or misuse of any location information or the BANNDA Services generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Terms, or (d) your use the BANNDA Services to communicate with or meet another user in-person or to locate and attend any offline place or event. BAD BOYS by ronio SL. reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

12. INTERACTIONS WITH OTHER USERS

BAD BOYS by ronio SL. advise you to use extreme caution before sharing personal information with other users, You are the only responsible for your interactions with other users using the BANNDA Services. (including, but not limited to: messages, instant messages, posts, comments, winks, notes, sharing, etc’). BAD BOYS by ronio SL. Parties assume no liability for these interactions. BAD BOYS by ronio SL. does not conduct criminal or other background checks or screening on its users, and/or verify the information that appear on the BANNDA Services, but reserves the right to do so at any time. The BAD BOYS by ronio SL. Parties assume no liability for your interactions with other users and make no representations or warranties as to the conduct of users and/or the information they provide and/or the statements that they make. You agree to take reasonable precautions in your interactions with other users of the BANNDA Services. The BAD BOYS by ronio SL. Parties are not responsible for monitoring any disputes between you and other users.
By entering and using BANNDA Services, you agree to use any personal information provided to you by other users of this BANNDA Services in a lawful and responsible manner.

13. REGISTRATION ACCOUNT AND PASSWORD

You will create a username and password as part of the registration process for the BANNDA Services. You are responsible for maintaining the confidentiality of your password and account and all activities that occur in connection with these. You should immediately notify BAD BOYS by ronio SL. of any actual or suspected unauthorized use of your password or account or any other breach of security. BAD BOYS by ronio SL. uses industry standard efforts, to safeguard the confidentiality of your personally identifiable information. However, perfect security does not exist on the internet; BAD BOYS by ronio SL. cannot and does not guarantee that any personally identifiable information provided to us will not become public under any circumstances.
You agree that all information that you provide to BAD BOYS by ronio SL. as part of the registration process, including, but not limited to, your name and email address, is truthful, accurate and complete.

14. GOVERNING LAW

These Terms and your relationship with BAD BOYS by Ronio SL. under these Terms shall be governed by and construed and enforced in accordance with the Spanish Legislation.
you and BAD BOYS by ronio SL. agree that any cause of action arising out of or related to the BANNDA Services must commence within one year after the cause of action accrues. otherwise, such cause of action shall be permanently barred.

15. BINDING ARBITRATION AND CLASS ACTION WAIVER.

any dispute or claim arising out of or relating in any way to these terms or your access to or use of the BANNDA Services, including, but not limited to, the validity, applicability or interpretation of these terms (each, a “claim”), shall be resolved by binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify. there is no judge or jury in arbitration, and court review of an arbitration award is limited.

The arbitration will be conducted by the Spanish specific legislation rules. Payment of all filing, administration and arbitrator fees will be governed by the Spanish Legislation rules. The arbitration shall be conducted in the Spanish language. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

Before submitting a Claim to arbitration pursuant to this Section 17, you must first submit the Claim to BAD BOYS by Ronio SL. for informal resolution through http://support.BANNDA.com/ or another mechanism specified by BAD BOYS by Ronio SL. You and BAD BOYS by Ronio SL. agree to work in good faith to resolve the Claim within sixty (60) days. If you and BAD BOYS by Ronio SL. are unable to resolve the Claim informally within sixty (60) days, then we each may submit the Claim to arbitration.

If you reject the last written settlement offer made by BAD BOYS by Ronio SL. before the arbitrator was appointed and the arbitrator awards you an amount greater than this last written settlement offer, then BAD BOYS by Ronio SL. will pay: (a) the greater of the award or €300; (b) your filing fees for the arbitration; and (c) any fees, costs and expenses deemed appropriate by the arbitrator.

we each agree that any dispute or claim arising out of or relating in any way to these terms or your access to or use of the BANNDA Services will be resolved only on an individual basis and not in a class, consolidated or representative action or arbitration. if for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that such claim shall be brought only in the Spanish court. you hereby submit to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue, forum non-conveniens or any similar grounds with respect to any such proceeding.

Notwithstanding anything to the contrary, you and BAD BOYS by Ronio SL. may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.

For any more information, questions and clarification please contact us: support@bannda.com