Terms of Service
Effective Date: October 14, 2026
These Terms of Service govern access and use of the website, mobile application, competition platform, video-sharing features, account services, and related services operated by BANKINVIDEOS, LLC, a Florida limited liability company with a principal place of business at 11822 61st St., West Palm Beach, Florida 33412 (collectively, the “Platform”).
By creating an account, accessing the Platform, uploading content, entering a competition, or otherwise using the Platform, you agree to these Terms. If you do not agree to these Terms, do not access or use the Platform.
Article 1 — Definitions
I. “BankinVideos,” “Company,” “we,” “us,” and “our.” These terms mean BANKINVIDEOS, LLC, a Florida limited liability company.
II. “Competition.” “Competition” means a skill-based video competition offered through the Platform and conducted over a predetermined competition window, in which eligible users may submit video entries, each entry is tracked independently, and winners are determined by measurable performance criteria, including Watched-Time Data, without random chance.
III. “Entry.” “Entry” means a user-submitted video entered into a Competition, including its associated Entry ID, Event ID, metadata, and related submission information.
IV. “Platform.” “Platform” means the BankinVideos website, mobile application, video-sharing features, account services, Competition functionality, payment functionality, and related services, whether accessed through a website, mobile application, or other approved interface.
V. “User Content.” “User Content” means videos, profile content, comments, text, images, metadata, titles, thumbnails, and other materials that a user uploads, posts, submits, shares, transmits, or otherwise makes available through the Platform.
VI. “Watched-Time Data.” “Watched-Time Data” means the Platform’s verified measurement of viewing time for a Competition Entry during the applicable Competition period, as determined by BankinVideos’ systems, fraud-prevention measures, and applicable Competition rules.
Article 2 — Eligibility; Accounts; Access
I. Minimum age. You must be at least 13 years old to create an account or use the Platform. Competition entry is available only to users who are at least 18 years old.
II. Minors. If you are at least 13 but under 18, you may use the non-Competition features of the Platform only with the consent and supervision of a parent or legal guardian, and you may not enter Competitions, pay Competition entry fees, receive prizes, or submit payment or tax information.
III. United States availability and Export Controls. The Platform is intended for users located in the United States, and BankinVideos may use standard geolocation measures to restrict access from countries subject to U.S. sanctions or data-transfer restrictions. Only U.S. residents may create accounts, enter Competitions, and compete to win cash awards. Software enabling the Platform available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Platform or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Platform is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Platform, including as it concerns online conduct and acceptable content.
IV. Competition restricted jurisdictions. BankinVideos may block, restrict, suspend, or decline Competition entry in any state, territory, or jurisdiction where it determines that Competition participation is unavailable, unlawful, administratively impracticable, or subject to registration, bonding, licensing, tax, prize-promotion, or other requirements not then satisfied. Restricted jurisdictions are as identified in the applicable Competition rules, as updated from time to time.
V. Account registration. To create an account, you may be required to provide your first name, last name, email address, state, and password, and to complete email verification. BankinVideos may later require additional verification for Competition entry, fraud prevention, age verification, prize fulfillment, tax reporting, account security, or legal compliance.
VI. Account accuracy and security. You are responsible for maintaining accurate account information, protecting your password, and all activity occurring through your account. You may not share, sell, transfer, or permit unauthorized use of your account.
VII. Inactive accounts. BankinVideos may delete inactive accounts after 12 months of inactivity.
VIII. Account deletion. You may delete your account at any time. Upon deletion, BankinVideos will delete personal data and videos associated with the account, except for records retained for legal compliance, fraud prevention, payment, tax, security, backup, or dispute-resolution purposes.
IX. Operator and personnel ineligibility. BankinVideos and its owners, managers, members, officers, employees, contractors, agents, and any other person or entity involved in hosting, managing, operating, or supporting the Platform are prohibited from entering or participating in any Competition.
Article 3 — Platform Services
I. General video-sharing services. The Platform permits users to view, follow, share, and upload videos. Entering a Competition is optional and is not required to use the Platform’s general video-sharing features.
II. Feature evolution. BankinVideos may add, remove, suspend, modify, test, or discontinue features, limits, file types, video-duration limits, account categories, monetization options, payment options, Competition formats, or other Platform functionality at any time, subject to these Terms and applicable law.
III. Video limits. BankinVideos may impose video length, file-size, format, content, or technical limits.
IV. Social features. The Platform may include following and sharing features.
V. Third-party services. BankinVideos may use third-party service providers for payment processing, hosting, infrastructure, account functionality, security, and other operational support. Third-party providers operate under their own terms and privacy practices for data they process directly.
VI. Mobile Services. The Platform includes certain BANKINVIDEOS services that are available via a mobile device, including (i) the ability to upload content to the Platform via a mobile device, (ii) the ability to browse the Platform from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Platform through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding the BANKINVIDEOS Platform and Services by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your BANKINVIDEOS account information to ensure that your messages are not sent to the person that acquires your old number.
VII. Apple and Android Devices. The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Platform: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Service or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Service, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Service against you as a third-party beneficiary thereof.
Article 4 — User Content; Ownership; License
I. User ownership. As between you and BankinVideos, you retain ownership of your User Content, subject to the license granted in these Terms and any rights held by third parties.
II. License to operate the Platform. By uploading, posting, submitting, sharing, or entering User Content on or through the Platform, you grant BankinVideos a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, process, transcode, modify for technical formatting, create thumbnails and previews, publicly display, publicly perform, distribute, make available, transmit, promote, and otherwise use the User Content as reasonably necessary to operate, provide, secure, improve, market, and support the Platform and Competitions.
III. Competition license. If you submit User Content as an Entry, you authorize BankinVideos to use the Entry, associated public metadata, title, thumbnail, category, Entry ID, Event ID, performance data, and related information for Competition administration, scoring, anti-fraud review, winner determination, prize fulfillment, tax compliance, and promotional identification of winners and winning entries.
IV. Sublicensing to service providers. BankinVideos may sublicense User Content to service providers solely as reasonably necessary to host, transmit, secure, store, process, display, deliver, analyze, administer, or support the Platform, Competitions, payment functions, fraud-prevention processes, and prize fulfillment.
V. Marketing and publicity. BankinVideos may identify Competition winners and winning Entries and may use the winner’s name, username, likeness, public profile information, city and state, winning Entry, and prize information for Platform-related publicity, promotion, and marketing, except where prohibited by law or where additional consent is required.
VI. Deletion and residual copies. When you delete User Content or your account, BankinVideos will remove the content from active display subject to technical limitations, legal-retention requirements, fraud-prevention needs, backup cycles, cached copies, and content that has already been shared or used in connection with completed Competitions, winner announcements, compliance records, or disputes.
VII. Your responsibility for User Content. You represent and warrant that you own or have all rights necessary to submit, upload, share, display, license, and enter your User Content; that your User Content does not violate these Terms or any third-party rights; and that your User Content complies with all applicable laws and Competition rules.
Article 5 — Content Standards; Prohibited Conduct
I. Prohibited content. You may not upload, post, transmit, share, enter, promote, or otherwise make available User Content that:
A. is illegal, fraudulent, deceptive, defamatory, invasive of privacy, or otherwise unlawful;
B. promotes, depicts, or facilitates violence, credible threats, harassment, bullying, stalking, abuse, exploitation, or self-harm;
C. contains hate speech or discriminatory content;
D. contains sexually explicit, pornographic, adult, or obscene material;
E. depicts, solicits, exploits, endangers, or sexualizes minors, including child sexual abuse material;
F. infringes or misappropriates copyrights, trademarks, publicity rights, privacy rights, trade secrets, or other proprietary rights;
G. contains harmful misinformation or materially false content likely to cause harm;
H. consists of spam, unauthorized commercial solicitation, scams, or deceptive promotions;
I. contains malware, viruses, worms, malicious code, or instructions designed to compromise systems or data;
J. impersonates another person or entity or misrepresents affiliation, sponsorship, endorsement, identity, or source; or
K. otherwise violates these Terms, applicable Competition rules, or BankinVideos policies.
II. Prohibited conduct. You may not:
A. hack, probe, scan, scrape, crawl, data-mine, reverse engineer, disrupt, overload, interfere with, or attempt unauthorized access to the Platform;
B. use bots, scripts, automated viewing tools, click farms, coordinated manipulation, artificial engagement, fraudulent accounts, VPN manipulation, device farms, or other mechanisms intended to influence Watched-Time Data, engagement, rankings, eligibility, or Competition results;
C. manipulate, falsify, conceal, or interfere with account information, payment information, geolocation, age, identity, tax information, device information, or Competition metrics;
D. submit content you do not own or have authority to use;
E. evade suspension, termination, geoblocking, age restrictions, payment restrictions, or Competition restrictions;
F. engage in abusive, threatening, harassing, fraudulent, infringing, deceptive, unlawful, or platform-misusing behavior; or
G. use the Platform in any manner inconsistent with its intended purpose.
III. Moderation and enforcement. BankinVideos may, but is not obligated to, in its sole discretion, review, monitor, remove, restrict, label, deprioritize, disqualify, or disable access to any User Content, Entry, account, Competition activity, or Platform activity at any time if BankinVideos believes the content or activity violates these Terms, applicable Competition rules, law, third-party rights, Platform integrity, or user safety.
IV. Suspension or termination. BankinVideos, in its sole discretion, may suspend or terminate users who infringe intellectual property rights or violate these Terms, Competition rules, or content standards, and may permanently ban users for serious violations.
Article 6 — Competitions
I. Skill-based format. Competitions are skill-based events, not sweepstakes, lotteries, raffles, or games of random chance. Winners are determined solely by measurable performance criteria, including Watched-Time Data, with no random selection.
II. Optional participation. Users may use the Platform’s general video-sharing features without entering a Competition.
III. Eligibility to enter. To enter a Competition, you must have an account in good standing, be at least 18 years old, be a U.S. resident, be located in an eligible jurisdiction, satisfy all verification requirements, pay any required entry fee, submit eligible original content or content you are authorized to submit, and accept these Terms and any Competition-specific rules.
IV. Competition-specific rules. Each Competition may display specific rules, including entry limits, entry fees, duration, event size, payout amounts, categories, content requirements, and other terms before entry. Competition-specific rules are incorporated into these Terms. If Competition-specific rules conflict with these Terms, the Competition-specific rules control for that Competition only, except that eligibility, fraud-prevention, liability, dispute-resolution, and legal-compliance provisions of these Terms remain applicable unless expressly modified in writing by BankinVideos.
V. Entries and tracking. Each video upload entered into a Competition constitutes a separate Entry and may receive its own Entry ID and Event ID. Users may submit multiple videos to the same Competition unless the applicable Competition-specific rules provide otherwise. Each Entry is tracked and timed independently.
VI. No auto-play; intentional viewing. Competition videos do not play automatically. Users choose which videos to watch, and only intentional viewing time is credited toward an Entry’s Watched-Time Data.
VII. Unique viewer credit. Each Entry is eligible to earn a maximum of one (1) full viewing-time credit per individual viewer toward its total Watched-Time Data. Partial, non-sequential, or repeated views by the same individual will combine toward that single credit only. Creating or using multiple accounts to gain additional viewing-time credit for a single Entry is prohibited and may result in such Entry being disqualified from the Competition.
VIII. Winner determination. Unless the Competition-specific rules state otherwise, winners will be determined based on Watched-Time Data for each Entry during the applicable event period.
IX. Tie-breaker. If two or more Entries result in a tie, those Entries will enter a tie-breaker event. The Entry with the highest Watched-Time Data during the tie-breaker event will be the final winner for that Competition.
X. Independent events. Categories and events operate independently. Each event may begin once its entry limit is reached and ends when its predetermined duration is complete, subject to BankinVideos’ rights under these Terms and the applicable Competition-specific rules.
XI. Early start, modification, or closure. BankinVideos may, in its sole discretion, initiate, modify, extend, suspend, cancel, or close a Competition early if entry activity stalls, stops, fails to reach expected participation levels, threatens Platform integrity, creates administrative or technical issues, or otherwise affects the user experience. This includes triggering the start of a Competition before all entry slots are filled; provided that such early start shall not affect the advertised prize amounts for such Competition.
XII. Fraud and manipulation. BankinVideos may investigate, remove, disqualify, withhold prizes from, suspend, terminate, or take other action against any fraudulent, artificial, suspicious, coordinated, automated, or manipulative activity affecting Watched-Time Data, engagement, eligibility, payment, or Competition results, including bots, automated viewing tools, coordinated manipulation, or behavior intended to unfairly influence outcomes.
XIII. Prizes. Competition prizes will be set forth in the applicable Competition-specific rules.
XIV. Prize fulfillment. If the Competition prize includes a cash payment, BankinVideos is responsible for such payment, which will be processed through a third-party payment provider. Payments are expected to be issued within a reasonable time after Competition results are finalized, subject to verification, fraud review, tax documentation, payment-provider processing, and legal compliance.
XV. Taxes. Winners are solely responsible for all taxes associated with prizes. BankinVideos may request a completed Form W-9 once a participant’s total winnings reach $600 in a calendar year or before any payout that would cause the participant’s total winnings to exceed that amount. Further payouts may be suspended until required tax forms are received, and BankinVideos may issue year-end tax reporting forms for annual winnings.
XVI. Forfeiture. A prize may be forfeited if a potential winner is ineligible, fails verification, violates these Terms or Competition-specific rules, provides inaccurate information, fails to submit required tax or payment information, cannot be contacted, engages in fraud or manipulation, is located in a restricted jurisdiction, or if awarding the prize would violate law.
XVII. Final decisions. BankinVideos’ decisions regarding eligibility, Watched-Time Data, fraud review, Competition administration, disqualification, prize fulfillment, and winner determination are final and binding to the maximum extent permitted by law.
Article 7 — Fees; Payments; Refunds
I. Entry fees. Competition entry may require payment of an entry fee, as set forth and subject to change in Competition-specific rules.
II. Payment processing. Competition entry payments will be processed through a third-party payment provider. You authorize BankinVideos and its third-party payment providers to charge all fees, taxes, and other amounts associated with your selected purchases by entering a Competition.
III. Currency. All entry fees and award payments are processed in U.S. dollars.
IV. Final and non-refundable fees. All entry fees are final and non-refundable and non-creditable, subject to Section V below.
V. System errors and re-entry credits. BankinVideos is not responsible for billing errors, processor errors, network outages, or service interruptions caused by third-party processors or network providers; however, if BankinVideos verifies a system error affecting an Entry, it may offer a re-entry credit in its sole discretion.
Article 8 — Intellectual Property
I. Platform ownership. BankinVideos and its licensors own all rights, title, and interest in and to the Platform, including software, designs, interfaces, systems, workflows, databases, analytics, trademarks, service marks, trade names, logos, content created by BankinVideos, and all related intellectual property, excluding User Content. Nothing contained on the Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of BankinVideos’ intellectual property contained therein without our expressed written consent or unless expressly stated herein.
II. Limited license to users. Subject to these Terms, BankinVideos grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for personal, lawful, non-commercial use and, if eligible, Competition participation. No other rights or licenses are granted.
III. Restrictions. You may not copy, modify, distribute, sell, lease, license, reverse engineer, decompile, frame, scrape, mirror, or exploit any portion of the Platform except as expressly permitted by these Terms.
IV. Feedback. If you submit ideas, suggestions, bug reports, or feedback, you grant BankinVideos a perpetual, irrevocable, worldwide, royalty-free right to use them without restriction or compensation.
V. Copyright Complaints. We respect the intellectual property rights of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to BANKINVIDEOS LLC as specified below:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed upon;
c. A description of where the material that you claim is infringing is located on the BANKINVIDEOS Platform;
d. Your address, telephone number, and e-mail address;
e. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You may send any notices, including notices of copyright infringement under the Digital Millennium Copyright Act, to us at BANKINVIDEOS, LLC, 11822 61st St., West Palm Beach, Florida 33412, email: Support@bankinvideos.app. Please note that this procedure is exclusively for notifying us that your copyrighted material may have been infringed. All intellectual property infringement claims shall be made under penalty of perjury.
THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT.
Article 9 — Third-Party Platforms and External Sharing
I. External sharing. If you choose to share content externally, only the selected video or post and associated public metadata, such as title, thumbnail, and category, are transmitted to the destination platform. BankinVideos does not share personal information, account details, or behavioral data with third-party social platforms as part of user-initiated sharing.
II. No embedded third-party feeds. The Platform does not currently embed third-party content or feeds, although users may upload their own videos, including videos originally posted on other platforms, if they have the necessary rights.
III. Third-party terms. Your use of third-party services, including payment processors and destination platforms for sharing, is governed by those third parties’ terms and privacy practices. BankinVideos is not responsible for third-party services, content, acts, omissions, security, availability, or privacy practices.
Article 10 — Privacy; Security; Data
I. Privacy Policy. BankinVideos’ collection, use, retention, disclosure, and protection of personal information are described in the BankinVideos Privacy Policy, which is incorporated into these Terms.
II. Security. BankinVideos uses reasonable technical and organizational safeguards, including encryption for data in transit and at rest, limited access for authorized staff, and regular security reviews.
III. No absolute security. No platform, network, transmission, storage system, or security measure is completely secure. You are responsible for using strong passwords, maintaining account security, and promptly notifying BankinVideos of suspected unauthorized access.
Article 11 — Suspension; Termination
I. Suspension or termination by BankinVideos. BankinVideos, in its sole discretion, may suspend, restrict, or terminate your account, remove User Content, disqualify Entries, withhold prizes, or restrict access to the Platform if you violate these Terms, engage in fraudulent activity, misuse the Platform, infringe rights, abuse other users, compromise security, manipulate Competitions, or create legal, safety, operational, or reputational risk.
II. Effect of termination. Upon termination, your right to use the Platform ceases immediately. Sections concerning User Content licenses, Competition records, payments, taxes, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and other provisions that by their nature should survive will survive termination.
III. User deletion. User-initiated account deletion is governed by Article 2, Section VIII and the Privacy Policy.
Article 12 — Disclaimers
I. Platform provided as is. The Platform, User Content, Competitions, Watched-Time Data, rankings, and services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, statutory, or otherwise. BankinVideos does not warrant that the Platform will be uninterrupted, error-free, secure, scalable, compatible with all devices, free of harmful components, or available in all jurisdictions. BankinVideos does not guarantee views, engagement, rankings, winnings, prize eligibility, audience growth, account performance, or Competition outcomes.
II. User Content disclaimer. BankinVideos is not responsible for User Content or for interactions between users. User Content reflects the views and responsibility of the user who submitted it, not BankinVideos.
III. Competition data. BankinVideos uses Platform systems and fraud-prevention measures to determine Watched-Time Data, but technical errors, outages, suspicious activity, or integrity concerns may require review, adjustment, disqualification, cancellation, or other corrective action.
Article 13 — Limitation of Liability
I. Excluded damages. To the maximum extent permitted by law, BankinVideos and its owners, managers, members, officers, employees, contractors, service providers, licensors, and agents will not be liable for indirect, incidental, consequential, special, exemplary, punitive, enhanced, or similar damages, or for lost profits, lost revenue, lost business, lost data, lost goodwill, service interruption, device damage, unauthorized access, content loss, Competition disappointment, or inability to use the Platform EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM AND/OR CONTENT IS TO CEASE ALL OF YOUR PLATFORM USE.
II. Liability cap. To the maximum extent permitted by law, BankinVideos’ total aggregate liability arising out of or relating to the Platform, these Terms, User Content, Competitions, fees, prizes, or any related transaction will not exceed $100.
III. Scope. The limitations in this Article apply regardless of legal theory, whether in contract, tort, negligence, strict liability, warranty, statute, or otherwise, even if a remedy fails of its essential purpose.
Article 14 — Indemnification
I. User indemnity. You will defend, indemnify, and hold harmless BankinVideos and its owners, managers, members, officers, employees, contractors, service providers, licensors, and agents from and against all claims, demands, proceedings, damages, losses, liabilities, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to your User Content, Entries, Competition participation, violation of these Terms, misuse of the Platform, infringement or misappropriation of rights, fraud, manipulation, unlawful conduct, tax obligations, or dispute with another user.
II. Control of defense. BankinVideos may assume control of any defense at your expense if it determines that your defense could affect its rights, reputation, Platform integrity, or legal obligations. You may not settle any claim imposing liability, admission, restriction, or obligation on BankinVideos without its prior written consent.
Article 15 — Governing Law; Disputes
I. Governing law. These Terms, and any dispute, claim, or controversy arising out of or relating to the Platform, Competitions, User Content, payments, prizes, these Terms, or the parties' relationship, are governed by and construed in accordance with the internal laws of the State of Florida, without regard to its conflict-of-laws principles, and, except for matters subject to the mandatory arbitration provisions below, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Palm Beach County, Florida.
II. Mandatory Arbitration. To the fullest extent permitted by law, BankinVideos and each person or entity that accesses or uses the Website, creates an account, purchases, downloads, installs, accesses, or uses the Platform, Competitions, User Content, payments, prizes, or otherwise accepts these Terms agree that any dispute, claim, or controversy arising out of or relating to the Platform, Competitions, User Content, payments, prizes, these Terms, or any related transaction, or the parties’ relationship, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be resolved exclusively by final and binding arbitration, rather than in court, except as expressly provided in this Section.
III. Federal Arbitration Act. This Section evidences a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Section, including any claim that all or any part of this Section is void or voidable.
IV. Arbitration Procedures. The arbitration shall be administered by American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by this Section. The arbitration shall be conducted by a single neutral arbitrator in West Palm Beach, Florida, unless the parties agree to a remote, telephone, or documents-only proceeding, or unless the applicable rules require a different location or procedure. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.
V. Individual Basis Only. The parties shall arbitrate only on an individual basis. Neither party may bring or participate in any class, collective, consolidated, private attorney general, or representative action in arbitration or in court, except where this waiver is prohibited by applicable law. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim.
VI. Pre-Arbitration Notice. Before initiating arbitration, the party seeking arbitration shall provide written notice describing the claim and the requested relief. Notices to BankinVideos, LLC shall be sent to Support@bankinvideos.app. Notices to a user shall be sent to the email address or other contact information associated with the user’s account or transaction. The parties shall attempt in good faith to resolve the dispute for thirty (30) days after notice is received.
VII. Exceptions. Either party may bring an individual claim in small claims court if the claim qualifies. Either party may also seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect its intellectual property rights, confidential information, account security, or the security or integrity of the Website or the Software, without waiving arbitration of the underlying dispute.
VIII. Fees and Costs. Arbitration fees and costs shall be allocated in accordance with the rules of AAA, unless applicable law requires a different allocation. Each party shall bear its own attorneys’ fees and costs unless the arbitrator awards fees or costs under applicable law or the governing agreement.
IX. Severability. If any part of this Section is found unenforceable, that part shall be severed to the minimum extent necessary, and the remaining parts shall remain in effect, except that if the class, collective, consolidated, private attorney general, or representative action waiver in the Individual Basis Only section above is found unenforceable as to a particular claim or request for relief, that claim or request for relief shall proceed in court and not in arbitration, while all remaining claims shall be arbitrated.
X. Equitable relief. Notwithstanding any dispute-resolution provision, BankinVideos may seek injunctive, equitable, or other relief in any court of competent jurisdiction to protect its intellectual property, confidential information, security systems, license controls, or Website integrity.
Article 16 — Platform and Terms Updates
I. Updates. We reserve the right to amend these Terms. Revised Terms take effect upon posting, and continued use of the Platform indicates acceptance.
Article 17 — Notices and Contact
I. User notices. BankinVideos may provide notices by email, in-app notice, account message, push notification, or other reasonable electronic means.
II. Contact information. Customer inquiries and legal notices may be directed to BANKINVIDEOS, LLC, 11822 61st St., West Palm Beach, Florida 33412, email: Support@bankinvideos.app.
Article 18 — Miscellaneous
I. Entire agreement. These Terms, the Privacy Policy, any Cookie Policy, and any Competition-specific rules constitute the entire agreement between you and BankinVideos concerning the Platform.
II. Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid or unenforceable provision will be enforced to the maximum extent permitted by law.
III. Assignment. You may not assign these Terms without BankinVideos’ prior written consent. BankinVideos may assign these Terms in connection with a merger, acquisition, sale of assets, financing, reorganization, or transfer of Platform operations.
IV. No waiver. BankinVideos’ failure to enforce any provision is not a waiver of its right to do so later.
V. Headings. Headings are for convenience only and do not affect interpretation.