TERMS OF USE

Welcome to Bandcode, operated by Simonffy Csaba (the 'operator' or 'Bandcode').

By creating a bandcode account, whether through a mobile device, mobile application or computer (collectively, the 'Service') you agree to be bound by these Terms of Use (this 'Agreement'). If you wish to create a bandcode account and make use of the Service, please read this Agreement.

If you do not accept and agree to be bound by all of the terms of this Agreement, luding the bandcode Privacy Policy, do not use the Service. Please contact us with any questions regarding this Agreement.

  1. Acceptance of Terms of Use Agreement.

a. This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Service. This Agreement ludes the operator's (i) Privacy Policy, (ii) terms disclosed and agreed to by you if you purchase or accept additional features, products or services we offer on the Service, such as terms governing features, billing, free trials, discounts and promotions.

b. By accessing or using the Service, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To withdraw this consent, you must cease using the Service and terminate your account. Please print a copy of this Agreement for your records.

c. We may, at any time and for any reason make changes to this Agreement. We may do this for a variety of reasons luding to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Services under Settings and also on gobandcode.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes lude material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could lude notification through the Services or via email. If you continue to use the Services after the changes become effective, then you shall be deemed to have accepted those changes. If you don't agree to these changes, you must end your relationship with us (without penalty) by ceasing to use the Services and leaving bandcode. Additionally, if we update or upgrade the Services, you may be required to accept the most recent version of the Agreement to access the updated or upgraded Services.

  1. Eligibility. No part of bandcode is directed to persons under the age of 18. You must be at least 18 years of age to access and use the Service. Any use of the Service is void where prohibited. By accessing and using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you create an account, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Service.

  1. Creating an Account. In order to use bandcode, you must have or create a Facebook account and sign in using your Facebook login. If you do so, you authorize us to access and use certain Facebook account information, luding but not limited to your public Facebook profile and information about Facebook friends you might share in common with other bandcode users. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

  1. Term and Termination. This Agreement will remain in full force and effect while you use the Service and/or have a bandcode account. You may terminate your account at any time, for any reason, by following the instructions in 'Settings' in the Service. The operator may terminate or suspend your account at any time without notice if the operator believes that you have breached this Agreement, or for any other reason, in its sole discretion. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in app purchases. The operator is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply: Section 4, Section 8, Section 9(e), Section 15, and Sections 17-19.

  1. Non-commercial Use by Users. The Service is for personal use only. Users may not use the Service or any content contained in the Service (luding, but not limited to, content of other users, designs, text, graphics, images, video, information, logos, software, audio files and computer code) in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by the operator or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of the Service may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Service for any purpose except with bandcode's express consent (such as for promoted profiles or other advertisements), which bandcode may provide or deny in its sole discretion. The operator may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service, luding collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service.

  1. Account Security. You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the operator of any disclosure or unauthorized use of your username or password or any other breach of security at help@gobandcode.com and ensure that you log out from your account at the end of each session.

  1. Your Interactions with Other Users.

  1. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE operator CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. THE operator ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. THE operator MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. THE operator RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

  1. The operator is not responsible for the conduct of any user. As noted in and without limiting Sections 15 and 17 below, in no event shall the operator, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or idental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service luding, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Service or meet in person, or if you decide to send money to another user. In addition, you agree to review and follow the operator's safety tips, located in the Service, prior to using the Service. You understand that the operator makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

  1. Proprietary Rights. The operator owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of the operator and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the operator or, if such property is not owned by the operator, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, luding copyright, trademark and other intellectual property notices.

  1. Content Posted by You in the Service.

  1. You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, 'post') on the Service or transmit to other users, luding text messages, chat, videos (luding streaming videos), photographs, or profile text, whether publicly posted or privately transmitted (collectively, 'Content'). You may not post as part of the Service, or transmit to the operator or any other user (either on or off the Service), any offensive, inaccurate, omplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person's rights (luding intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, luding information submitted from your Facebook account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, omplete, misleading or false and (ii) you have the right to post the Content on the Service and grant the licenses set forth below.

  1. You understand and agree that the operator may, but is not obligated to, monitor or review any Content you post as part of a Service. The operator may delete any Content, in whole or in part, that in the sole judgment of the operator violates this Agreement or may harm the reputation of the Service or the operator.

  1. By posting Content as part of the Service, you automatically grant to the operator, its affiliates, licensees and successors, a non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or orporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by the operator will not infringe or violate the rights of any third party.

  1. In addition to the types of Content described in Section 9(a) above, the following is a partial list of the kind of Content that is prohibited in the Service. You may not post, upload, display or otherwise make available Content that:

  1. Your use of the Service, luding all Content you post through the Service, must comply with all applicable laws and regulations. You agree that the operator may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Service in the future; or (v) protect the rights, property or personal safety of the operator or any other person.

  1. You agree that any Content you place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other bandcode users).

  1. Prohibited Activities. The operator reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way the operator regards as inappropriate or unlawful, luding actions or communications the occur off the Service but involve users you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:

  1. Customer Service. The operator provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

  1. In App Purchases.

  1. Generally. From time to time, bandcode may offer additional products and services for purchase ('in app purchases') through the App Store ?, Google Play or other application platforms authorized by bandcode (each, a 'Software Store'). If you choose to make an in app purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.g., Apple, Android, etc.) ('your IAP Account'), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. In app purchases may lude a free trial period. At the end of the free trial period, you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel before the end of the trial period. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel in accordance with the platform terms. In all cases, please refer to the terms of your application platform which apply to your in app purchases.

  1. Bandcode codes and Other Virtual Items. From time to time, you may be able to purchase, with 'real world' money, a limited, personal, non-transferable, non-sublicensable, revocable license to use 'virtual items', luding but not limited to bandcode codes (collectively, 'Virtual Items'). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service and not in any other way. Regardless of the terminology used, Virtual Items represent a limited license right governed by this Agreement. Except as otherwise prohibited by applicable law, Virtual Items obtained by you are licensed to you, and you hereby acknowledge that no title or ownership in or to Virtual Items is being transferred or assigned hereunder. This Agreement should not be construed as a sale of any rights in Virtual Items. Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not ur fees for non-use; provided, however, that the license granted hereunder to Virtual Items will terminate in accordance with the terms and conditions of this Agreement, when bandcode ceases providing the Service or this Agreement or your Account is otherwise terminated. bandcode, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. You may purchase Virtual Items only within the Service or through a Software Store. Purchase and use of Virtual Items through a Software Store are subject to such Software Store's governing documents, luding but not limited to its terms of service and Privacy Policy. bandcode may manage, regulate, control, modify or eliminate Virtual Items at any time. bandcode shall have no liability to you or any third party in the event that bandcode exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service provided by bandcode that commences immediately upon the acceptance of your purchase of such Virtual Items. You agree to pay all fees and applicable taxes urred by you or anyone using your bandcode account. bandcode may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT bandcode IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

  1. Modifications to Service. The operator reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the operator shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, the operator reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.

  1. Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

  1. Disclaimers.

  1. You acknowledge and agree that neither the operator nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, luding personal injury or death, as a result of or alleged to be the result of (i) any orrect or inaccurate Content posted in the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service; (ii) the timeliness, deletion or removal, orrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, luding injury or damage to users or to any other person's computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE operator PROVIDES THE SERVICE ON AN 'AS IS' AND 'AS AVAILABLE' BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (LUDING ALL CONTENT CONTAINED THEREIN), LUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE operator DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.

  1. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.

  1. From time to time, the operator may make third party opinions, advice, statements, offers, or other third party information or content available through the Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. THE operator DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE operator OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.

  1. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted in the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The operator makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

  1. Links. The Service may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that the operator is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service, luding payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.

  1. Limitation on Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE operator, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, IDENTAL, SPECIAL OR PUNITIVE DAMAGES, LUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE operator HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE operator'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE operator FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

  1. Arbitration and Governing Law.

  1. Except for users residing within the European Union and elsewhere where prohibited by applicable law:

  1. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (luding any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the operator in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the operator any class action, class arbitration, or other representative action or proceeding.

  1. By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the operator (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

  1. Any proceeding to enforce this arbitration agreement, luding any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction.

  1. For users residing in the European Union or elsewhere where this arbitration agreement is prohibited by law, will apply to any disputes arising out of or relating to this Agreement or the Services.

  1. Indemnity by You. You agree to indemnify and hold the operator, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, luding reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (luding any breach of your representations and warranties contained herein), any postings or Content you post in the Service, and the violation of any law or regulation by you. The operator reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the operator in connection therewith.

  1. Notice. The operator may provide you with notices, luding those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, luding by email, regular mail, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

  1. Entire Agreement; Other. This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers in the Service, contains the entire agreement between you and the operator regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the operator to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the operator in any manner.

Bandcode Privacy Policy

Last Updated: June 16th, 2016

Bandcode ('bandcode,' 'we,' and 'us') respects the privacy of its users ('you') and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. This Privacy Policy describes the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures. We encourage you to read this Privacy Policy carefully when using our application or services or transacting business with us. By using our website or application (our 'Service'), you are accepting the practices described in this Privacy Policy.

If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.

Information we collect about you

In General. We may collect information that can identify you such as your name and email address ("personal information") and other information that does not identify you. We may collect this information through a website or a mobile application. By using the Service, you are authorizing us to gather, parse and retain data related to the provision of the Service. When you provide personal information through our Service, the information may be sent to servers located in Hungary and countries around the world.

Information you provide. In order to register as a user with bandcode, you will be asked to sign in using your Facebook login. If you do so, you authorize us to access certain Facebook account information, such as your public Facebook profile (consistent with your privacy settings in Facebook), your email address, interests, likes, gender, birthday, education history, relationship interests, current city, photos, personal description, friend list, and information about and photos of your Facebook friends who might be common Facebook friends with other bandcode users. You will also be asked to allow bandcode to collect your location information from your device when you download or use the Service. In addition, we may collect and store any personal information you provide while using our Service or in some other manner. This may lude identifying information, such as your name, address, email address and telephone number, and, if you transact business with us, financial information. You may also provide us photos, a personal description and information about your gender and preferences for recommendations, such as search distance, age range and gender. If you chat with other bandcode users, you provide us the content of your chats, and if you contact us with a customer service or other inquiry, you provide us with the content of that communication.

Use of technologies to collect information. We use various technologies to collect information from your device and about your activities on our Service.

Information collected automatically. We automatically collect information from your browser or device when you visit our Service. This information could lude your IP address, device ID and type, your browser type and language, the operating system used by your device, access times, your mobile device's geographic location while our application is actively running, and the referring website address.

Cookies and Use of Cookie Data. When you visit our Service, we may assign your device one or more cookies to facilitate access to our Service and to personalize your experience. Through the use of a cookie, we also may automatically collect information about your activity on our Service, such as the pages you visit, the time and date of your visits and the links you click. If we advertise, we (or third parties) may use certain data collected on our Service to show you bandcode advertisements on other sites or applications.

Pixel tags. We embed pixel tags (also called web beacons or clear GIFs) on web pages, ads, and emails. These tiny, invisible graphics are used to access cookies and track user activities (such as how many times a page is viewed). We use pixel tags to measure the popularity of our features and services. Ad companies also use pixel tags to measure the number of ads displayed and their performance (such as how many people clicked on an ad).

Mobile Device IDs: If you're using our app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), or Advertising IDs (for iOS 6 and later), instead of cookies, to recognize you. We do this to store your preferences and track your use of our app. Unlike cookies, device IDs cannot be deleted, but Advertising IDs can be reset in 'Settings' on your iPhone. Ad companies also use device IDs or Advertising IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage.

Information collected by third-parties for advertising purposes. We may allow service providers, advertising companies and ad networks, and other third parties to display advertisements on our Service. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements. We do not provide any non-anonymized personal information to third parties.

How we use the information we collect

In General. We may use information that we collect about you to:

deliver and improve our products and services, and manage our business;

manage your account and provide you with customer support;

perform research and analysis about your use of, or interest in, our or others' products, services, or content;

communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us or other third parties;

develop, display, and track content and advertising tailored to your interests on our Service and other sites, luding providing our advertisements to you when you visit other sites;

website or mobile application analytics;

verify your eligibility and deliver prizes in connection with contests and sweepstakes;

enforce or exercise any rights in our Terms of Use; and

perform functions or services as otherwise described to you at the time of collection.

Job applicants. If your personal information is submitted through our website when applying for a position with our company, the information will be used solely in connection with considering and acting upon your application. We may retain your personal information, but only for the purpose of considering your application for current or future available positions. This information, which may lude your name and contact information, prior education and experience, and other information you provide to us, may be shared with third-party service providers retained by us to collect, maintain and analyze candidate submissions for job postings.

In all circumstances, we may perform these functions directly or use a third party vendor to perform these functions on our behalf who will be obligated to use your personal information only to perform services for us. Also, if you access our Service from a third party social platform, such as Facebook, we may share non-personal information with that platform to the extent permitted by your agreement with it and its privacy settings.

With whom we share your information

Information Shared with Other Users. When you register as a user of bandcode, your bandcode profile will be viewable by other users of the Service. Other users (and in the case of any sharing features available on bandcode, the individuals or apps with whom a bandcode user may choose to share you with) will be able to view information you have provided to us directly or through Facebook, such as your Facebook photos, any additional photos you upload, your first name, your age, approximate number of miles away, your personal description, and information you have in common with the person viewing your profile, such as common Facebook friends and likes. If you swipe right or use voting buttons to say 'yes' to a person, you will be able to chat with that person if they swipe right or use voting buttons to say "yes" to you, e.g., when you have a 'match.' If you chat with your match, of course your match will see the content of your chat.

Personal information. We do not share your personal information with others except as indicated in this Privacy Policy or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:

Service providers: We may share information, luding personal and financial information, with third parties that perform certain services on our behalf. These services may lude fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, ad tracking and analytics, member screenings, supporting our Service functionality, and supporting contests, sweepstakes, surveys and other features offered through our Service. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.

Other Situations. We may disclose your information, luding personal information:

In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.

When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Terms of Use or other agreements or policies.

In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Aggregated and/or non-personal information. We may use and share non-personal information we collect under any of the above circumstances. We may also share it with other Match Group companies and third parties to develop and deliver targeted advertising on our Service and on websites or applications of third parties, and to analyze and report on advertising you see. We may combine non-personal information we collect with additional non-personal information

collected from other sources. We also may share aggregated, non-personal information, or personal information in hashed, non-human readable form, with third parties, luding advisors, advertisers and investors, for the purpose of conducting general business analysis or other business purposes. For example, we may engage a data provider who may collect web log data from you (luding IP address and information about your browser or operating system), or place or recognize a unique cookie on your browser to enable you to receive customized ads or content.

Do Not Track Disclosure

Do Not Track ('DNT') is a privacy preference that users can set in their web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. We are committed to providing you with meaningful choices about the information we collect and that is why we provide the opt-out links above. However, we do not recognize or respond to any DNT signals, as the Internet industry works toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT.

Third Party Websites

There are a number of places on our Service where you may click on a link to access other websites that do not operate under this Privacy Policy. For example, if you click on an advertisement on our Service, you may be taken to a website that we do not control. These third- party websites may independently solicit and collect information, luding personal information, from you and, in some instances, provide us with information about your activities on those websites. We recommend that you consult the privacy statements of all third-party websites you visit by clicking on the 'privacy' link typically located at the bottom of the webpage you are visiting.

How you can access your information

If you have a bandcode account, you have the ability to review and update your personal information within the Service by opening your account and going to settings. More information about how to contact us is provided below. You also may close your account at any time by visiting the "Settings" page for your account. If you close your account, we will retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, enforce our Terms of Use, take actions we deem necessary to protect the integrity of our Service or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties' policies.

Your choices about collection and use of your information

You can choose not to provide us with certain information, but that may result in you being unable to use certain features of our Service because such information may be required in order for you to register as user; purchase products or services; participate in a contest, promotion, survey, or sweepstakes; ask a question; or initiate other transactions.

Our Service may also deliver notifications to your phone or mobile device. You can disable these notifications by going into 'App Settings' on the app or by changing the settings on your mobile device.

You can also control information collected by cookies. You can delete or decline cookies by changing your browser settings. Click 'help' in the toolbar of most browsers for instructions.

How we protect your personal information

We take security measures to help safeguard your personal information from unauthorized access and disclosure. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, chats, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email. Please refer to the Federal Trade Commission's website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.

Information you provide about yourself while using our Service

We provide areas on our Service where you can post information about yourself and others and communicate with others. Such postings are governed by our Terms of Use. Also, whenever you voluntarily disclose personal information on publicly-viewable pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information.

Children's privacy

Although our Service is a general audience Service, we restrict the use of our service to individuals age 18 and above. We do not knowingly collect, maintain, or use personal information from children under the age of 18.

Visiting our Service from outside the United States

If you are visiting our Service from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. By using our services, you understand and agree

that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy.

No Rights of Third Parties

This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.

Changes to this Privacy Policy

We will occasionally update this Privacy Policy to reflect changes in the law, our data collection and use practices, the features of our Service, or advances in technology. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy, which will be posted on the Services under 'Settings' and also on gobandcode.com, and you should regularly check for the most recent version, which is the version that applies. If we make any material changes to this Privacy Policy, we will notify you of the changes by reasonable means, which could lude notifications through the Services or via email. Please review the changes carefully. Your continued use of the Services following the posting of changes to this policy will mean you consent to and accept those changes. If you do not consent to such changes you can delete your account by following the instructions under Settings.

Bandcode Privacy Policy

Last Updated: June 16th, 2016

Bandcode ('bandcode,' 'we,' and 'us') respects the privacy of its users ('you') and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. This Privacy Policy describes the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures. We encourage you to read this Privacy Policy carefully when using our application or services or transacting business with us. By using our website or application (our 'Service'), you are accepting the practices described in this Privacy Policy.

If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.

Information we collect about you

In General. We may collect information that can identify you such as your name and email address ("personal information") and other information that does not identify you. We may collect this information through a website or a mobile application. By using the Service, you are authorizing us to gather, parse and retain data related to the provision of the Service. When you provide personal information through our Service, the information may be sent to servers located in Hungary and countries around the world.

Information you provide. In order to register as a user with bandcode, you will be asked to sign in using your Facebook login. If you do so, you authorize us to access certain Facebook account information, such as your public Facebook profile (consistent with your privacy settings in Facebook), your email address, interests, likes, gender, birthday, education history, relationship interests, current city, photos, personal description, friend list, and information about and photos of your Facebook friends who might be common Facebook friends with other bandcode users. You will also be asked to allow bandcode to collect your location information from your device when you download or use the Service. In addition, we may collect and store any personal information you provide while using our Service or in some other manner. This may lude identifying information, such as your name, address, email address and telephone number, and, if you transact business with us, financial information. You may also provide us photos, a personal description and information about your gender and preferences for recommendations, such as search distance, age range and gender. If you chat with other bandcode users, you provide us the content of your chats, and if you contact us with a customer service or other inquiry, you provide us with the content of that communication.

Use of technologies to collect information. We use various technologies to collect information from your device and about your activities on our Service.

Information collected automatically. We automatically collect information from your browser or device when you visit our Service. This information could lude your IP address, device ID and type, your browser type and language, the operating system used by your device, access times, your mobile device's geographic location while our application is actively running, and the referring website address.

Cookies and Use of Cookie Data. When you visit our Service, we may assign your device one or more cookies to facilitate access to our Service and to personalize your experience. Through the use of a cookie, we also may automatically collect information about your activity on our Service, such as the pages you visit, the time and date of your visits and the links you click. If we advertise, we (or third parties) may use certain data collected on our Service to show you bandcode advertisements on other sites or applications.

Pixel tags. We embed pixel tags (also called web beacons or clear GIFs) on web pages, ads, and emails. These tiny, invisible graphics are used to access cookies and track user activities (such as how many times a page is viewed). We use pixel tags to measure the popularity of our features and services. Ad companies also use pixel tags to measure the number of ads displayed and their performance (such as how many people clicked on an ad).

Mobile Device IDs: If you're using our app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), or Advertising IDs (for iOS 6 and later), instead of cookies, to recognize you. We do this to store your preferences and track your use of our app. Unlike cookies, device IDs cannot be deleted, but Advertising IDs can be reset in 'Settings' on your iPhone. Ad companies also use device IDs or Advertising IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage.

Information collected by third-parties for advertising purposes. We may allow service providers, advertising companies and ad networks, and other third parties to display advertisements on our Service. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements. We do not provide any non-anonymized personal information to third parties.

How we use the information we collect

In General. We may use information that we collect about you to:

deliver and improve our products and services, and manage our business;

manage your account and provide you with customer support;

perform research and analysis about your use of, or interest in, our or others' products, services, or content;

communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us or other third parties;

develop, display, and track content and advertising tailored to your interests on our Service and other sites, luding providing our advertisements to you when you visit other sites;

website or mobile application analytics;

verify your eligibility and deliver prizes in connection with contests and sweepstakes;

enforce or exercise any rights in our Terms of Use; and

perform functions or services as otherwise described to you at the time of collection.

Job applicants. If your personal information is submitted through our website when applying for a position with our company, the information will be used solely in connection with considering and acting upon your application. We may retain your personal information, but only for the purpose of considering your application for current or future available positions. This information, which may lude your name and contact information, prior education and experience, and other information you provide to us, may be shared with third-party service providers retained by us to collect, maintain and analyze candidate submissions for job postings.

In all circumstances, we may perform these functions directly or use a third party vendor to perform these functions on our behalf who will be obligated to use your personal information only to perform services for us. Also, if you access our Service from a third party social platform, such as Facebook, we may share non-personal information with that platform to the extent permitted by your agreement with it and its privacy settings.

With whom we share your information

Information Shared with Other Users. When you register as a user of bandcode, your bandcode profile will be viewable by other users of the Service. Other users (and in the case of any sharing features available on bandcode, the individuals or apps with whom a bandcode user may choose to share you with) will be able to view information you have provided to us directly or through Facebook, such as your Facebook photos, any additional photos you upload, your first name, your age, approximate number of miles away, your personal description, and information you have in common with the person viewing your profile, such as common Facebook friends and likes. If you swipe right or use voting buttons to say 'yes' to a person, you will be able to chat with that person if they swipe right or use voting buttons to say "yes" to you, e.g., when you have a 'match.' If you chat with your match, of course your match will see the content of your chat.

Personal information. We do not share your personal information with others except as indicated in this Privacy Policy or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:

Service providers: We may share information, luding personal and financial information, with third parties that perform certain services on our behalf. These services may lude fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, ad tracking and analytics, member screenings, supporting our Service functionality, and supporting contests, sweepstakes, surveys and other features offered through our Service. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.

Other Situations. We may disclose your information, luding personal information:

In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.

When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Terms of Use or other agreements or policies.

In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Aggregated and/or non-personal information. We may use and share non-personal information we collect under any of the above circumstances. We may also share it with other Match Group companies and third parties to develop and deliver targeted advertising on our Service and on websites or applications of third parties, and to analyze and report on advertising you see. We may combine non-personal information we collect with additional non-personal information

collected from other sources. We also may share aggregated, non-personal information, or personal information in hashed, non-human readable form, with third parties, luding advisors, advertisers and investors, for the purpose of conducting general business analysis or other business purposes. For example, we may engage a data provider who may collect web log data from you (luding IP address and information about your browser or operating system), or place or recognize a unique cookie on your browser to enable you to receive customized ads or content.

Do Not Track Disclosure

Do Not Track ('DNT') is a privacy preference that users can set in their web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. We are committed to providing you with meaningful choices about the information we collect and that is why we provide the opt-out links above. However, we do not recognize or respond to any DNT signals, as the Internet industry works toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT.

Third Party Websites

There are a number of places on our Service where you may click on a link to access other websites that do not operate under this Privacy Policy. For example, if you click on an advertisement on our Service, you may be taken to a website that we do not control. These third- party websites may independently solicit and collect information, luding personal information, from you and, in some instances, provide us with information about your activities on those websites. We recommend that you consult the privacy statements of all third-party websites you visit by clicking on the 'privacy' link typically located at the bottom of the webpage you are visiting.

How you can access your information

If you have a bandcode account, you have the ability to review and update your personal information within the Service by opening your account and going to settings. More information about how to contact us is provided below. You also may close your account at any time by visiting the "Settings" page for your account. If you close your account, we will retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, enforce our Terms of Use, take actions we deem necessary to protect the integrity of our Service or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties' policies.

Your choices about collection and use of your information

You can choose not to provide us with certain information, but that may result in you being unable to use certain features of our Service because such information may be required in order for you to register as user; purchase products or services; participate in a contest, promotion, survey, or sweepstakes; ask a question; or initiate other transactions.

Our Service may also deliver notifications to your phone or mobile device. You can disable these notifications by going into 'App Settings' on the app or by changing the settings on your mobile device.

You can also control information collected by cookies. You can delete or decline cookies by changing your browser settings. Click 'help' in the toolbar of most browsers for instructions.

How we protect your personal information

We take security measures to help safeguard your personal information from unauthorized access and disclosure. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, chats, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email. Please refer to the Federal Trade Commission's website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.

Information you provide about yourself while using our Service

We provide areas on our Service where you can post information about yourself and others and communicate with others. Such postings are governed by our Terms of Use. Also, whenever you voluntarily disclose personal information on publicly-viewable pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information.

Children's privacy

Although our Service is a general audience Service, we restrict the use of our service to individuals age 18 and above. We do not knowingly collect, maintain, or use personal information from children under the age of 18.

Visiting our Service from outside the United States

If you are visiting our Service from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. By using our services, you understand and agree

that your information may be transferred to our facilities and those third parties with whom we share it as described in this privacy policy.

No Rights of Third Parties

This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.

Changes to this Privacy Policy

We will occasionally update this Privacy Policy to reflect changes in the law, our data collection and use practices, the features of our Service, or advances in technology. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy, which will be posted on the Services under 'Settings' and also on gobandcode.com, and you should regularly check for the most recent version, which is the version that applies. If we make any material changes to this Privacy Policy, we will notify you of the changes by reasonable means, which could lude notifications through the Services or via email. Please review the changes carefully. Your continued use of the Services following the posting of changes to this policy will mean you consent to and accept those changes. If you do not consent to such changes you can delete your account by following the instructions under Settings.