Bannernow, Inc. (“we,” “us,”, "Company", “Bannernow” or “our”) provides services (described below) to you through the website located at bannernow.com and through its mobile applications, web applications, application programming interfaces (“API”) and related services (collectively the "Service").
These Terms of Service (“Terms”) are an agreement between you (“You” or the “User”) and Bannernow. By accessing or using the Service, you accept these Terms and Conditions in full and without reservation.
We recommend that you read these Terms of Conditions, furthermore, Bannernow may change these Terms of Conditions at any time by updating this webpage. Please review the Terms of Conditions regularly to ensure you are aware of any changes. Your continued access to and/or use of the Tool after changes have been made to these Terms and Conditions indicates your agreement to be legally bound by the updated and/or amended Terms and Conditions.
1.2 As long as you comply with this Agreement, Bannernow grants you a worldwide, limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. Bannernow grants you no other rights, implied or otherwise.
1.3 The Service is restricted to its intended use, which is primarily for creating, hosting, and publishing advertisements (referred to as "Banners"). These banners may include text, image, video or any other form of advertisement generated by the User through the Service, along with the associated file formats such as HTML5, MP4, PNG, JPG, WEBP, or GIF, unless explicitly agreed upon otherwise. Furthermore, the Service must not be utilized for unlawful activities or activities that contravene any pertinent laws and regulations, nor for any other activities that are, or could be construed as, unlawful, indecent, abusive, defamatory, menacing, vulgar, or otherwise deemed objectionable.
1.4 Bannernow may provide User with a Bannernow Service for free or on a trial basis (a “Free Access Subscription”) or with “beta” or other early-stage Bannernow Services, integrations or features (“Beta Releases”). This Section will apply to any Free Access Subscription or Beta Release and supersedes any contrary provision in this Agreement. Bannernow may use good faith efforts in its discretion to assist User with Free Access Subscriptions or Beta Releases. Nevertheless, and without limiting the other disclaimers and limitations in this Agreement, The customer acknowledges that any free access subscription or beta release is provided on an "as is" and "as available" basis, without any warranty, support, maintenance, storage, SLA (Service Level Agreement), or indemnity obligations. Regarding beta releases, the customer further acknowledges and agrees that they may not be complete or fully functional and may contain bugs, errors, omissions, and other issues for which Bannernow will not be held responsible. Therefore, any use of a beta release is solely at the customer's own risk. Bannernow makes no promises that future versions of a Beta Release will be released or will be available under the same commercial or other terms. Bannernow may terminate Customer’s right to use any Free Access Subscription or Beta Release at any time for any reason or no reason in Bannernow’s sole discretion, without liability.
2.1 Bannernow reserves the right to charge a setup fee, monthly license fees, annual license fees, a variable fee, and, if applicable, service charges, as outlined in Bannernow's current pricing plans, unless otherwise agreed upon.
2.2 Moreover, Bannernow also provides hosting services for advertisements, with the fee determined by CPM (Cost per 1000 impressions), which varies depending on the volume and type of ads. It's important to note that impressions from hosting do not carry over to a new contract period, such as the following month or year.
2.3 You authorize and direct us to charge your designated payment method for the applicable fee described in your subscription Plan. Moreover, you authorize and direct us to keep all information about any payment method associated with your account.
2.4 We may charge for fee-based Service in advance and on monthly, yearly, or other basis in accordance with your chosen subscription Plan, as long as your subscription will be active even if you do not use the Service.
2.5 The purchase price of subscriptions is expected to change over time. When such changes occur, we will inform you prior to implementing them, if such changes will have a monetary impact on you. In all cases, the payment terms will remain applicable.
2.6 Unless specified otherwise, all amounts are quoted exclusive of value added tax. Any value added tax and additional charges imposed on the fees payable by the User to Bannernow shall be the responsibility of the User, if applicable.
2.7 Bannernow retains the right to impose a penalty interest on the User, set at 12 percent per annum or at the highest rate permissible under the applicable law (if higher), for any overdue payments from the due date until payment is completed.
3.1 Bannenrow affirms its title to and ownership of the Service, and declares that it possesses the right, power, and authority to assign or license it under agreed terms and conditions. The User is not granted any rights to utilize Bannenrow’s trade names, trademarks, logos, domain names, or other distinctive marks under these Terms.
3.2 The User (or its licensors) retains all property rights to the advertisements uploaded to or created using the Service. Bannernow does not acquire any right, title, or interest from the User (or its licensors) in any content the User submits, posts, transmits, or displays on or through the Service.
3.3 We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, if you or anyone else with access to your account makes any content public, you agree to allow others to view and share your content.
3.4 It is the User’s responsibility to ensure that advertisements, images and videos uploaded to the Service are legal, virus free and that you have the legal right to use them in the Service.
4.1 The liability of the Parties to each other for any damages and/or costs arising from breach of contractual obligations and negligent actions or omissions shall be subject to the limitations outlined below.
4.2 Under no circumstances shall each party's total liability exceed an amount equal to twice the aggregate of the total fees paid or payable by the User during the agreed term. Furthermore, the Parties shall not hold each other liable for any lost profits, loss of anticipated savings, or any other form of indirect or consequential loss resulting from any act or omission, regardless of foreseeability.
4.3 The limitations mentioned above do not extend to the User concerning unpaid fees.
4.4 Except for the warranties explicitly stated in this agreement, Bannernow expressly disclaims all other warranties concerning the services, including all statutory and implied warranties, warranties of merchantability, fitness for a particular purpose or use (even if Bannernow has been informed of such purpose or use), warranties of uninterrupted or error-free services, title, non-infringement, and warranties arising from course of performance, course of dealing, or usage of trade, or their equivalents under the laws of any jurisdiction. The exclusion of implied warranties may not apply to you in some jurisdictions due to legal constraints.
5.1 Bannernow reserves the right to terminate User’s account at any time and without prior notice at its sole discretion, especially in the event of User’s breach of any representations, warranties, or obligations outlined in these Terms of Service. Additionally, Bannernow may suspend or terminate your access to the Service if the User has a free account and has not accessed it for ninety (90) or more consecutive days.
5.2 You have the option to terminate your access to the Service at any time, with or without cause. Upon termination of User’s access to the Service User’s account may be canceled or suspended, and User’s identification code and password will be deactivated and all User’s content uploaded by the User will be removed from the Service.
5.3 The cancellation of User’s account does not release User from the obligations to pay any outstanding fees.
6.1 If a Force Majeure Event occurs, the party that is prevented by that Force Majeure Event from performing any one or more obligations under this agreement (the “Nonperforming Party”) will be excused from performing those obligations, on condition that it complies with its obligations under section 6.3.
6.2 “Force Majeure Event” means any event or circumstance, regardless of whether it was foreseeable, that prevents a party from performing any of its obligations under this agreement, other than an obligation to pay money, on condition that that party uses reasonable efforts to do so.
6.3 Upon occurrence of a Force Majeure Event, the Nonperforming Party shall promptly notify the other party of occurrence of that Force Majeure Event, its effect on performance, and how long that party expects it to last. Thereafter, the Nonperforming Party shall update that information as reasonably necessary. During a Force Majeure Event, the Nonperforming Party shall use reasonable efforts to limit damages to the Performing Party and to resume its performance under this agreement.
You further consent that this Agreement is governed by and shall be construed in accordance with the laws of the State of Delaware, U.S.A. without reference to its conflicts of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Delaware for any disputes arising out of the use of the Service. This shall also apply in case the User registers from another country. The place of jurisdiction is the location of the Company’s registered office.
Bannernow, Inc. is registered in U.S. State of Dalaware and you can contact us either using Contact form on the website or by sending us an email to [email protected]