Terms Of Use
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Bandana.com (“we,” “us” or “our”), concerning your access to and use of the Bandana.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing Bandana.com you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using Bandana.com, and you must discontinue use immediately
Supplemental Terms of Use or documents that may be posted on Bandana.com from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason
We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of Bandana.com after the date such revised Terms of Use
are posted.
The information provided on Bandana.com is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or
country.
Accordingly, those persons who choose to access Bandana.com from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Bandana.com is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use Bandan.com. If you are a minor, you must have
your parent or guardian read and agree to these Terms of Use prior to you using Bandana.com
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, Bandana.com is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on Bandana.com (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on Bandana.com “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of Bandana.com and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use Bandana.com, you are granted a limited license to access and use Bandana.com and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non commercial use. We reserve all rights not expressly granted to you in and to Bandana.com, the Content, and the Marks.
USER REPRESENTATIONS
By using Bandana.com, you represent and warrant that:
All registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary:
1. You have the legal capacity and you agree to comply with these Terms of Use;
2. You are not under the age of 13;
3. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use Bandana.com;
4. You will not access Bandana.com through automated or non-human means, whether through a bot, script, or otherwise;
5. You will not use Bandana.com for any illegal or unauthorized purpose;
6. Your use of Bandana.com will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of Bandana.com (or
any portion thereof).
USER REGISTRATION
You may be required to register with Bandana.com. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use Bandana.com for any purpose other than that for which we make Bandana.com available. Bandana.com may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of Bandana.com, you agree not to:
2. Make any unauthorized use of Bandana.com, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Use a buying agent or purchasing agent to make purchases on Bandana.com.
4. Use Bandana.com to advertise or offer to sell goods and services.
5. Circumvent, disable, or otherwise interfere with security-related features of Bandana.com, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of Bandana.com and/or the Content contained therein.
6. Engage in unauthorized framing of or linking to Bandana.com
7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
8. Make improper use of our support services or submit false reports of abuse or misconduct.
9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. Interfere with, disrupt, or create an undue burden on Bandana.com or the networks or services connected to Bandana.com.
11. Attempt to impersonate another user or person or use the username of another user.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from Bandana.com in order to harass, abuse, or harm another person.
14. Use Bandana.com as part of any effort to compete with us or otherwise use Bandana.com and/or the Content for any revenue-generating endeavor or commercial enterprise.
15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of Bandana.com.
16. Attempt to bypass any measures of Bandana.com designed to prevent or restrict access to Bandana.com, or any portion of Bandana.com.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of Bandana.com to you.
18. Delete the copyright or other proprietary rights notice from any Content.
21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or
active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses Bandana.com, or using or launching any unauthorized script or other software.
23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or Bandana.com.
24. Use Bandana.com in a manner inconsistent with any applicable laws or regulations.
2. Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
3. Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
4. Your reviews should not contain references to illegal activity;
5. You should not be affiliated with competitors if posting negative reviews;
6. You should not make any conclusions as to the legality of conduct;
7. You may not post any false or misleading statements;
8. You may not organize a campaign encouraging others to post reviews, whether positive or negative.
THIRD-PARTY WEBSITES AND CONTENT
Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to or originating from third
parties (“Third-Party Content”).
accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party
Websites accessed through The Site or any Third-Party Content posted on, available through, or
installed from Bandana.com, including the content, accuracy, offensiveness, opinions, reliability,
privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party
Content.
Party Content does not imply approval or endorsement thereof by us. If you decide to leave The Site
and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own
risk, and you should be aware these Terms of Use no longer govern.
any website to which you navigate from The Site or relating to any applications you use or install from
Bandana.com. Any purchases you make through Third-Party Websites will be through other websites
and from other companies, and we take no responsibility whatsoever in relation to such purchases
which are exclusively between you and the applicable third party.Â
Websites and you shall hold us harmless from any harm caused by your purchase of such products or
services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to
you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party
Websites.
Bandana.com, such as sidebar advertisements or banner advertisements. If you are an advertiser, you
shall take full responsibility for any advertisements you place on Bandana.com and any services
provided on Bandana.com or products sold through those advertisements.
advertisements on Bandana.com, including, but not limited to, intellectual property rights, publicity
rights, and contractual rights.
2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or
these Terms of Use, including without limitation, reporting such user to law enforcement
authorities;
3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of,
or disable (to the extent technologically feasible) any of your Contributions or any portion
thereof;
4. In our sole discretion and without limitation, notice, or liability, to remove from Bandana.com
or otherwise disable all files and content that are excessive in size or are in any way
burdensome to our systems;
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or
through Bandana.com infringes upon any copyright you own or control, please immediately notify us
using the contact information provided below (a “Notification”). A copy of your Notification will be
sent to the person who posted or stored the material addressed in the Notification.
Please be advised that pursuant to federal law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by
Bandana.com infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use Bandana.com. WITHOUT
LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT
TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO
AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY
PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE
YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND] ANY
CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN
OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of Bandana.com at any time or for any
reason at our sole discretion without notice. However, we have no obligation to update any information
on our Site. We also reserve the right to modify or discontinue all or part of Bandana.com without
notice at any time
We will not be liable to you or any third party for any modification, price change, suspension, or
discontinuance of Bandana.com.
We cannot guarantee Bandana.com will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to Bandana.com, resulting in
interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify Bandana.com
at any time or for any reason without notice to you. You agree that we have no liability whatsoever for
any loss, damage, or inconvenience caused by your inability to access or use Bandana.com during any
downtime or discontinuance of Bandana.com.
Nothing in these Terms of Use will be construed to obligate us to maintain and support Bandana.com or
to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of Bandana.com are governed by and construed in accordance with
the laws of the State of New Jersey applicable to agreements made and to be entirely performed within
the State/Commonwealth of New Jersey, without regard to its conflict of law principles.
CORRECTIONS
omissions that may relate to Bandana.com, including descriptions, pricing, availability, and various
other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change
DISCLAIMER
USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S
CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE
DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY
TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR
USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of
our respective officers, agents, partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) [your Contributions]; (2) use of Bandana.com; (3) breach of these Terms of Use; (4)
any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of
the rights of a third party, including but not limited to intellectual property rights; or (6) any overt
harmful act toward any other user of Bandana.com with whom you connected via Bandana.com.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense
and control of any matter for which you are required to indemnify us, and you agree to cooperate, at
your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such
claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
Bandana.com, as well as data relating to your use of Bandana.com. Although we perform regular
routine backups of data, you are solely responsible for all data that you transmit or that relates to any
activity you have undertaken using Bandana.com.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
communications. You consent to receive electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you electronically, via email and on
Bandana.com, satisfy any legal requirement that such communication be in writing.
AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.Â
laws in any jurisdiction which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than electronic means.
entire agreement and understanding between you and us. Our failure to exercise or enforce any right or
provision of these Terms of use shall not operate as a waiver of such right or provision.
rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasonable control.
unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and
does not affect the validity and enforceability of any remaining provisions.
as a result of these Terms of Use or use of Bandana.com. You agree that these Terms of Use will not be
construed against us by virtue of having drafted them.
Use and the lack of signing by the parties hereto to execute these Terms of Use
of Bandana.com, please contact us or call 856-767-7499
