Last updated: 28 July 2023
General Terms – All Users
1. Your Relationship With Us
Welcome to BNN (the “Platform”), brought to you by ProcureNet Ltd. or one of its affiliates (“BNN,” “we,” or “us”).
You are currently reviewing the terms of service (the “Terms”), which establish the agreement and define the relationship between you and us, as well as outlining the terms and conditions for accessing and utilizing the Platform and our associated websites, services, applications, products, and content (collectively referred to as the “Services”). Our Services are intended for personal, non-commercial use only. In the context of these Terms, “you” and “your” refer to you as a user of the Services.
Please take the time to read these Terms carefully, as they constitute a legally binding contract between you and us.
2. Accepting the Terms
If you are accessing or using the Services on behalf of a business or entity, you acknowledge that “you” and “your” refer to both you and the business or entity. You represent and warrant that you have the authority to bind the entity to these Terms and that your agreement to these Terms also binds the entity. Your business or entity is responsible for your access to the Services as well as the access of any individuals affiliated with your entity, including employees, agents, or contractors.
You can accept these Terms by accessing or using the Services, and your use of the Services constitutes your acceptance of these Terms. Please save or print a local copy of these Terms for your records.
3. Changes to the Terms
Occasionally, we will update these Terms when we make changes to the functionality of our Services, combine multiple apps or services into one, or when there are regulatory updates. We will make reasonable efforts to notify all users of any significant changes to these Terms, such as through a notice on our Platform, but it is advisable to review these Terms regularly for any changes. The “Last Updated” date at the top of these Terms indicates the effective date of these Terms. If you continue to access or use the Services after the effective date of the new Terms, you are indicating your acceptance of the updated Terms. If you do not agree to the new Terms, you must discontinue using or accessing the Services.
4. Your Account with Us
In order to access certain Services, you are required to create an account with us. While creating your account, you must provide accurate and current information. It is your responsibility to maintain and update your information to ensure it remains current and complete.
It is crucial that you keep your account password private and do not share it with any third parties. If you suspect that a third party has access to your password or has accessed your account, please notify us immediately at: https://bnn.network/account/#contact
You agree that you are solely responsible for any activity that occurs under your account, and you will be held liable to us and others for any such activity.
We reserve the right to deactivate your user account at any time, including if you have violated any provisions of these Terms, or if we determine, in our sole discretion, that any activities on your account could cause harm to the Services, infringe on any third-party rights, or violate any applicable laws or regulations.
If you wish to delete your account and cease using our Services, please contact us at: https://bnn.network/account/#contact . We will provide you with further guidance on the process. Once you have deleted your account, you will not be able to reactivate it or retrieve any of the content or information associated with it.
5. Your Access to and Use of Our Services
By accessing or using the Services, you agree to comply with these Terms and all applicable laws and regulations. You are not permitted to:
- Access or use the Services if you are not fully able and legally competent to agree to these Terms.
- Make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile, or create
- derivative works of the Services or any content included therein.
- Distribute, license, transfer, or sell any part of the Services or any derivative works thereof.
- Rent, lease, or use the Services for commercial purposes or perform any commercial solicitation.
- Use the Services for any commercial or unauthorized purpose without our expressed written consent.
- Interfere with or attempt to interfere with the proper working of the Services or disrupt the website or any networks connected to the Services.
- Incorporate the Services or any portion thereof into any other program or product without our consent.
- Use automated scripts to collect information from or interact with the Services.
- Impersonate any person or entity or misrepresent yourself or your affiliation with any person or entity.
- Harass or intimidate another person, promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Use another person’s account without authorization or create a false identity on the Services.
- Use the Services in a manner that creates a conflict of interest or undermines the purpose of the Services.
- Use the Services to upload, transmit, distribute, store, or make available any files that contain viruses, trojans, worms, logic bombs, or other harmful material.
- Use the Services to transmit any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation.
- Share private information of any third party, including addresses, phone numbers, email addresses, personal identity document numbers, or credit card numbers.
- Infringe any copyright, trademark, or other intellectual property or privacy rights of any other person.
- Upload or distribute material that is defamatory, obscene, offensive, pornographic, hateful, or inflammatory.
- Upload or distribute material that constitutes or encourages criminal offenses, dangerous activities, or self-harm.
- Upload or distribute material that is intended to harass, harm, hurt, scare, distress, embarrass, or upset people.
- Upload or distribute material that contains a threat of any kind, including threats of physical violence.
- Upload or distribute material that is racist or discriminatory.
- Provide answers, responses, comments, opinions, analysis, or recommendations that you are not properly licensed or qualified to provide.
- Upload or distribute material that, in our sole judgment, is objectionable or may expose BNN, the Services, or its users to any harm or liability.
Your access to and use of the Services must always be compliant with our Community Guidelines as well.
We reserve the right, without prior notice, to remove or disable access to content at our discretion for any reason or no reason. We may remove or disable access to content that we consider objectionable, in violation of these Terms or our Community Guidelines, or otherwise harmful to the Services or our users. Our automated systems analyze your content to provide you with personalized product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and stored.
6. Intellectual Property Rights
We value and uphold intellectual property rights and expect you to do the same. By accessing and using the Services, you agree not to use them to infringe on any intellectual property rights. We reserve the right, at any time and at our sole discretion, to block access to and/or terminate the accounts of any user who infringes or is accused of infringing any copyrights or other intellectual property rights, with or without notice.
A. BNN Content
The content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and the overall appearance of the Services (collectively referred to as “BNN Content”) are owned or licensed by BNN, except for any User Content that you upload or transmit. You may not use the BNN Content or materials on the Services for any purposes not expressly permitted by these Terms. You are strictly prohibited from downloading, copying, reproducing, distributing, transmitting, broadcasting, displaying, selling, licensing, or otherwise exploiting the BNN Content without our or our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
By using the Services, you acknowledge and agree that we may generate revenues or increase our value from your use of the Services, including through the sale of advertising, sponsorships, promotions, usage data, and virtual items (as defined in the “Virtual Items Policy”). Unless permitted by us in these Terms or another agreement you enter into with us, you have no right to share in any revenue, goodwill, or value generated by your use of the Services, and you have no right to receive any income or other consideration from any User Content or your use of any musical works, sound recordings, or audiovisual clips made available to you on or through the Services.
You are granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the BNN Content solely for your personal, non-commercial use and solely in compliance with these Terms. BNN reserves all rights not expressly granted herein in the Services and the BNN Content. We may terminate this license at any time for any reason or no reason.
You acknowledge and agree that you view content provided by others on the Services at your own risk. The content on our Services is provided for general information only and is not intended to constitute advice on which you should rely. You must obtain professional or specialist advice before taking or refraining from any action based on the content on our Services.
We make no representations, warranties, or guarantees, whether expressed or implied, that any BNN Content (including User Content) is accurate, complete, or up to date. Our Services may contain links to other sites and resources provided by third parties, which are for your information only. We have no control over the contents of those sites or resources and do not endorse them. We have no obligation to pre-screen, monitor, review, or edit any content posted by you or other users on the Services, including User Content.
B. User-Generated Content
Users of the Services are allowed to share User Content, which includes text, photos, videos, sound recordings, and music. They may also use locally stored sound recordings and ambient noise to create videos, as well as add BNN Elements such as music, graphics, stickers, and Virtual Items. However, the information and materials in User Content, including those that include BNN Elements, are not verified or approved by BNN. The views expressed by other users on the Services do not represent BNN’s views or values.
If you upload or transmit User Content through the Services, you must comply with the standards set out in “Your Access to and Use of Our Services.” You may also upload your User Content on third-party sites or platforms, but you must comply with their content guidelines and the standards set out in “Your Access to and Use of Our Services.”
By sharing User Content, you warrant that it complies with the standards set out above, and you will be liable for any breach of that warranty. You must not post any User Content that you consider to be confidential or proprietary.
When you submit User Content through the Services, you agree that you own that User Content or have received all necessary permissions, clearances, or authorizations from the owner of any part of the content to submit it to the Services, transmit it to other third-party platforms, and adopt any third-party content. If you only own the rights to a sound recording but not to the underlying musical works, you must not post such sound recordings to the Services unless you have all necessary permissions, clearances, or authorizations from the owner of any part of the content.
You or the owner of your User Content still own the copyright in User Content sent to BNN, but by submitting User Content via the Services, you grant BNN an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish, transmit, distribute, and authorize other users of the Services and third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish, and transmit your User Content on any format and platform, either now known or hereinafter invented. You also grant BNN a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of your User Content.
The rights granted in the previous paragraph include the right to reproduce sound recordings and publicly perform and communicate sound recordings and the musical works embodied therein on a royalty-free basis. This means that BNN can use your User Content without the obligation to pay royalties to any third party, including a sound recording copyright owner, a musical work copyright owner, a performing rights organization, a sound recording PRO, any unions or guilds, and engineers, producers, or other royalty participants involved in the creation of User Content.
If you are a composer or author of a musical work affiliated with a PRO or have assigned your rights to a music publisher, you must notify your PRO or obtain your publisher’s consent to grant the royalty-free license(s) set forth in these Terms in your User Content. If you are a recording artist under contract with a record label, you are solely responsible for complying with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that your label may claim.
You control whether your User Content is made publicly available on the Services to all other users or only to people you approve. To restrict access to your User Content, you should select the privacy setting available within the Platform.
BNN has the right to disclose your identity to any third party who claims that any User Content posted or uploaded by you to our Services violates their intellectual property rights or right to privacy. BNN also reserves the right to remove, disallow, block, or delete any User Content that violates these Terms, in response to complaints from other users or third parties, or at BNN’s sole discretion.
If you send Feedback to BNN regarding our product ideas and features, you agree that BNN has no obligation to review, consider, or implement your Feedback or to keep it confidential. Feedback is provided on a non-confidential basis, and BNN is not under any obligation to refrain from using or disclosing it in any way. You also grant BNN an irrevocable and unlimited permission to use, modify, distribute, create derivative works of, publicly perform, communicate to the public, make available, publicly display, and exploit Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind.
By accepting these Terms, you commit to protecting, compensating, and releasing BNN, its parent companies, subsidiaries, and affiliates, as well as their respective officers, directors, employees, agents, and advisors from any and all legal claims, obligations, expenses, and costs, including attorneys’ fees and expenses, that may arise as a result of a violation of these Terms by you or any user of your account, or as a result of a violation of your obligations, representations, and warranties under these Terms.
9. Exclusion of Warranties
These Terms do not affect any statutory rights that you, as a consumer, are entitled to and cannot waive. The services are provided on an “as is” basis, and we make no warranties or representations regarding them. Specifically, we do not guarantee that your use of the services will meet your requirements, be uninterrupted, timely, secure, or error-free, or that any information obtained through the services will be accurate or reliable. We may change, suspend, withdraw, or restrict the availability of any part of our platform at any time without notice.
We are not liable for any indirect or consequential losses incurred by you, including loss of profit, goodwill, opportunity, or data, except to the extent expressly set out in these Terms. Our liability for losses that cannot be lawfully excluded or limited by applicable law, such as those resulting from personal injury or fraud, is not excluded or limited by these Terms.
We are not liable for any loss or damage resulting from your reliance on the completeness, accuracy, or existence of any advertisement or the relationship or transaction between you and any advertiser or sponsor whose advertising appears on the service. We are not responsible for any permanent or temporary cessation in the provision of the services or for the deletion, corruption, or failure to store any content or other communication data maintained or transmitted by or through your use of the services. You are responsible for providing us with accurate account information and keeping your password or account details secure and confidential.
We are not liable for any loss of profit, business, goodwill, or opportunity resulting from your use of our platform for any commercial or business purposes. If defective digital content we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation, except where you failed to follow our advice or installation instructions.
You are responsible for any mobile charges that may apply to your use of our service, including text-messaging and data charges. Any dispute you have with any third party arising from your use of the services is between you and the third party, and you release us and our affiliates from any and all claims and damages arising from or in connection with such disputes.
10. Other Terms
a. The laws of Hong Kong SAR govern these Terms and any dispute arising out of or in connection with them shall be resolved by arbitration administered by the courts of Hong Kong, with English as the language of arbitration.
b. The Platform contains open source software subject to its own applicable license terms, which can be found at Open Source Policy.
c. These Terms constitute the entire legal agreement between you and BNN and replace any prior agreements in relation to the Services.
d. You may link to our home page in a fair and legal manner that does not damage our reputation or suggest an association or endorsement where none exists. The website in which you are linking must comply with our content standards, and we reserve the right to withdraw linking permission without notice.
e. The Services are only for users over 13 years old, and if we learn that someone under this age is using the Services, we will terminate their account.
f. Our failure to enforce any provision of these Terms does not waive our right to enforce it in the future.
g. We do not guarantee the security of our Services and recommend that you use virus protection and configure your technology accordingly.
h. If a court rules that any provision of these Terms is invalid, the remainder of the Terms will still be valid and enforceable.
i. Contact us at https://bnn.network/account/#contact if you have any questions.
j. Representation/assistance of parents and guardians.
If you are between the ages of 13 and 18, you can only use and register for an account with the assistance of your parent or legal guardian. By using the Services and agreeing to these Terms, you represent and warrant that you have obtained such assistance..
These Terms are governed by the law of Hong Kong SAR, and the courts of Hong Kong have exclusive jurisdiction.