Acceptance of Terms & Conditions
1. Your Acceptance
A. By using or visiting the BangosWorld / BangoBid website or any BangosWorld / BangoBid products, software, data feeds, and services provided to you on, from, or through the BangosWorld / BangoBid website (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) BangosWorld / BangoBid's privacy notice, and incorporated herein by reference, and (3) BangosWorld / BangoBid's Community Guidelines, found at terms & conditions, and also incorporated herein by reference. If you do not agree to any of these terms, the BangosWorld / BangoBid privacy notice, or the Community Guidelines, please do not use the Service.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version terms & conditions BangosWorld / BangoBid may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits. 2. Service
A. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, online games, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of BangosWorld / BangoBid, including but not limited to all products, software and services offered via the BangosWorld / BangoBid website, such as the BangosWorld / BangoBid channels, the BangosWorld / BangoBid "Embeddable Player," the BangosWorld / BangoBid "Uploader" and other applications.
B. The Service may contain links to third party websites that are not owned or controlled by BangosWorld / BangoBid. BangosWorld / BangoBid has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, BangosWorld / BangoBid will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve BangosWorld / BangoBid from any and all liability arising from your use of any third-party website.
A. In order to access some features of the Service, you will have to create a BangosWorld / BangoBid or account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify BangosWorld / BangoBid immediately of any breach of security or unauthorized use of your account.
B. Although BangosWorld / BangoBid will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of BangosWorld / BangoBid or others due to such unauthorized use. 4. General Use of the Serviceâ€”Permissions and Restrictions
BangosWorld / BangoBid hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Service or the Content without BangosWorld / BangoBid's prior written authorization, unless BangosWorld / BangoBid makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player).
B. You agree not to alter or modify any part of the Service.
C. You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means BangosWorld / BangoBid may designate.
D. You agree not to use the Service for any of the following commercial uses unless you obtain BangosWorld / BangoBid's prior written approval:
- the sale of access to the Service;
- the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
- the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from BangosWorld / BangoBid appears on the same page and is of sufficient value to be the basis for such sales.
E. Prohibited commercial uses do not include:
- uploading an original video to BangosWorld / BangoBid, or maintaining an original channel on BangosWorld / BangoBid, to promote your business or artistic enterprise;
- showing BangosWorld / BangoBid videos through the Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 4.D; or
- any use that BangosWorld / BangoBid expressly authorizes in writing.
G. If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the BangosWorld / BangoBid website.
H. If you use the BangosWorld / BangoBid Uploader, you agree that it may automatically download and install updates from time to time from BangosWorld / BangoBid. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit BangosWorld / BangoBid to deliver these to you) as part of your use of the Uploader.
I. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the BangosWorld / BangoBid servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, BangosWorld / BangoBid grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. BangosWorld / BangoBid reserves the right to revoke these exceptions either generally or in specific cases. 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 the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
J. In your use of the Service, you will comply with all applicable laws.
K. BangosWorld / BangoBid reserves the right to discontinue any aspect of the Service at any time. 5. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
A. The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to BangosWorld / BangoBid, subject to copyright and other intellectual property rights under the law.
B. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a "download" or similar link displayed by BangosWorld / BangoBid on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of BangosWorld / BangoBid or the respective licensors of the Content. BangosWorld / BangoBid and its licensors reserve all rights not expressly granted in and to the Service and the Content.
C. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
D. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that BangosWorld / BangoBid is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is 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 BangosWorld / BangoBid with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless BangosWorld / BangoBid, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service. 6. Your Content and Conduct
A. As a BangosWorld / BangoBid account holder you may submit Content to the Service, including videos and user comments. You understand that BangosWorld / BangoBid does not guarantee any confidentiality with respect to any Content you submit.
B. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to BangosWorld / BangoBid all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
C. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to BangosWorld / BangoBid, you hereby grant BangosWorld / BangoBid a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and BangosWorld / BangoBid's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that BangosWorld / BangoBid may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
D. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant BangosWorld / BangoBid all of the license rights granted herein.
E. You further agree that you will not submit to the Service any Content or other material that is contrary to the BangosWorld / BangoBid Community Guidelines, currently found at terms & conditions which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
F. BangosWorld / BangoBid does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and BangosWorld / BangoBid expressly disclaims any and all liability in connection with Content. BangosWorld / BangoBid does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and BangosWorld / BangoBid will remove all Content if properly notified that such Content infringes on another's intellectual property rights. BangosWorld / BangoBid reserves the right to remove Content without prior notice. 7. Account Termination Policy
A. BangosWorld / BangoBid will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
B. BangosWorld / BangoBid reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. BangosWorld / BangoBid may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service. 8. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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; and
- 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.
- BangosWorld / BangoBid's designated attorneys to receive notifications of claimed infringement is Troy/Gould attorneys, 1801 Century Park East Los Angeles, CA. 90067 For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to BangosWorld / BangoBid customer service through our terms & conditions You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- If a counter-notice is received by the Copyright Agent, BangosWorld / BangoBid may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at BangosWorld / BangoBid's sole discretion.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BANGOSWORLD / BANGOBID, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. BANGOSWORLD / BANGOBID MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. BANGOSWORLD / BANGOBID DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BANGOSWORLD / BANGOBID WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 10. Limitation of Liability
IN NO EVENT SHALL BANGOSWORLD / BANGOBID, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT BANGOSWORLD / BANGOBID SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by BangosWorld / BangoBid from its facilities in the United States of America. BangosWorld / BangoBid makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. 11. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless BangosWorld / BangoBid, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service. 12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you. 13. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BangosWorld / BangoBid without restriction. 14. General
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over BangosWorld / BangoBid, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and BangosWorld / BangoBid that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. These Terms of Service, together with our Privacy Notice, and any other legal notices published by BangosWorld / BangoBid on the Service, shall constitute the entire agreement between you and BangosWorld / BangoBid concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and BangosWorld / BangoBid's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. BangosWorld / BangoBid reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND BANGOSWORLD / BANGOBID AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
BangosWorld.com / BangoBid.com. operates and controls the Site from its offices in Los Angeles California, in the United States of America. We make no representation that the Site is appropriate or available in other locations. Accordingly, those persons accessing the Site from other locations do so on their own initiative and are responsible for compliance with any applicable local laws. Software made available from this Site (including without limitation game downloads) is subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and BangosWorld.com / BangoBid.com. and your use of the Site constitutes acknowledgement that you understand and agree to abide by the terms of this Agreement including any additional terms that govern certain products and services, which will be presented in conjunction with those products and services ("Additional Terms"), including the BangosWorld.com / BangoBid.com. BangosWorld.com / BangoBid.com. governing your submission of User Material (as such term is defined therein) and BangosWorld.com / BangoBid.com. governing purchases on the Site. The Site may also provide rules of participation ("Rules") for certain activities and services including, but not limited to, contests and sweepstakes, award programs, subscription services and e-commerce services ("Services"). The term "Site" includes all websites and web pages within the Site as well as any associated equivalent, mirror, replacement, substitute or backup websites and web pages. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Material" and "Services."
The words "use" and/or "using" in this Agreement mean any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from, transmit, receive or exchange data or communicate with, the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below in Section 2.
1. REGISTRATION AND USE OF PASSWORD
PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely responsible and liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible.
3. OWNERSHIP OF INTELLECTUAL PROPERTY
From time to time, during your use of the Site, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners (collectively, the "Advertisers"). All such communication, interaction and participation is between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
5. AGREEMENT TO DEAL ELECTRONICALLY
All transactions with or through the Site orBangosWorld.com / BangoBid.com. may, at our option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Site. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
6. RULES OF CONDUCT
Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
C. be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
D. affect us adversely or reflect negatively on us, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
E. send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid scheme, or so-called "spamming" and "phishing";
F. unless approved by us, be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
G. transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
H. create a false identity for the purpose of misleading others or forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
I. disrupt the normal flow of Communities (as defined below) with an excessive number of messages (i.e. flooding attack) or that otherwise negatively affects other users' ability to participate in Communities;
J. contact anyone who has asked not to be contacted; "stalk" or otherwise harass anyone;
K. violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
L. modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise; or
M. collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
If you choose to use the embedded link function, you agree not to embed a link on or within any illegal site, including but not limited to any site that is indecent, obscene or pornographic or that is determined to be otherwise objectionable in our sole and absolute discretion, and we reserve the right to disable embedded links at any time without notice.
7. LIMITED NON-COMMERCIAL LICENSE TO USE SITE
BangosWorld.com / BangoBid.com. hereby grants you a limited license to use the Site only for the purposes of accessing, viewing or playing content, posting or submitting User Material (as defined in the BangosWorld.com / BangoBid.com. using the embedded link function, placing product orders or for accessing information, Applications (as defined herein) and services solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of BangosWorld.com / BangoBid.com. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws.
BangosWorld.com / BangoBid.com. reserves the right to suspend or deny, in its sole discretion, your use of all or any portion of the Site as described in Section 14. Any rights not expressly granted to you herein are reserved to BangosWorld.com / BangoBid.com. Minors should seek consent of his or her legal guardian before using this site. Unless you have received specific written permission from BangosWorld.com / BangoBid.com. you may not (a) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site; (b) alter or modify any content on the Site; or (c) deep link or gain unauthorized access to any portion of the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site for any commercial purpose.
8. LIMITED NON-COMMERCIAL LICENSE TO USE APPLICATIONS
BangosWorld.com / BangoBid.com. may offer you the ability to use certain applications, including without limitation, instant messages, chat areas, bulletin boards, e-mail functions, software and services that allow you to download specific content from the Site to your computer, multi-player games and software that allows you to create greetings, puzzles, photographs, musical compositions and mixes, music videos and cartoons ("Applications"). Without limiting your obligations and restrictions described in Section 7 above, your limited license to use the Applications is subject to the following conditions:
D. The Applications that are made available to you are the copyrighted work of BangosWorld.com / BangoBid.com. and/or its Parent Companies and/or its Affiliates and/or its suppliers. The use of each Application is governed by the end user license agreement ("EULA") that accompanies or is included in the Application or is expressly stated on the Site pages accompanying the Application and this Agreement. In the event that no EULA accompanies the Application, then only this Agreement shall govern your use of the Application. You may not download or use any Application from the Site without agreeing to the EULA, if any, and this Agreement. Certain Applications may be owned by third parties and distributed under a third party EULA and you agree that BangosWorld.com / BangoBid.com. shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
E. Unless expressly stated otherwise in the EULA, you are granted only a limited license to download and/or use the Application from a single computer for personal and non-commercial purposes. You may not make copies of or distribute the Application or electronically transfer the Application from one computer to another or over a network, nor may you separate any content from an associated Application. You may not decompile, reverse engineer, disassemble or otherwise reduce the Application to human perceivable form. You may not rent, lease or sublicense the Application. You may not create derivative works of the Application and you may not export the Application in violation of any U.S. or foreign law, rule or regulation. All rights in Applications not specifically granted to you in writing by BangosWorld.com / BangoBid.com. BangosWorld.com / BangoBid.com. may cease support of any Application at any time in its sole discretion or terminate your use of or access to any Application, as further described in below Section 15.
F. Applications you use or download from the Site may contain third party digital rights management systems ("DRMS") which may allow for communication between your software and the third party and utilize security features (e.g., preventing distribution of or access to the applications in the event of unauthorized use). These DRMS are subject to their own license agreements and you agree that BangosWorld.com / BangoBid.com. shall not be responsible for any loss or damage of any sort relating to or resulting from the use of the DRMS or your dealings with such third parties. The Applications may also contain DRMS produced by BangosWorld.com / BangoBid.com. which allow for communication between the applications you use or download and our systems and which collect information describing your computer system in order to prevent illegal or unauthorized use of the applications. More specifically, the DRMS for subscription services and Applications licensed from the Site may transmit the following pieces of information, along with other information, when you either enter a purchase key or sign in with your subscription service user name and password: Operating System, CPU Version Information (including serial number from a serial-number-enabled Pentium III), BIOS Version Information, NetBIOS Computer Name, DOS HD Serial Number, Hard Drive Size / Geometry, S.M.A.R.T. IDE HD Serial Number, Network Card MAC Address, IP Address and Size of Physical Memory.
9. WIRELESS MARKETING SERVICES AND PROMOTIONAL OPPORTUNITIES
Under no circumstances will BangosWorld.com / BangoBid.com. its Parent Companies or any Affiliates be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user's wireless device, telephone number, or email address.
You understand, acknowledge and agree that we may, at our sole discretion and without liability to any user, terminate our offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. We may provide notice of such terminations or changes on this Site.
10. USER COMMUNICATION FEATURES AND POSTINGS
Your comments, suggestions and information are important to us. Portions of this Site may provide you and other users an opportunity to participate in instant messaging, forum services, blogs, web communities and other message and communication facilities ("Communities") and may provide you the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange (a) information, ideas, opinions, messages or other information ("Post" or "Postings") and (b) User Material. You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. Postings do not reflect the views of the Site, BangosWorld.com / BangoBid.com. the Parent Companies or the Affiliates. We reserve the right to monitor, edit or screen any Postings. If we determine, in our sole discretion, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; (d) disclose any information that we deem necessary to ensure your compliance with all applicable laws and with this Agreement; and/or (e) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.
If a Posting originates from you or your account, you hereby agree that: (a) you specifically authorize the Site,BangosWorld.com / BangoBid.com. the Parent Companies and their Affiliates to use such Posting in whole or in part, throughout the universe, in perpetuity (except for AG Uploads, as defined in the BangosWorld.com / BangoBid.com. in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you and/or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortuous, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of any user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; and (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that (i) you have the right to grant the Site, BangosWorld.com / BangoBid.com. the Parent Companies and their Affiliates the right to use all such Postings as described above, (ii) the Posting was produced in compliance with all applicable laws and regulations.
You understand, acknowledge and agree that we have the right to delete, re-format and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made). The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
If you believe that any content on the Site (including, without limitation, User Material) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), please click here to send us a message about it (please refer to our copyright compliance policy for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
11. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS
From time to time, BangosWorld.com / BangoBid.com. its Parent Companies, the Affiliates or the Site's operational service providers, suppliers, and Advertisers, may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes ("Promotions") which may be subject to Additional Terms and/or Rules.
12. HYPERLINKS TO THIRD PARTY SITES
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, the Site, BangosWorld.com / BangoBid.com. the Parent Companies or any of its Affiliates, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers. We do not verify, endorse or have any responsibility for any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, whether the Site's, BangosWorld.com / BangoBid.com. the Parent Companies' or any of their Affiliates' logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read our BangosWorld.com / BangoBid.com. policy which describes how BangosWorld.com / BangoBid.com. collects and uses your Personal Information and co-branding relationships.
13. ADS AND MALWARE
We take great care and pride in creating this Site. We are always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Site -- and that is beyond our control.
If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware -- short for MALicious softWARE -- is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.
We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware.
* Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser).
* Install a SpyWare Removal Tool such as Spybot Search and Destroy or AdAware to clean your computer of Malware.
* Install antivirus software, such as Norton anti-virus or McAfee Virus-shield.
* Install Microsoft Defender (for Windows computers).
Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site.
If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.
If, after taking the above actions, you are still experiencing any problems, please feel free to contact us privacy-admin(at)atom.com
14. DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE
If you are registered to use the Site, you may deactivate your account on the Site, at any time and for any reason, by logging in to your account and then by clicking on the "My Account" link and then selecting the "Cancel My Account" option. We may terminate your use of and registration on the Site at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
15. DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, MATERIALS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Postings and Materials associated with your use of the Site.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS AND MATERIALS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, BangosWorld.com / BangoBid.com. ITS PARENT COMPANIES, ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY BangosWorld.com / BangoBid.com. , ITS PARENT COMPANIES OR ANY OF THEIR AFFILIATES OR AGENTS SHALL BE, AT BangosWorld.com / BangoBid.com. OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON BangosWorld.com / BangoBid.com. ; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO BangosWorld.com / BangoBid.com. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16. ASSUMPTION OF RISKS AND MATURE CONTENT
YOU ASSUME ALL RISKS THAT THE SITE, CONTENT, USER MATERIALS, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN MULTI-PLAYER GAMES OR VISITING CHAT ROOMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT BangosWorld.com / BangoBid.com. ITS PARENT COMPANIES OR ANY OF THEIR AFFILIATES OR AGENTS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
You agree to indemnify, defend and hold the Site, BangosWorld.com / BangoBid.com. , the Parent Companies and any of their Affiliates, or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or public posting of your Postings.
19. INTERNATIONAL USAGE
This Site is controlled and operated by BangosWorld.com / BangoBid.com. from its offices within California, United States of America.BangosWorld.com / BangoBid.com. makes no representation that the Site, Applications, or related information offered by BangosWorld.com / BangoBid.com. are appropriate or available in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
20. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
This Agreement, together with any Additional Terms, Rules, any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and us and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
This Agreement and your use of the Site is governed by, construed and enforced in accordance with the internal substantive laws of the State of New York (notwithstanding the State's conflict of laws provisions) applicable to contracts made, executed and wholly performed in New York, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non convenes or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
Except as expressly stated otherwise, any notices required or allowed under this Agreement shall be given toBangosWorld.com / BangoBid.com. to bangobid.com or as to a successor address thatBangosWorld.com / BangoBid.com. makes available on the Site or through other reasonable manner.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement") derives from the BangoBabble and governs our relationship with users and others who interact with BangoBabble. By using or accessing BangoBabble, you agree to this Statement.
2. Sharing Your Content and Information
You own all of the content and information you post on BangoBabble, and you can control how it is shared through your privacy, terms and conditions, and settings. In addition:
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3. When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. When you publish content or information using the "public" setting, it means that you are allowing everyone, including people off of BangoBabble, to access and use that information, and to associate it with you (i.e., your name and profile picture).
4. We always appreciate your feedback or other suggestions about BangoBabble, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep BangoBabble safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
2. You will not collect users' content or information, or otherwise access BangoBabble, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on BangoBabble.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
8. You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
9. You will follow our promotion guidelines and all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes ("promotion") on BangoBabble.
10. You will not use BangoBabble to do anything unlawful, misleading, malicious, or discriminatory.
11. You will not do anything that could disable, overburden, or impair the proper working of BangoBabble, such as a denial of service attack.
12. You will not facilitate or encourage any violations of this Statement.
4. Registration and Account Security
BangoBabble users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
2. You will not create more than one personal profile.
3. If we disable your account, you will not create another one without our permission.
4. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
5. You will not use BangoBabble if you are under 13.
6. You will not use BangoBabble if you are a convicted sex offender.
7. You will keep your contact information accurate and up-to-date.
8. You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
9. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
10. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
2. We can remove any content or information you post on BangoBabble if we believe that it violates this Statement.
4. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
7. You will not post anyone's identification documents or sensitive financial information on BangoBabble.
8. You will not tag users or send email invitations to non-users without their consent.
2. In the event you change or deactivate your mobile telephone number, you will update your account information on BangoBabble within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
3. You provide all rights necessary to enable users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on BangoBabble, as well as your name and profile picture.
7. Special Provisions Applicable to Share Links
If you include our Share Link button on your website, the following additional terms apply to you:
2. You give us permission to use and allow others to use such links and content on BangoBabble.
3. You will not place a Share Link button on any page containing content that would violate this Statement if posted on BangoBabble.
8. Special Provisions Applicable to Developers/Operators of Applications and Websites
If you are a developer or operator of a Platform application or website, the following additional terms apply to you:
2. Your access to and use of data you receive from BangoBabble, will be limited as follows:
4. You will delete all data you receive from us concerning a user if the user asks you to do so, and will provide a mechanism for users to make such a request.
5. You will not include data you receive from us concerning a user in any advertising creative.
6. You will not directly or indirectly transfer any data you receive from us to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising related toolset, even if a user consents to that transfer or use.
7. You will not sell user data. If you are acquired by or merge with a third party, you can continue to use user data within your application, but you cannot transfer user data outside of your application.
8. We can require you to delete user data if you use it in a way that we determine is inconsistent with usersâ€™ expectations.
9. We can limit your access to data.
10. You will comply with all other restrictions contained in our policies & terms and conditions.
4. You will make it easy for users to remove or disconnect from your application.
5. You will make it easy for users to contact you. We can also share your email address with users and others claiming that you have infringed or otherwise violated their rights.
6. You will provide customer support for your application.
7. You will not show third party ads or web search boxes on BangoBabble.
8. We give you all rights necessary to use the code, APIs, data, and tools you receive from us.
9. You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
10. You will not misrepresent your relationship with BangoBabble to others.
11. You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our policies & terms and conditions.
12. We can issue a press release describing our relationship with you.
13. You will comply with all applicable laws. In particular you will (if applicable):
2. comply with the Video Privacy Protection Act ("VPPA"), and obtain any opt-in consent necessary from users so that user data subject to the VPPA may be shared on BangoBabble. You represent that any disclosure to us will not be incidental to the ordinary course of your business.
15. You give us all rights necessary to enable your application to work with BangoBabble, including the right to incorporate content and information you provide to us into streams, profiles, and user action stories.
16. You give us the right to link to or frame your application, and place content, including ads, around your application.
17. We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
18. To ensure your application is safe for users, we can audit it.
19. We can create applications that offer similar features and services to, or otherwise compete with, your application.
9. About Advertisements and Other Commercial Content Served or Enhanced by BangoBabble
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
2. We do not give your content or information to advertisers without your consent.
3. You understand that we may not always identify paid services and communications as such.
10. Special Provisions Applicable to Pages
If you create or administer a Page on BangoBabble, you agree to our policies & terms and conditions.
We can change this Statement if we provide you notice (by posting the change on the BangoBabble website and an opportunity to comment.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of BangoBabble to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
2. If anyone brings a claim against us related to your actions, content or information on BangoBabble, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
14. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on BangoBabble (such as advertising or payments) or operate a Platform application or website.
3. Certain specific terms that apply only for German users are available.
2. By "Platform" we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from BangoBabble or provide data to us.
3. By "information" we mean facts and other information about you, including actions you take.
4. By "content" we mean anything you post on BangoBabble that would not be included in the definition of "information."
5. By "data" we mean content and information that third parties can retrieve from BangoBabble or provide to BangoBabble through Platform.
6. By "post" we mean post on BangoBabble or otherwise make available to us (such as by using an application).
7. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
8. By "active registered user" we mean a user who has logged into BangoBabble at least once in the previous 30 days.
9. By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
2. This Statement makes up the entire agreement between the parties regarding BangoBabble, and supersedes any prior agreements.
3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
4. If we fail to enforce any of this Statement, it will not be considered a waiver.
5. Any amendment to or waiver of this Statement must be made in writing and signed by us.
6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
7. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
8. Nothing in this Statement shall prevent us from complying with the law.
9. This Statement does not confer any third party beneficiary rights.
10. You will comply with all applicable laws when using or accessing BangoBabble.