Last Modified: May 25, 2018
If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity. If you do not actively agree to this agreement, then you have no right to access, participate in the Program, or use the Advertise.com website or related services.
- Agreement. These Terms and Conditions specify the terms and conditions for access to and use of http://www.dailybananas.com (the “Site”) and describes the terms and conditions applicable to your access of, and use of the Site. This Agreement may be modified at any time by Daily Bananas upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these Terms and Conditions at any time at http://www.dailybananas.com/terms-of-use. You acknowledge and understand that Daily Bananas makes use of affiliate relationships with merchants, and that Daily Bananas receives compensation to advertise products and/or services on behalf of affiliate advertisers. The advertisements that appear on the Site are provided by third parties and Daily Bananas does not endorse the products and/or services in the advertisements. These advertising companies are not affiliated with Daily Bananas. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
- Your Personal Data Obligations
- Data Communications Security
You acknowledge and agree email communications are generally not an encrypted form of communication, and we shall not be responsible for any interception of Data by third parties, that is sent to us by way of email or other form of unencrypted electronic communication.
- Cooperation for Regulatory Compliance
Influencer shall provide reasonable assistance to us immediately upon request to enable us to respond to requests from data subject(s) seeking to exercise their rights under GDPR, or similar applicable data protection laws, rules, or regulations.
- Prohibited Data
In no event shall Influencer send us any data that is generally considered highly sensitive or falls under the “special categories of personal data” under the GDPR. This includes, but is not limited to, personal data revealing racial or ethnic origin, religious beliefs, genetic data, data concerning a person’s health, a person’s sexual orientation, trade union membership, or biometric data.
- Ownership. You acknowledge and agree that the services provided by this Site (“Service”) and any necessary software used in connection with any Service (“Software”) contain proprietary and confidential information that is the property of Daily Bananas and its licensors, and is protected by applicable intellectual property and other laws. No rights or title to any of the Software used in connection with any Service is provided, transferred or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through any Service or advertisers is protected by copyright, trademarks, service marks, patents, or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
- Intended Audience. YOU MUST BE AT LEAST 18 YEARS OF AGE, OR THE AGE OF MAJORITY IN YOUR JURISDICTION, WHICHEVER IS GREATER, TO ACCESS AND USE THIS SITE. IF YOU ARE 18 YEARS OR YOUNGER, DO NOT USE THIS SERVICE FOR ANY PURPOSE.
- Trademarks. You acknowledge Daily Bananas’s exclusive rights in the Daily Bananas trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing in this Site are the property of Daily Bananas or the party that provided such intellectual property to Daily Bananas. Daily Bananas and any party that provides intellectual property to Daily Bananas, retain all rights with respect to any of their respective intellectual property appearing in this Site, and no rights in such materials are transferred or assigned to you.
- Site Use. Daily Bananas is for your personal and non-commercial use, unless otherwise specified. You may not use any Service provided by the Site for any other purpose, including any commercial purpose. Daily Bananas grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer, break into the site, or use materials, products or services in violation of any law. The use of this Site is at the discretion of Daily Bananas and Daily Bananas may suspend and/or terminate your use of this Site at any time.
- Submissions. You hereby grant to Daily Bananas a royalty-free, perpetual, irrevocable, worldwide, exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, comments, suggestions, ideas, graphics, or other information communicated by you to Daily Bananas through this Site (hereinafter, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that Daily Bananas will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in our future company operations or business. You represent and warrant each Submission is your original work of authorship and the license granted above does not violate any other license grant to any third party or entity. You are solely responsible for ensuring your Submission does not violate the intellectual property rights of a third party or entity, and Daily Bananas will immediately remove your Submission and reserves all legal remedies available to it, whether in law or in equity, if it is discovered your Submission infringes the intellectual property rights of a third party or entity.
- Hyperlinking. This Site may be hyperlinked to and by other websites, which are not maintained by, or related to, Daily Bananas. Hyperlinks to such sites are provided as a service to Users and are not sponsored by, endorsed or otherwise affiliated with Daily Bananas. Daily Bananas has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from Daily Bananas to another web page should be accessed at the User’s own risk. Daily Bananas makes no representations or warranties about the content, completeness, quality or accuracy of any such website.
- Use of Communication Services. The Site may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages, and content that are considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this Site, or cause to be posted, sent, submitted, published or transmitted, any material that:
(i) you do not have the right to post, including any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
(ii) advocates illegal activity, discusses an intent to commit an illegal act or violates any law;
(iii) is vulgar, obscene, pornographic, or indecent;
(iv) threatens or abuses others;
(v) is libelous or defamatory towards others;
(vi) is racist, abusive, harassing, threatening or offensive;
(vii) seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
(viii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;
(ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
(x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);
(xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
(xii) solicits funds, advertisers, or sponsors for any purpose;
(xiii) includes programs that contain viruses, worms, trojan horses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device;
(xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities via this Site;
(xv) amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;
(xvi) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this Site or any networks connected to this Site; or
(xvii) contains hyperlinks to other sites that contain content that falls within the scope of this Section 9.
You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction, and/or dissemination, and you are responsible for abiding by such limitations with respect to your Submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither Daily Bananas, nor any third party that provides content to Daily Bananas, will assume or have any liability for any action made by Daily Bananas or such third party with respect to any Submission.
You acknowledge that the Site may or may not pre-screen any materials uploaded to the Communication Service and that Daily Bananas and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, remove, or delete any content that violates this Agreement or is otherwise objectionable as determined by the Site in its sole discretion.
The Site reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Communication Services (or any part thereof) with or without notice. You agree that the Site will not be liable to you or any third party for any modification, suspension or discontinuance of the Communication Services.
WHILE THE SITE EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, AND THAT THE SITE SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.
YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF COMMUNICATIONS SERVICES VIOLATES ANY OF THE ABOVE CONDUCT, Daily Bananas CAN TERMINATE YOUR USE OF THE SITE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR A HEARING.
- Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
- Indemnification. You agree to indemnify and hold Daily Bananas, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you, directly or indirectly, and any third party claims regarding any of your Submission(s) to the Site. You agree that the Indemnified Parties will have no liability in connection with any such breach or Submission, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or Service accessed from this Site.
- Disclaimer. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. ANY SERVICE AND/OR INFORMATION PROVIDED BY THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. DAILY BANANAS DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. DAILY BANANAS DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THIS SITE OR ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DAILY BANANAS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SERVICE OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND DAILY BANANAS MAY MAKE CHANGES OR IMPROVEMENTS TO THE SITE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE, ANY SERVICE, OR ITS CONTENT. DAILY BANANAS MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE SITE.
- Limitation of Liability. DAILY BANANAS, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF DAILY BANANAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR DAILY BANANAS WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF DAILY BANANAS AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED $100.00, IN UNITED STATES CURRENCY.
You may have additional rights under certain laws (including consumer laws), which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
- Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, 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.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:
By E-mail: [email protected]
- Applicable Law. If there is any dispute about or involving the Site or the Terms and Conditions, you agree that any dispute shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of Los Angeles, California.
- Arbitration. The Parties hereby agree to waive their right to a jury trial and agree to submit any dispute(s) that may arise in relation to this Agreement to binding arbitration before a single arbitrator. The Parties also agree as stated in Section 18 below, to initiate arbitration procedures within one (1) year of the circumstances that give rise to such claim or cause of action. The arbitration shall be conducted in accordance with California Code of Civil Procedure section 1280 et. seq. All arbitration-related hearings shall be conducted in Los Angeles, CA. The arbitrator shall be from the Southern California area and the arbitrator will be selected by the mutual agreement of the Parties and/or their respective counsel. If agreement cannot be reached between the parties as to the selection of the single arbitrator, then each side shall propose three (3) potential arbitrators to the Superior Court of California in Los Angeles – Northwest District (Van Nuys, Ca.) as part of a Petition to the Court that shall be filed jointly by the Parties for the purpose of resolving the sole issue of arbitrator selection. The Superior Court will select the single arbitrator from the potential arbitrators proposed by the Parties. Once selected, the Arbitrator shall be empowered to hear and resolve any and all issues related to the dispute. The Arbitrator shall issue rulings, decisions, orders, judgments and permanent injunctions as applicable and appropriate. The prevailing Party in any such action shall be entitled to recover its reasonable attorneys’ fees and costs incurred in litigating or otherwise settling or resolving such action.
Notwithstanding the forgoing, the Parties agree that nothing herein shall be deemed to waive, preclude, or otherwise limit Our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
A Party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that We do not have a physical address on file for You, by electronic mail (“Notice”). Daily Bananas’s address for Notice is: Attention: Legal, 15445 Ventura Blvd., #318, Sherman Oaks, CA, 91403. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Daily Bananas may commence an arbitration proceeding.
You specifically agree that any claim or cause of action you may have arising out of this Agreement will be brought only in your individual capacity. You agree and acknowledge that you will not be a Party, class member, or representative of any class action proceedings against us. Also, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Time Limit to File Claims. Any claim or cause of action relating to or pertaining to this Agreement must be arbitrated as set out in 17 above within one (1) year of the occurrence giving rise to the claim or cause of action. This time limitation applies to all terms and conditions set out in this Agreement. All claims or causes of action not initiated within the time restriction as set forth in this Section 18 are permanently barred.
- Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
- Waiver. The failure of Daily Bananas to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Daily Bananas must be in writing and signed by an authorized representative of Daily Bananas.
- Modification and Termination of the Site. Daily Bananas reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any Service provided by the Site (or any part thereof) with or without notice to you, unless you are a resident or entity established in the European Economic Area, and/or are subject to the protections of GDPR, in which case, we will provide you will prior written notice and you must provide your active consent to continue using the Site. You agree that Daily Bananas will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site or any Service.
- Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
- Contact Information.
15445 Ventura Blvd., #318
Sherman Oaks, CA, 91403