Terms of Service

Last Updated: January 2025

1. Acceptance of Terms

By accessing or using BingeBracket ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Description of Service

BingeBracket is a web application that allows users to:

Participate in movie and TV show tournaments
Create custom tournaments
Track tournament statistics and achievements
Share tournament results
Discover streaming content

The Service is provided free of charge and may display advertisements or offer premium features in the future.

⚠️ Beta Service Notice

BingeBracket is currently in active development (beta). This means:

Features may change or be removed without notice
The service may experience bugs, errors, or downtime
Data structures and functionality are subject to change
We are actively improving and updating the platform

By using this beta service, you acknowledge and accept these limitations. We appreciate your patience and feedback as we continue to develop BingeBracket!

3. User Accounts

3.1 Account Creation

You may use the Service anonymously or create an account
You must provide accurate information when creating an account
You are responsible for maintaining the security of your account
You must be at least 13 years old to create an account

3.2 Account Security

You are responsible for all activity under your account
Notify us immediately of any unauthorized access
We are not liable for losses due to stolen or compromised credentials

3.3 Account Termination

You may delete your account at any time
We may suspend or terminate accounts that violate these Terms
Upon termination, your data will be deleted per our Privacy Policy

4. User Conduct

You agree NOT to:

Violate any laws or regulations
Impersonate others or provide false information
Harass, abuse, or harm other users
Attempt to hack, exploit, or disrupt the Service
Use automated tools (bots, scrapers) without permission
Upload malicious code or viruses
Spam or send unsolicited communications
Reverse engineer or copy the Service

5. User-Generated Content

5.1 Custom Tournaments

You retain ownership of custom tournaments you create
By making tournaments public, you grant us a license to display and share them
You are responsible for ensuring your content doesn't infringe others' rights

5.2 Prohibited Content

Custom tournaments must NOT contain:

Copyrighted material you don't have rights to use
Offensive, hateful, or discriminatory content
Pornographic or sexually explicit content
Content promoting violence or illegal activities
Spam or misleading information

5.3 Content Removal

We reserve the right to remove content that violates these Terms
We are not responsible for user-generated content
We do not pre-screen content but may review reported content

6. Intellectual Property

6.1 Our Rights

BingeBracket name, logo, and design are our trademarks
The Service's code, features, and functionality are our property
You may not copy, modify, or redistribute our intellectual property

6.2 Third-Party Content

Movie data and images are provided by TMDB (The Movie Database)
Streaming provider data is provided by JustWatch
This service uses the TMDB API but is not endorsed or certified by TMDB
All movie titles, images, and metadata belong to their respective copyright holders

6.3 Fair Use

We display movie information for informational purposes under fair use
We do not host or stream copyrighted video content
Links to streaming services are provided for user convenience

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Warranties of merchantability or fitness for a particular purpose
Warranties of accuracy or completeness of content
Warranties of uninterrupted or error-free service

We do not guarantee:

The Service will always be available or error-free
Movie data is always accurate or up-to-date
Streaming availability information is current
Your data will never be lost (though we take reasonable precautions)

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

We are not liable for any indirect, incidental, or consequential damages
Our total liability is limited to $100 or the amount you paid us (whichever is greater)
We are not responsible for third-party services (TMDB, JustWatch, streaming platforms)

You use the Service at your own risk.

9. Indemnification

You agree to indemnify and hold harmless BingeBracket, its operators, and affiliates from any claims, damages, or expenses (including legal fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any third-party rights
Content you submit to the Service

10. Privacy

Your use of the Service is subject to our Privacy Policy. By using the Service, you consent to our collection and use of data as described in the Privacy Policy.

11. Third-Party Services

The Service integrates with third-party services:

TMDB API: For movie data (subject to TMDB's terms)
JustWatch: For streaming provider information
Google OAuth / Apple Sign-In: For authentication
Heroku: For hosting

We are not responsible for these third-party services and their terms govern your use of them.

12. Changes to the Service

We reserve the right to:

Modify or discontinue features at any time
Change pricing (with notice for paid features)
Update these Terms (we'll notify you of material changes)
Impose usage limits or quotas

13. Changes to Terms

We may update these Terms from time to time. Changes will be effective:

Immediately upon posting for minor changes
30 days after notification for material changes

Your continued use after changes constitutes acceptance. If you don't agree with changes, stop using the Service and delete your account.

14. Termination

We may terminate or suspend your access immediately, without notice, for:

Violation of these Terms
Fraudulent or illegal activity
Abusive behavior toward other users or our team
Any reason at our sole discretion

Upon termination:

Your right to use the Service ceases immediately
We may delete your account and data per our Privacy Policy
Provisions that should survive (liability limitations, indemnification) remain in effect

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of Washington, DC, USA, without regard to conflict of law principles.

15.2 Arbitration

Any disputes will be resolved through binding arbitration rather than in court, except:

Small claims court disputes
Intellectual property disputes
Injunctive relief requests

15.3 Class Action Waiver

You agree to resolve disputes individually, not as part of a class action or consolidated proceeding.

16. Miscellaneous

16.1 Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and BingeBracket.

16.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

16.3 No Waiver

Our failure to enforce any right doesn't waive that right.

16.4 Assignment

You may not transfer your rights under these Terms. We may assign our rights to any successor.

16.5 Force Majeure

We are not liable for failures due to circumstances beyond our reasonable control (natural disasters, internet outages, etc.).

17. Contact Us

We value communication with our users. Please contact us for any questions, concerns, or issues:

General Inquiries

Email: kate@bingebracket.com
Website: https://www.bingebracket.com

Legal & Copyright Issues

For legal matters, copyright concerns, or intellectual property issues:

Email: kate@bingebracket.com
Subject Line: Please include "LEGAL" or "COPYRIGHT" in your subject line for priority handling

We take copyright and legal concerns seriously. If you believe any content on BingeBracket:

Infringes your copyright or trademark
Violates your intellectual property rights
Contains unauthorized use of your materials
Raises any other legal concerns

Please contact us immediately at the email above. We commit to responding to all legitimate legal inquiries within 48 business hours and will work promptly to address any valid concerns.

Bug Reports & Technical Issues

Found a bug or experiencing technical difficulties?
Email: kate@bingebracket.com with "BUG REPORT" in the subject line

Feedback & Suggestions

We'd love to hear your ideas for improving BingeBracket!
Email: kate@bingebracket.com

18. DMCA Copyright Notice

If you believe content on BingeBracket infringes your copyright under the Digital Millennium Copyright Act (DMCA), please provide a written notice containing:

Your contact information (name, address, phone, email)
Identification and description of the copyrighted work claimed to be infringed
Identification of the material claimed to be infringing and its location on our site
A statement that you have a good faith belief that the use is not authorized by the copyright owner
A statement under penalty of perjury that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner
Your physical or electronic signature

Send DMCA notices to: kate@bingebracket.com
Subject Line: "DMCA Takedown Notice"

We will respond to valid DMCA notices in accordance with the Digital Millennium Copyright Act and may remove or disable access to allegedly infringing content.

Counter-Notification: If you believe content was removed in error, you may submit a counter-notification as provided under the DMCA.

Acknowledgment

BY USING BINGEBRACKET, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.