Terms

BanjoApp Terms of Use

Welcome to BanjoApp!

These terms and conditions of use (Terms) govern your use of BanjoApp and provide information about our service (BanjoApp Service) which we outline in more detail below. When you create an account or otherwise use BanjoApp, you agree that there is an agreement between you and BanjoApp Ltd on these Terms and that you will abide by them.

Our Service

We agree to provide you with the BanjoApp which includes all of the different functionality, features, applications, technologies and software that we provide to advance our mission: to bring families closer together to share their most intimate moments even when they are far away. The BanjoApp Service includes the following aspects:

  • personalised opportunities to communicate and create, share and receive content;
  • supporting a positive, inclusive, and safe environment for your family and love-ones. To support this we develop and use tools to help combat harmful or deceptive conduct and other violations of our Terms and policies using your information to try to keep BanjoApp secure. We also may share information about misuse or harmful content with law enforcement authorities. You can learn more about this in our Privacy Policy.
  • a stable global infrastructure for the BanjoApp Service to support communications no matter where in the world you may be, which can involve us storing and transferring data across our systems or those of our service providers around the world, including outside of your country of residence. This infrastructure may be owned or operated by us or our third party service providers.
  • our Privacy Policy which sets out in more detail how we collect and use your information in a way that go seeks to retain your privacy and that of your content, in the way that you want according to the law.

Your Commitments

In return for our providing you with the BanjoApp Service, while using the service, you agree to the following commitments in order to make BanjoApp as open, inclusive, safe and secure as possible while retaining its character of privacy, and otherwise being used in accordance with the law:

  • You are at least 13 years old.

  • You must not be prohibited from receiving any aspect of our Service under applicable laws.
  • We must not have previously disabled your account for violation of law or any of our policies or laws.

  • You must not be use BanjoApp in a harmful manner including impersonating others or providing deliberately misleading information. While you do not have to disclose your identity you must otherwise provide us with accurate and up to date information (including registration information) and not impersonate someone or create or access an account for someone else unless you have their express permission.

  • You must not do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.

  • You must not violate (or help or encourage others to violate) these Terms or our policies and will report any such conduct or content to us of which youa re aware.
  • You will not do anything to interfere with or impair the intended operation of the BanjoApp Service.
  • You will not collect information or content you access through the BanjoApp Service including by content provided by other people with whom you communicate in unauthorised ways or otherwise without consent.

  • You will not post or otherwise announce or communicate private or confidential information or do anything that violates someone else’s rights, including intellectual property.
  • We can remove any content or information you share on the BanjoApp Service if we believe that it violates these Terms, our policies, or we are required to do so by law. We can refuse to provide or stop providing all or part of the BanjoApp Service to you (including terminating or disabling your account) immediately if you: clearly, seriously or repeatedly violate these Terms, if you repeatedly infringe other people’s intellectual property rights, or where we are required to do so by law. If we take action to remove your content for violating our Community Guidelines, or disable or terminate your account, we will notify you where appropriate. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, consult our Help Center.
    Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and the section below called “Our Agreement and What Happens if We Disagree,” will still apply even after your account is terminated or deleted.

  • You must not attempt to transfer, buy or sell any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.

Your permissions

As part of our Terms, you also give us permissions that we need to provide the Service including:

  • A licence to use your content. We do not claim ownership of your content and the use of BanjoApp is not intended to change your rights in your content. We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it. To learn more about how we use information, and how to control or delete your content, review the Data Policy.

  • Permission to use your username, profile picture, and information about your relationships and actions with accounts you communicate with and [where you select, ads, and sponsored content without any compensation from us to you]. For example, where you instructed us to show you meaningful ads, we may show that you liked a sponsored post created by a brand that has paid us to display its ads that relates to your choices. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow. We respect your ad settings which can learn more about be contacting BanjoApp.
  • You agree that we can download and install updates to the BanjoApp Service on your device
  • If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone’s intellectual property or impersonates or is too similar too another user).

Intellectual Property

If you use content covered by intellectual property rights that we own or have licensed and make available (for example, images, text, designs, videos, or sounds we provide that you add to content you create or share), we or our third party licensors retain all rights to ours and their content (but not yours).

You can only use our or our third parties’ intellectual property and trademarks or similar marks as expressly permitted by our or their brand guidelines or with our or their prior written permission. You must obtain written permission from us or under an applicable open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

Our mutual agreement

Your use of BanjoApp is subject to these Terms and our Privacy Policy. If you use certain other features or related services that we introduce over time, you will be provided with an opportunity to agree to additional terms that will also become a part of our agreement and these Terms. For example, if you use payment features, you will be asked to agree to the Payment Terms. If any of those terms conflict with this agreement, those other terms will govern.

If any aspect of or particular provision within these Terms is unenforceable, the rest will remain in effect.

Any amendment or waiver to these Terms must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.

We reserve all rights not expressly granted to you.

Other parties

This agreement does not give rights to any third parties. You cannot transfer your rights or obligations under this agreement without our consent. Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.

What happens if something occurs

We will use reasonable skill and care in providing the BanjoApp Service to you and in keeping a safe, secure, and error-free environment, but we cannot guarantee or make assurances that this will alway function without disruptions, delays, imperfections or other issues. Provided we have acted with reasonable skill and care, we do not accept responsibility for: losses not caused by our breach of these Terms or otherwise by our acts; losses which are not reasonably foreseeable by you and us at the time of entering into these Terms; any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content posted by others that you may encounter on our Service; and events beyond our reasonable control. Subject to the following provision. These terms and the above do not exclude or limit our liability for death, personal injury, or fraudulent misrepresentation caused by our negligence. It also does not exclude or limit our liability for any other things where the law does not permit us to do so. Subject to this, however, our liability for any losses arising our of our performance of these Terms shall be limited to the extent permitted by law.

Disputes

If you are a consumer and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms (“claim”), and you may resolve your claim in any competent court in that Member State that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved in a competent court in the United Kingdom and that the laws of England and Wales will govern these Terms and any claim, without regard to conflict of law provisions.

Feedback

We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.

Updating These Terms
We may change our BanjoApp Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account, here.
Version: 1 September 2018.