Bannernow, Inc. (“we,” “us,”, "Company" or “our”) provides services (described below) to you through the website located at bannernow.com and through its mobile applications, application programming interfaces (“API”) and related services (collectively, such services, including any new features and applications, BannerNow application programming interface (API) and the Site (the "Website" or "Service" or "BannerNow"). By accessing or using BannerNow, by signing up as a User of BannerNow or by accessing animation editor, you agree to adhere to and be bound by the terms and conditions in this Agreement. Please read this Agreement carefully before accessing or using BannerNow. If you cannot accept this Agreement, you may not access or use BannerNow. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you through the Services user interface. Any such changes will become effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Use. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at bannernow.com/privacy. All such terms are hereby incorporated by reference into these Terms of Service.
The Services are designed to provide users access to the animation editor that allows to produce animated banners ("Animations"). Requirements and Registration: You may use the Service only if you can form a binding contract with BannerNow, and only in compliance with these Terms of Service and all applicable local, state, national, and international laws, rules and regulations. The Service is not available to any Users previously removed from the Service by BannerNow. You may be required to register with us in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. 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. Modifications and General Practices Regarding Use and Storage: We may change, suspend or discontinue the Services at any time, with or without notice. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Mobile Services: The Service may include certain services that are available via a mobile device, including (i) the ability to browse the Service and the Site from a mobile device and (ii) 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 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.
The Services and its contents may only be used in accordance with the terms of these Terms of Use. All materials displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Content,” are protected by intellectual property laws as set forth in these Terms of Service. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sub-license, rent, lend, assign, gift, sell or otherwise transfer or distribute for any purposes whatsoever any portion of the Services (except of Animations that are created using BannerNow). Images gallery that is provided inside the editor can be used only to produce animations and banners and cannot be used separately in any other form. Without limiting the foregoing, in connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of BannerNow and our licensors, affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in such technology or software. Any rights not expressly granted herein are reserved by BannerNow. Without limiting the foregoing, large scale copying of Content is prohibited except as expressly authorized by BannerNow. To be clear, this applies to all Content, including Content made available as part of the public domain. The Services are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. Restrictions: You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party (including without limitation by misrepresenting or mischaracterizing the rights you actually hold in any Image you upload to the Services); (ii) violates any law, statute, ordinance or regulation, or breaches any agreement to which you may be a party; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of BannerNow; or (vi) contains a virus, Trojan horse, worm, time bomb, or other harmful computer code, file, or program. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not us, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such Content to us and to grant us the rights to use such information in connection with the Services and as otherwise provided herein. Third Party Material: Under no circumstances will BannerNow be liable in any way for any content or materials of any third parties , including, but not limited to, for 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 such content. You acknowledge that we do not have a duty to pre-screen content, but that we and our designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, we and our designees will have the right to remove any content that violates these Terms of Use or is deemed by us, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Mail-list, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Services, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Services is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You understand and agree that we shall have the sole right to decide whether you are in violation of any of the restrictions set forth in this Terms of Use, and shall have sole discretion regarding the course of action to take in connection therewith.
To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide us with information regarding your credit card or other payment instrument. You represent and warrant to us that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay us the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms. You hereby authorize us to bill your payment instrument in advance on a periodic basis in accordance with the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let us know within sixty (60) days after the date that we bill you. You shall be responsible for all taxes associated with Services other than U.S. taxes based on our net income. We reserve the right to change our prices. If we do, we will provide notice of the change on the Site or in email to you. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. You may cancel your account with the Company at any time; however, there are no refunds for cancellation. In the event that the Company suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any Content or Services, any credits you have saved, any license or subscription fees for any portion of the Services, any content or data associated with your account, or for anything else.
You will indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.