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Privacy / Terms of Use

At Banjo, we respect your right to privacy. We won’t sell your address to anyone, won’t spam you and we’ll listen to your feedback. If you have any concerns, or want to let us know what you think, reach us at support@teambanjo.com.

PRIVACY
We at Banjo, Inc. (“Banjo”) are dedicated to protecting your privacy and handling any personally identifiable information we obtain from you with care and respect.

When this Privacy Policy uses the term “personally identifiable information,” we mean information that identifies a particular individual, such as the individual’s name, address, email, and phone number. Personally identifiable information is also referred to in this Privacy Policy as “Personal Information.”

As used in this Privacy Policy, “Banjo” includes all of its subsidiary and affiliated entities. Banjo is referred to in this Privacy Policy as “we,” “us,” “our,” and “ourselves.” The term the “Service(s)” includes www.ban.jo as well as any other web sites (the “Site(s)”), applications, and related services operated by Banjo.

1. How your Privacy is Protected
Banjo takes reasonable steps to protect your personal information, such as requiring a password at login. However, no Internet, email or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us. You, the user, are responsible for maintaining the secrecy of your login information to help prevent others from accessing your personally identifiable information.

2. Information You Provide to Us
We receive Personal Information directly from users who are interested in obtaining access to “logged in” user portions of the Sites, mobile applications or various products and services from us or from third parties. We collect Personal Information when you register, access, or visit the Service, including when you participate in activities in the Service.
We receive and store any information you enter on our Service or provide to us in any other way. The types of Personal Information collected may include your name, user name, email address, and location information. The Personal Information you provide is used for such purposes as allowing you to interact with other users, improving the Service, customizing the advertising and content you see, and communicating with you about specials and new features. We may also use this Personal Information in order to adapt the Services to your needs, to research the effectiveness of our network, and to develop new tools for the community.

This Privacy Policy does not apply to any Personal Information collected by Banjo other than Personal Information collected through the Service. This Privacy Policy shall not apply to any unsolicited information you provide to Banjo through the Service any other means. This includes, but is not limited to, information posted to any public areas of the Site, such as bulletin boards, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and Banjo shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution.

3. Information Collected Through Passive Means
We collect information passively using technology to make our Service more interesting and useful. For instance, when you visit one of our Sites, your IP address is collected. An IP address is often associated with the network through which you enter the Internet, like your ISP or your company. At times, we also use IP addresses to collect information regarding the frequency with which our users visit various parts of our Service. We may also use passively collected information to help diagnose problems with our servers, and to administer the Service.

Banjo may store such information itself or such information may be included in databases owned and maintained by Banjo affiliates, agents or service providers. This Site may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, the domain names of our visitors’ Internet service providers, and how our users use and interact with the Banjo Service. Also, in an ongoing effort to better understand and serve the users of the Services, Banjo often conducts research on its customer demographics, interests and behavior based on the Personal Information and other information provided to us. This research may be compiled and analyzed on an aggregate basis. Banjo may share this non-identifiable and aggregate data with its affiliates, agents and business partners, but this type of non-identifiable and aggregate information does not identify you personally. Banjo may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

When you use the Service we may store a small amount of information on your computer. This information will be in the form of a “cookie” or similar file. Cookies are small files stored on your computer, not on our Site. We use cookies in our web tools to deliver content specific to your interests, and so that you do not need to reenter all your registration data at each visit. Through your web browser you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookie settings. Our Sites may also use a variety of technical methods for tracking purposes, such as pixel tags. We may also use these technical methods to analyze the traffic patterns on our Sites.

To provide the Services, we may derive location information from your wireless carrier, certain third-party service providers, or directly from the mobile device that you are using. When you use the Services, our servers automatically record certain information about your usage. These server logs may include information such as a mobile device identification number and device identifier, web requests, IP address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, search terms, landing pages, pages viewed and the order of those pages, features used in the Services, the amount of time spent on particular screens, the dates and times of your requests, and one or more cookies that may uniquely identify your browser.

4. Use of Personally Identifiable Information
We may use your personally identifiable information in many ways, including helping improve your experience on the Service, troubleshooting, and sharing your information with third parties so that these third parties can provide services to you. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function. We may also supplement personally identifiable information that we have collected directly from our users with other information that we obtain from third party partners. In addition, we may share your information when you participate in certain activities on our Sites that are sponsored or operated by third parties.

Our Service is about sharing location and finding friends and others nearby, so we will use your location information to provide the basic functionality of the Service, such as displaying your location on the Services map to other users when you check-in using Third Party Services (defined below). Users viewing this information may use it or disclose it to other individuals or entities outside of our control and without your knowledge. Your location information may be subject to abuse, misuse, and monitoring by others, and you share your location at your own risk.

We may also take your personally identifiable information and make it non-personally identifiable, either by combining it with information about other individuals, or by removing characteristics (such as your name) that make the information personally identifiable to you. We may aggregate or de-personalize your personal information, and we may use and/or share the resulting non-personally identifiable information with third parties in any way.

5. Integrating Third Party Services within the Services:
One of the special features of the Service is that it allows you to enable various online third party services, such as social media and social networking services (“Third Party Services”), to be directly integrated into your Banjo experience. By directly integrating these services, we make your online experiences richer, and more personalized. To take advantage of this feature, we will ask you to provide us your username and password for the relevant Third Party Services. By enabling such Third Party Services, you are allowing us to pass your log-in information and send and receive other information (such as geo-location and friend lists) to and from these service providers. When you add a Third Party Service account to the Service, we will collect your login information and other relevant information necessary to enable the Service to access that Third Party Service and your data contained within that Third Party Service. However, please remember that the manner in which Third Party Services use, store and disclose your information is governed solely by the policies of such third parties, and Banjo shall have no liability or responsibility for the privacy practices or other actions of any Third Party Service that may be enabled within the Service.

6. Purchase or Sale of Businesses
From time to time we may purchase a business or one or more of our businesses may be sold, and your personally identifiable information may be transferred as a part of the purchase or sale.

7. Additional Disclosures Required By Law
We will disclose Personal Information when we believe in good faith that such disclosures are required by law or that disclosure is necessary, for example, to comply with a court order or subpoena; will help to enforce our Terms of Use; enforce contest, sweepstakes, promotions, and/or game rules; protect your safety or security; or protect the safety and security of the Service, us, or third parties, including the safety and security of property that belongs to us or third parties.

8. Children’s Information
This Site is not directed toward children under thirteen years of age. Banjo does not knowingly collect personally identifiable information from children under thirteen years of age. If you are under 13 years of age, you should not register to become a member or provide any personally identifiable information through the Site. If you have reason to believe that a child under the age of 13 has provided Personal Information to Banjo through this Site, please contact us, and we will endeavor to delete that information from our databases.

9. Applicability
To keep your Personal Information accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Information in our possession that you have previously submitted via the Services.

This Privacy Policy applies only to the Service. This Site may contain links to other web sites or services not operated or controlled by Banjo (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from this Site do not imply that Banjo endorses or has reviewed the Third Party Sites. We suggest contacting those Sites directly for information on their privacy policies.

The Service may change from time to time. As a result, it may be necessary for Banjo to make changes to this Privacy Policy. Banjo reserves the right to update or modify this Privacy Policy at any time. Please review this policy periodically, and especially before you provide any Personal Information. This Privacy Policy applies to use and sharing of personally identifiable information collected on and after the date that this Privacy Policy is posted.

Your access to and use of this Site and the Service is subject to our Terms of Use. If you have any questions or concerns about our Privacy Policy, you can email us at: support@teambanjo.com.

Last updated: June 21, 2011

TERMS OF USE

BANJO, INC. (“BANJO”) PROVIDES THE BAN.JO SITE, APPLICATION AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS OF USE, YOU DO NOT HAVE THE RIGHT TO USE OR ACCESS (OR CONTINUE TO USE OR ACCESS) THE SERVICE. BANJO RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY

1. WEBSITES

1.1 These Terms of Use apply to all users of the website and mobile website at Ban.jo, any other Banjo website, any affiliated websites (together, the “Site”) and its related Software (defined below), applications and services (collectively, the “Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time without further notice. You should periodically visit this page to review the current Terms of Use so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the bottom of this page the date these terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use.

1.2 The Service may contain links to third party websites or services that are not owned or controlled by Banjo. Banjo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. In addition, Banjo will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Banjo from any and all liability arising from your use of any third-party website or services. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

1.3 Banjo has established a Privacy Policy to explain to users how personal information is collected and used, which is located at the following web address: http://ban.jo/privacy-policy. Your use of the Service signifies acknowledgement of and agreement to our Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Use.

2. INTELLECTUAL PROPERTY

2.1 All content on or available through the Service, including without limitation, the text, software (“Software”), scripts, tools, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Banjo. The Content and Marks are protected to the maximum extent permitted by intellectual property laws and international treaties. Subject to the terms and conditions of these Terms of Use, Banjo hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service. You agree not to access the Service by any means other than through the interface that is provided by Banjo for use in accessing the Service.

2.2 You shall not (and shall not allow any third party to) sell, assign, sublicense or otherwise transfer any right in any Software. Any reproduction, modification, creation of derivative works from or redistribution of the Software or the Service is prohibited without the express written consent of Banjo.

2.3 You further agree not to reproduce, duplicate or copy the Content without the express written consent of Banjo, and agree to abide by any and all copyright notices displayed on or through the Service. You shall not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Software or the Service.

2.4 Nothing in these Terms of Use or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Marks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Marks will inure to our exclusive benefit.

2.5 Software 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 Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software 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 Service, including as it concerns online conduct and acceptable content.

3. ACCESS; MOBILE SERVICES

3.1 Banjo grants you a limited, revocable, non-sublicensable, nonexclusive license to access the Service for your own personal use. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

3.2 In order to access some features of the Service, you will have to create an account. You may never use another user’s account without the account holder’s permission. When creating your account, you must provide accurate and complete information. You are solely responsible for all activity that occurs on your account, and you must keep your account password secure. You must notify Banjo immediately of any breach of security or unauthorized use of your account. Although Banjo will not be liable for any losses caused by any unauthorized use of your account, you will be liable for the losses of Banjo or others due to such unauthorized use.

3.3 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Service. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by or through the Service for any commercial solicitation or illegal or improper purposes.

3.4 Notwithstanding the foregoing, Banjo grants the operators of recognized international public search engines, such as Google and Yahoo permission to use spiders to copy materials from the public areas (non-logged in areas) of the Site for the sole purpose of creating publicly available searchable indices of the materials. Banjo reserves the right to revoke these exceptions either generally or in specific cases.

3.5 The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the service via a mobile device, (ii) the ability to browse the service and the Site 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 Service or the Site 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.

4. CONDITIONS OF USE

4.1 By using the Service, you specifically agree to comply with each of the following:

4.2. You will not post or transmit any material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.

4.3. You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein.

4.4. You have fully complied with any third-party licenses relating to the material you post or transmit and have done all things necessary to successfully pass through to end users any required terms.

4.5. You will not post or transmit any material that is: is false, deceptive, misleading, or deceitful.

4.6. You will not post or transmit any material that is: abusive, hateful, racist, bigoted, sexist, violent, libelous, harassing, threatening, inflammatory, defamatory, vulgar, obscene, sexually-oriented, profane or is otherwise in violation of any applicable law, rule or regulation.

4.7. You will not post or transmit any material that deceptively impersonates any person or entity.

4.8. You will not post content that constitutes or contains any form of advertising or solicitation or for commercial purposes, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation. Do not post a URL unless it directly answers a user’s question.

4.9. You will not post or transmit any software or computer files that contains malware, computer viruses, worms, Trojan horses, rootkits, spyware, adware, and other malicious and unrequested software, computer code, or file, or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

4.10. You shall not submit any material that is intended to promote or commit an illegal act.

4.11. You will not solicit personal information from anyone under the age of 18, nor harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.

Failure to comply with the above rules may lead to you being immediately and permanently banned, with notification to your Internet Service Provider if deemed appropriate by Banjo.

5. DISCLAIMERS AS TO THIRD PARTY SUBMISSIONS

5.1 The Service may permit the submission of text, audio, video, or other content submitted by you and other third parties such as our partners (“Third Party Submission(s)”) and the hosting, sharing, and/or publishing of such Third Party Submissions. Third Party Submissions include, but are not limited to, blog postings, comment postings, geo-related check-ins, replies, photos, and any other interactive area of the Service.

5.2 By posting, submitting or uploading Third Party Submissions to any area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Banjo an irrevocable, perpetual, transferable, non-exclusive, royalty-free, fully paid, worldwide license to use, copy, perform, display, transmit, store, modify and distribute said Third Party Submissions and to prepare derivative works of, or incorporate into other works, said Third Party Submissions, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Third Party Submissions to or through the Service, you automatically grant Banjo all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Third Party Submissions by any party for any purpose.

5.3 When posting Third Party Submissions, you agree never to use a third-party agent, service, or intermediary that offers to post Third Party Submissions to the Service on your behalf (“Posting Agent”). Posting Agents are not permitted to post Third Party Submissions on behalf of others, to cause Third Party Submissions to be so posted, or otherwise access the Service to facilitate posting Third Party Submissions on behalf of others, except with express written permission from Banjo.

5.4 Banjo reserves the right to modify or discontinue, temporarily or permanently, the Service, including its interactive features, blogs, comments (or any part thereof) with or without notice at any time. You agree that Banjo shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any part of the Service.

5.5 You are and shall remain solely responsible for any and all Third Party Submissions you make through the Service. You acknowledge that any information you disclose through the Service becomes public information and can be used by people you do not know. Accordingly, you should exercise caution when deciding to disclose any information. Any such disclosures are at your own risk.

5.6 Banjo does not prescreen Third Party Submissions submitted and Banjo has no duty to monitor any interactive area of the Service. Although we may monitor or review Third Party Submissions from time to time, we do not actively monitor the Service and we are not under any obligation to do so. Each user is solely responsible and liable for the contents of his or her Third Party Submissions, and we are not responsible in any way for the content or opinions expressed therein. We have the right, but not the obligation, to remove, edit or move, at any time, any material posted, in each case as we deem appropriate. Banjo may refuse to post or deliver, remove, modify or otherwise use or take any action with respect to any submission on the Site.

5.7 You must not describe or assign keywords to your Third Party Submissions, including blogs, in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Banjo may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Banjo liability.

5.8 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Feedback”), provided by you to Banjo are non-confidential and Banjo shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

5.9 You acknowledge that the interactive features on the Service are not for private communications. You acknowledge that you have no expectation of privacy with regard to any submission to the Service. Banjo cannot guarantee the security of any information you disclose through the Service; you make such disclosures at your own risk.

6. LIMITS ON THIRD PARTY SUBMISSIONS

6.1 You understand that when using the Service, you will be exposed to Third Party Submissions from a variety of sources, and that Banjo is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third Party Submissions. You further understand and acknowledge that you may be exposed to Third Party Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Banjo with respect thereto, and agree to indemnify and hold Banjo, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

6.2 Banjo does not endorse any Third Party Submission or any opinion, recommendation, or advice expressed therein, and Banjo expressly disclaims any and all liability in connection with Third Party Submissions.

6.3 Banjo does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and Banjo will remove Content and Third Party Submissions if properly notified that such Content or Third Party Submission infringes on another’s intellectual property rights. Banjo reserves the right to remove Content and Third Party Submissions without prior notice.

6.4 In particular, if you are a copyright owner or an agent thereof and believe that any Third Party Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to our Copyright Agent at the following address: support@teambanjo.com.

Banjo, Inc.
811 Hamilton St., Suite 200
Redwood City, CA 94063

The information provided to our Copyright Agent must be in writing and contain the following (see 17 U.S.C 512(c)(3) for further detail):

6.4.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

6.4.2 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

6.4.3 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

6.4.4 Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail

6.4.5 A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

6.4.6 A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

6.4.7 You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

7. Third Party Services

You may enable various online services (such as Facebook, Twitter or other social media services) to be directly integrated into your Banjo experience. To take advantage of these features, we may ask you to download, register for or log into the services of the respective providers. By enabling third party services within the Service, you are allowing us to pass your log-in information and send and receive other information (such as geo-location) to and from these service providers. For more information about the implications of activating these third party services and Banjo’s use, storage and disclosure of information related to you and your use of such services within Banjo (including your friend lists, geo-location and the like), please see our Privacy Policy at http://ban.jo/privacy-policy. However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and Banjo will have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within your Banjo Service.

In addition, Banjo is not responsible for the accuracy, availability or reliability of any geo-location, software, information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Banjo is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. Banjo enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.

8. Apple-enabled Software Applications

Banjo offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Use, the following terms and conditions apply:

  • Banjo and you acknowledge that these Terms of Use are concluded between Banjo and you only, and not with Apple, and that as between Banjo and Apple, Banjo, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
  • You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
  • Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iPhone OS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
  • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
  • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Banjo’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
  • Banjo and you acknowledge that Banjo, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Banjo and Apple, Banjo, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  • 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.
  • If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Banjo by email to following address: support@teambanjo.com.
  • Banjo and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use with respect to the Apple-Enable Software, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you with respect to the Apple-Enable Software as a third party beneficiary thereof.

9. TERMINATION

You agree that Banjo, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any content within the Service, for any reason, including, without limitation, if Banjo believes that you have acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that Banjo shall not be liable to you or any third-party for any termination of your access to the Service, and you agree not to attempt to use the Service after said termination.

10. WARRANTY DISCLAIMER

THE SERVICE, INCLUDING ANY CONTENT, THIRD PARTY SUBMISSIONS OR INFORMATION CONTAINED WITHIN IT OR BANJO-RELATED SERVICE, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE.

BANJO MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

11. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BANJO, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR DAMAGES FOR LOST PROFITS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (IV) THE SERVICE, THE SITE, BANJO-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE OR THE SERVICE. IN NO EVENT SHALL BANJO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID BANJO IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

12. Indemnity

You agree to release, defend, indemnify and hold harmless Banjo, its affiliated companies, officers, directors, employees and agents, from and against any and all actions and injuries (including death) of any kind, claims, rights, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use or misuse of and access to the Site or the Service, your connection to the Service, or any Third Party Submissions, (b) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (b) your violation of any term of these Terms of Use. This defense and indemnification obligation will survive these Terms of Use and your use of the Service. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

13. Governing Law / Disputes

These Terms of Use constitute the entire agreement between you and Banjo and govern your use of the Service, superseding any prior agreements between you and Banjo with respect to the Service. The failure of Banjo to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that the Service shall be deemed solely based in the State of California, and that the Site shall be deemed a passive website that does not give rise to personal jurisdiction over Banjo, either specific or general, in any state or federal courts other than those located within Santa Clara County, California. These Terms of Use will be governed and interpreted in accordance with the internal laws of the State of California applicable to agreements entered into and to be wholly performed therein, without regard to principles of conflict of laws. Any dispute, claim or controversy arising out of or relating to the Site, these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay its counsel fees and expenses. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Banjo without restriction.

14. Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

15. QUESTIONS/CONCERNS

Please contact us at support@teambanjo.com to report any violations of these Terms of Use or to pose any questions regarding this Terms of Use or the Service.

This agreement was last modified on May 23, 2012.