BANNED.town Terms of Service
*** You agree to these terms by using any BANNED.town Service ***
BANNED.town (hereafter referred to as BANNED.town, we, us or our) requires these Terms of Service (“Terms”) to govern your access to and use of our services, including our various websites, apps, ads, messaging, and any other services provided by BANNED.town (collectively, “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). This Terms of Service is part of BANNED.town’s contract with its customers.
You may use the Services only if you are at least 13 years old and agree to form a binding contract with BANNED.town and are not a person barred from receiving services under the laws of your applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations. If you are accepting these Terms and using the Services on behalf of another person, company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
Content on the Services
You are responsible for your use of the Services and for any Content you provide. That responsibility includes compliance with any applicable laws, rules, and regulations in your jurisdiction. Further, whether providing information regarding you, your account, or third party “profiles” your responsibility is to provide the most accurate Content available at the time and to make a good faith effort in doing so.
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services.
You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and we cannot take responsibility for such Content.
We reserve the right to remove ANY Content for ANY reason, but includes, for example, copyright or trademark violations, impersonation, unlawful conduct, or harassment. No harassing or “hateful” content is allowed on this site.
This judgement is at the sole discretion of BANNED.town. If you find any such Content on our Service, or if you believe that your Content has been copied in a way that constitutes copyright infringement please notify us at email@example.com.
Content Rights and Usage
By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in all media or distribution methods (now known or later developed). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for BANNED.town to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services. Such additional uses by BANNED.town, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content to adapt the Content to different media. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant BANNED.town the license described above.
BANNED.town Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, suspend or terminate users, and reclaim usernames without liability to you.
You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.
License to Use the Services
BANNED.town gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by BANNED.town, in the manner permitted by these Terms.
The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the BANNED.town name or any of the BANNED.town trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of BANNED.town and its licensors. Any feedback, comments, or suggestions you may provide regarding BANNED.town, or the Services is entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Termination of Terms
You may end your legal agreement with BANNED.town at any time by deactivating your accounts and discontinuing your use of the Services. To deactivate and delete your account from our server, login and select “edit account” under “my account” in the account navigation menu and scroll down until you see the option to delete your account.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to prolonged inactivity; or (iv) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply:
Disclaimers and Limitations of Liability
The Services are Available “AS-IS”
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. “BANNED.town” refers to BANNED.town, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE BANNED.town ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The BANNED.town Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the BANNED.town Entities or through the Services, will create any warranty or representation not expressly made herein.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BANNED.town ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE BANNED.town ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID BANNED.town, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE BANNED.town ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Featured Profile & Featured Profile Advertisers
Featured Profiles are located first / on top of all other profiles in all list across all of BANNED.town and are featured on the sidebar of pages and ads and ad types are shown throughout the BANNED.town websites at the sole discretion of BANNED.town and may change from time to time without notice. Changes may include placement, scheduling, list order, and other factors.
Featured Profile Advertisers on BANNED.town Services agree to follow the ad guidelines when managing their own ads at the BANNED.town Advertiser Dashboard. Featured Profile Advertiser agree to not disclose any statistical information to third parties. Banned.town does not guarantee any service, placements, ad impressions, click-throuh-ratios (CTR), traffic, or any other warranty for any service. The accuracy for your profile or ads is your sole responsibility.
BANNED.town may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at https://banned.town/tos, will govern the BANNED.town relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
The laws of the State of Georgia, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and BANNED.town. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Georgia, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. BANNED.town’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Virtually all sales are final and no Service refunds will be offered. If BANNED.town does offer an individual a refund in case of our error, or for any other reason, then refunds will be at the sole discretion of BANNED.town and it will not be deemed a policy.
These Terms are an agreement between you and BANNED.town. If you have any questions about these Terms, please contact us.
Effective: October 1, 2018