BANNED Terms of Service

Last updated: February 18, 2025

Thank you for using Banned. Banned is a social application that allows users to share short videos or other content, as well as "ban" (remove) or endorse content from others. These Terms of Service ("Terms") govern your access to and use of our mobile application, website, or any related tools (collectively, "Banned," the "Service," or "Services").

Each time you access or use Banned, you agree to be bound by these Terms and any additional terms that apply to you. If you do not agree, please cease using Banned immediately. Banned is owned and operated by Oedipa, Inc. ("Company," "we," or "us").

1. Age and Legal Capacity

You represent that you are at least 13 years old and are legally able to agree to these Terms. No one under 13 is allowed to use or access Banned or the Services.

If you are old enough to use or access Banned but are a minor in your country (i.e., not old enough to legally consent), your parent or guardian must agree to these Terms on your behalf.

2. Accounts and Software Updates

When creating your Banned account, you agree to provide accurate and complete information. We may refuse or terminate your access if the information you provide is (or becomes) inaccurate or incomplete.

You may stop using the Services at any time and for any reason. Account deletion can be done within the app by following the in-app instructions for account deletion.

3. Your License to Use Banned

Banned's Services, including all text, graphics, logos, icons, images, design, software, and other elements that form the "look and feel" of Banned, are protected by intellectual property laws. You acknowledge that we or our licensors own all legal rights, title, and interest in and to the Services.

We grant you a worldwide, non-exclusive, personal, non-assignable, and revocable license to use our software (including any downloaded client software), solely to access our Services and subject to these Terms.

You may not copy, modify, create derivative works, distribute, sell, lease, or sublicense any part of the Services or software, nor may you attempt to reverse engineer or decompile them unless expressly permitted by us in writing or by law.

4. Content Ownership and License

"User Content" refers to the photos, videos, comments, links, and any other content you post or share through Banned.

By posting or sharing content on Banned, you grant us full ownership rights to all videos posted on the platform. This means that BANNED owns all videos posted on the platform and has the unrestricted right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content worldwide in any media, including for marketing, promotional, and commercial purposes without additional compensation to you.

For all other User Content (non-video content), you retain ownership but grant us a non-exclusive, royalty-free, worldwide, sublicensable license to use, store, display, reproduce, modify, perform, and distribute your User Content for the operation, development, and provision of Banned.

We retain the right to remove or modify any User Content that violates these Terms or any policies, or that we otherwise find objectionable.

Important Limitations on Your User Content:

  • Usernames/Handles. These are not considered part of your User Content; if your account is terminated, Banned may allow a new user to adopt your former username.
  • Persistence. Content shared or viewed by other users (including a pixelated version on the "History" tab, if applicable) may remain on Banned or in backups, archives, user downloads, or user shares even after you delete your account or specific content.
  • Marketing Use. By posting videos on Banned, you acknowledge and agree that we may use your videos in marketing materials, advertisements, promotional content, and other commercial purposes without providing additional compensation or attribution.

5. External Links

You may post or visit links to third-party websites or services through Banned. You do so at your own risk. We do not control or endorse them, and we assume no responsibility for them.

Please do not post links that violate these Terms or any laws.

6. Feedback

We appreciate feedback that helps us improve Banned. If you submit comments, suggestions, or other ideas ("Feedback"), then you grant us a perpetual, irrevocable, worldwide license to use your Feedback without any attribution or compensation to you.

We reserve the right to use and incorporate your Feedback without restriction, including for products or services developed independently without your Feedback.

7. Account Security

We actively maintain security measures to protect your account and content; however, no system is completely secure. You are responsible for safeguarding your account credentials and for any activity occurring under your account.

If you suspect unauthorized access, please contact us immediately.

8. Conditions of Access and User Conduct

You are solely responsible for the content you make available through Banned. You may not upload any content that is illegal, infringes on intellectual property or privacy rights, is harmful, harassing, defamatory, hateful, or otherwise objectionable.

You agree not to engage in any activity that could disrupt the Services and not to use Banned for unsolicited promotions, spam, or any unlawful purpose.

We reserve the right to investigate and take appropriate legal action (including account suspension or termination) against anyone who violates this section.

Additional examples of prohibited conduct include but are not limited to:

  • Impersonation, collecting personal information of minors, harvesting user data, interfering with networks, or engaging in malicious software distribution.
  • Circumventing bans, ignoring georestrictions, or data mining.
  • Accessing the Services if you are a direct competitor of our Company unless given explicit written permission.

9. Subscriptions and Fees (If Applicable)

Banned may offer enhanced or premium features ("Banned Plus" or similar) for a periodic subscription fee. The subscription will automatically renew until you cancel.

You must cancel your subscription at least 24 hours before the end of the current billing period to avoid being charged for the next period.

If a payment is unsuccessful or your billing information is invalid, we may suspend or terminate your access to the subscription features.

Refunds, if any, are handled by the applicable app store or payment provider. We do not offer refunds for unused subscription time unless required by law.

10. SMS Messages (If Applicable)

Banned may send you SMS messages for authentication or notifications. Message and data rates may apply.

You may terminate SMS messages at any time by replying "STOP."

Delivery constraints and carrier limitations may apply, and we owe no liability if messages are delayed or not delivered.

11. Intellectual Property Infringement

Banned respects the intellectual property rights of others and expects you to do the same.

If you believe that content on Banned infringes on your intellectual property rights (e.g., copyright, trademark), please send notice to our designated agent:

Oedipa, Inc.

ATTN: Copyright Manager

South Governors Avenue 1111B

Dover, DE, 19904 US

Email: contact@oedipa.co

Your notice must include:

  • A description or identification of the work you claim is infringed.
  • The specific content in question and how it allegedly infringes your rights.
  • Your contact information.
  • A statement, under penalty of perjury, that you are the rights holder or authorized to act on the rights holder's behalf.

We will respond to legitimate requests and, when appropriate, remove or disable access to infringing content.

12. Termination

We may suspend or terminate your access or license to use Banned at any time, for any reason, with or without notice.

If your account is terminated (by you or us), sections that by their nature should survive will remain valid (e.g., Disclaimers, Limitations of Liability, Arbitration, etc.).

13. Indemnity

You agree to indemnify and hold harmless Banned, Oedipa, Inc., and their officers, directors, employees, and agents from any claims, demands, or damages arising out of or related to your use of the Services, your User Content, or any violation of these Terms or our policies.

14. Disclaimers and Waiver

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

You acknowledge that User Content on Banned may be offensive, inaccurate, or improper. We do not pre-screen such content. You use the Service at your own risk.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BANNED AND OEDIPA, INC., INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THE USE OF THE SERVICE IS LIMITED TO THE GREATER OF $100 OR THE LOWEST AMOUNT PERMITTED BY LAW.

If you reside in the EEA, this limitation may not apply to you in certain circumstances, and our liability is limited to foreseeable damages arising from a breach of material contractual obligations.

16. Arbitration and Governing Law

If you're in the U.S., any dispute or claim connected to these Terms (including their enforceability) will be resolved by final, binding, and non-appealable arbitration, administered by the American Arbitration Association (AAA) under applicable Consumer Arbitration Rules, rather than in court.

Both parties waive the right to a trial by jury and to participate in a class action.

Claims must be arbitrated on an individual basis. You may opt out of arbitration within 30 days of first agreeing to these Terms by contacting us in writing.

If any claim is not arbitrable under the law or otherwise, you agree that such claim will be exclusively governed by the state or federal courts of [Your Preferred Jurisdiction], and by the laws of [Your Preferred State], without reference to conflict-of-laws principles.

17. App Store Terms

If you download the Banned app from the Apple App Store, you agree to comply with Apple's relevant Terms and acknowledge that Apple is not responsible for the app's maintenance, support, or claims.

18. Modifications to These Terms

We may update these Terms occasionally by posting the new terms on our website or in the app. Changes take effect immediately. Your continued use of the Services after such updates confirms your acceptance.

19. General Provisions

Assignment. We may assign or transfer these Terms; you may not assign them without our prior written consent.

Severability. If any provision is deemed unenforceable, all remaining terms remain valid.

No Waiver. Our failure to exercise or enforce any right under these Terms does not constitute a waiver.

Open Source. Some Banned features include open source software; using those features may be subject to separate open source licenses.

20. Contact Us

For questions or to report violations of these Terms, you can contact us at:

contact@oedipa.co

South Governors Avenue 1111B, Dover, DE, 19904 US

Thank you for using Banned! We hope you enjoy our platform while respecting these Terms.