Terms & Conditions
Please read this Agreement carefully before accessing or using the web site. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the web site or use any services. If these terms and conditions are considered an offer by Banner Beast.com, acceptance is expressly limited to these terms.
1. Your Banner Beast.com Account. You are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Banner Beast of any unauthorized uses of your account or any other breaches of security. Banner Beast.com will not be liable for any acts by You, including any damages of any kind incurred as a result of you using any of our services.
2. Responsibility of Contributors. If you post material to the Web site, post links on the Web site, or otherwise make (or allow any third party to make) material available by means of the Web site (any such material), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, and does not contain unethical content to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Banner Beast or otherwise. By submitting Content to Banner Beast for inclusion in any of our services, you grant Banner Beast.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your account. If you delete Content, Banner Beast will use reasonable efforts to remove it from the Web site, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Banner Beast has the right (though not the obligation) to, in Banner Beast's sole discretion (i) refuse or remove any content that, in Banner Beast's reasonable opinion, violates any Banner Beast policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Web site to any individual or entity for any reason, in Banner Beast's sole discretion. Banner Beast will have no obligation to provide a refund of any amounts previously paid.
3. Fees and Payment. Optional premium paid services and or products available on the Web site. By selecting a premium service you agree to pay Banner Beast the monthly or annual subscription fees (or fee as) indicated for that service. Payments will be charged on the day you sign up for a premium service or purchase a product and will cover the use of that service / Product for a monthly, annual or lifetime period as indicated. Premium service fees & Monies paid for products are not refundable due to aml regulations and the digital nature of said product & services.
4. Unacceptable Use. The following activities are strictly prohibited, with no exceptions:
- Violations of the rights of any person or company protected by copyright, trade secret, patent or other intellectual property, or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use.
- Effecting security breaches. Security breaches include, but are not limited to, accessing data of which the member/user is not an intended recipient. Port scanning or security scanning is expressly prohibited unless prior notification to Banner Beast is made.
- Disruption of network communication and or Interfering with or disruption of service to any user. (for example, denial of service attack). For purposes "disruption" includes, but is not limited to, unreasonable amounts of traffic, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious / non-malicious purposes.
- Distribution of images and file types known to be used for malicious purposes. (for example ade, .adp, .and, .av, .ana, .bas, .bat, .crc, .cer, .chm, .cmd, .cnt, .cpl, .crt, .csh, .dat, .exe, .exp, .fwl, .fxp, .hash, .hta, .inf, .ins, .isp, .its, .js, .jse, .ksh, .msi, .msp, .nmap, .ocx, .onion, .reg, .tor, .vminer, .vddos, .vbrk)
5. Responsibility of Web site Visitors. Banner Beast has not reviewed, and cannot review, all of the material, including computer software, posted to the Web site, and cannot therefore be responsible for that material's content, use or effects. By operating the Web site, Banner Beast does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Web site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Web site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Banner Beast disclaims any responsibility for any harm resulting from the use by visitors of the Web site, or from any downloading by those visitors of content there posted.
6. Content Posted on Other Web sites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the web sites and web pages to which Banner Beast.com links, and that link to Banner Beast.com. Banner Beast does not have any control over those non-Banner Beast web sites and web pages, and is not responsible for their contents or their use. By linking to a non-Banner Beast web site or web page, Banner Beast does not represent or imply that it endorses such web site or web page. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Banner Beast disclaims any responsibility for any harm resulting from your use of non-Banner Beast web sites and web pages.
7. Copyright Infringement. As Banner Beast asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Banner Beast.com violates your copyright, you are encouraged to notify Banner Beast. Banner Beast will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Banner Beast or others, Banner Beast may, in its discretion, terminate or deny access to and use of the Web site. In the case of such termination, Banner Beast will have no obligation to provide a refund of any amounts previously paid to Banner Beast.
8. Intellectual Property. This Agreement does not transfer from Banner Beast to you any Banner Beast or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Banner Beast. Banner Beast.com, the Banner Beast.com logo, and all other trademarks, service marks, graphics and logos used in connection with Banner Beast.com, or the Web site are trademarks or registered trademarks of Banner Beast or Banner Beast licensees. Other trademarks, service marks, graphics and logos used in connection with the Web site may be the trademarks of other third parties. Your use of the Web site grants you no right or license to reproduce or otherwise use any Banner Beast or third-party trademarks.
9. Changes. Banner Beast reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Web site following the posting of any changes to this Agreement constitutes acceptance of those changes. Banner Beast may also, in the future, offer new services and/or features through the Web site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
10. Termination. Banner Beast may terminate your access to all or any part of the Web site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Banner Beast.com account (if you have one), you may simply discontinue using the Web site. Notwithstanding the foregoing, if you have a Premium Services account, such account can only be terminated by Banner Beast if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Banner Beast notice to you thereof; provided that, Banner Beast can terminate the Web site immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties. The Web site is provided "as is". Banner Beast and its suppliers and licensees hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Banner Beast nor its suppliers and licensees, makes any warranty that the Web site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Web site at your own discretion and risk.
12. Limitation of Liability. In no event will Banner Beast, or its suppliers or licensees, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interpretation of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to Banner Beast under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. Banner Beast shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14. Indemnification. You agree to indemnify and hold harmless Banner Beast, its contractors, and its licensees, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Web site, including but not limited to out of your violation this Agreement.
15. Miscellaneous. This Agreement constitutes the entire agreement between Banner Beast and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Banner Beast, or by the posting by Banner Beast of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Web site will be governed by the laws of the state of Western Australia, Australia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Perth, Australia. Except for claims for injunction or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (JAMS) by three arbitrators appointed in accordance with such Rules.
The arbitration shall take place in [ Change Me to Your Location ], in the English language and the arbitrary decision may be enforced in any court.
The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
This Agreement will be binding upon account activation and will inure to the benefit of the parties, their successors and permitted assigns.