PLEASE READ THIS DOCUMENT CAREFULLY. banjahero, LLC ("banjahero," "we," or "us") offers an online video sharing platform and community through its website located at banjahero.com, television and other banjahero-operated sites (collectively, the "banjahero Site") and related mobile and connected TV applications and online services (collectively and including the banjahero Site, the "banjahero Service"). By registering as a member or by using the banjahero Service in any way, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and banjahero. If you do not wish to be bound by this Agreement, do not use the banjahero Service.
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1. Who May Use the banjahero Service
AGE REQUIREMENT: You must be at least 13 years old to use the banjahero Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian's permission to use the banjahero Service. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the banjahero Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of the banjahero Service. If your child is using the banjahero Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the banjahero Service is appropriate for your child, please review our Frequently Asked Questions or contact us.
WARNING: Even if you are old enough to use the banjahero Service and/or have your parent's or guardian's permission, some of the content available within the banjahero Service may not be appropriate for you. Some content may contain mature subject matter. If you are under 18, do not view such content.
2. License to Use the banjahero Service
LICENSE: banjahero grants you a limited, non-exclusive license to access and use the banjahero Service for your own personal, non-commercial purposes. This includes the right to view content available on the banjahero Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
COMMERCIAL USE: You may not use the banjahero Service for commercial purposes unless:
• You are a banjahero premium user, in which case you may use and access the banjahero Service for commercial and non-commercial purposes, subject to compliance with the banjahero Guidelines; or
• You have the written or agreed permission from Banja Hero E Talent LLP for the same.
• RESTRICTIONS: Except as expressly permitted by banjahero in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the banjahero Service. Nor will you take any measures to interfere with or damage the banjahero Service. All rights not expressly granted by banjahero are reserved.
MOBILE APP: Your use of the banjahero Service through one of our mobile applications is also subject to our Mobile App Addendum.
3. Privacy
Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:
• What information we may collect about you;
• What we use that information for; and
• With whom we share that information.
4. Membership
REGISTRATION: To fully use the banjahero Service, you must register as a member by providing a user name, password, and valid email address or contact telephone number. You must provide complete and accurate registration information to banjahero and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the banjahero Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
5. Subscriptions and Purchases
banjahero premium: we offer banjahero premium subscriptions. Please see our subscription pages for current features and pricing. Features and prices are subject to change. Storage limits are calculated based upon source files. We may also offer add-on features and packages. banjahero premium users who wish to obtain additional storage may request a custom account by contacting us here: banjahero.com/info. Additional terms and conditions (to be shown prior to purchase) apply to custom accounts. All fees may be subject to government taxes and levies as may be applicable from time to time..
CANCELATION AND REFUNDS: Users who purchase time bound subscriptions will have a trial period of 3 days after their purchase to cancel and receive a full refund.Beyond 3 days after purchasing subscription the users will have no refund on any amount paid to Banja Hero E Talent LLP. After the cancelation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by banjahero. If your account is terminated due to your breach of this Agreement during the relevant cancelation period, you will not be refunded. If you have questions, please contact us.
RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. banjahero reserves the right to deny subscriptions, renewals, and other purchases for any reason. Premium or any other subscriptions offered may not be available to existing users whose storage as of that date exceeds the yearly maximum for a Premium account.
END OF SUBSCRIPTION: When a banjahero Premium or any other subscription as may be created from time to time by the management of Banja Hero E Talent LLP subscription ends, the account automatically becomes a Basic (free) account and banjahero may disable access to and delete any content that has been uploaded on www.banjahero.com site.. When a custom subscription ends, the account and its content will be deleted if the subscription is not renewed.
OTHER PURCHASES: Purchases of other products and services through the banjahero Service are subject to our Payment Addendum and to other terms and conditions that are presented to you at the time of purchase.
6. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the banjahero Service and continues as long as you have an account with us.Banja Hero E Talent LLP may decide on different terms as may be notified from time to time at costs that may be determined and the users need to ensure that they view the same. The talent videos may be stored and displayed on the www.banjahero.com platform for the period specifically as may be paid by the user, Banja hero E Talent LLP reserves the right to determine such period as it deems fit for a subscription period as is determined by Banja Hero E Talent LLP and will be binding on the user. In absence of any subscription and if Banja Hero E Talent LLP so decides to promote some needy talent the period in such case may not exceed a period of 30 days, beyond which the video may be removed by the Banja Hero E Talent LLP team, the decision for the same may rest with Banja Hero E Talent LLP and shall stay binding on the user.
ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the banjahero Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (3) months. Subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: banjahero may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if banjahero determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage banjahero's reputation and goodwill. If banjahero deletes your account for the foregoing reasons, you may not re-register for the banjahero Service. banjahero may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by banjahero will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. banjahero shall not be responsible for the loss of such content.
7. Content Restrictions
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
• Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
• Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
• Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
• Exploits minors;
• Depicts unlawful acts or extreme violence;
• Depicts animal cruelty or extreme violence towards animals;
• Promotes fraudulent or dubious business schemes; or
• Violates any law.
All videos you submit must also comply with the banjahero Guidelines, which are incorporated into this Agreement.
8. Code of Conduct
In using the banjahero Service, you must behave in a civil and respectful manner at all times. Further, you will not:
• Act in a deceptive manner by, among other things, impersonating any person;
• Harass or stalk any other person;
• Harm or exploit minors;
• Distribute "spam";
• Collect information about others; or
• Advertise or solicit others to purchase any product or service within the banjahero Site (unless you are an official banjahero partner or advertiser and have a written agreement with banjahero).
banjahero has the right, but not the obligation, to monitor all conduct on and content submitted to the banjahero Service.
9. Licenses Granted by You
9.1 Videos
LICENSE TO banjahero: As between you and banjahero, you own the video content ("videos") that you submit to the banjahero Service. By submitting a video, you grant banjahero and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video for the purpose of (i) displaying the video within the banjahero Service; (ii) displaying the video on third party websites and applications through a video embed or banjahero's API subject to your video privacy choices; (iii) allowing other users to play, download, and embed on third party websites the video, subject to your video privacy choices; (iii) promoting the banjahero Service, provided that you have made the video publicly available; and (iv) archiving or preserving the video for disputes, legal proceedings, or investigations.
LICENSE TO OTHER USERS: You further grant all users of the banjahero Service permission to view your videos for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the videos solely to the extent necessary to view the videos. The foregoing licenses are in addition to any license you may decide to grant.
DURATION OF LICENSES: The above licenses will continue unless and until you remove your videos from the banjahero Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos may be cached in search engine indices after removal and that banjahero has no control over such caching.
9.2 Non-video Content
As between you and banjahero, you own all non-video content that you submit to the banjahero Service. You grant banjahero and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your non-video content. In addition, you waive any so-called "moral rights" in your non-video content. You further grant all users of the banjahero Service permission to view your non-video content for their personal, non-commercial purposes. If you make suggestions to banjahero on improving or adding new features to the banjahero Service, banjahero shall have the right to use your suggestions without any compensation to you.
10. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to banjahero and grant the licenses set forth above; (ii) banjahero will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
11. Indemnification
You will indemnify, defend, and hold harmless banjahero and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the banjahero Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to banjahero violates any law or infringes any third party right, including any intellectual property or privacy right.
12. Third Party Copyrights and Other Rights
banjahero respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth on info@banjahero.com.
13. Disclaimers
banjahero reserves the right to modify the banjahero Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the banjahero Service. banjahero has no obligation to screen or monitor any content and does not guarantee that any content available on the banjahero Service complies with this Agreement or is suitable for all users.
banjahero provides the banjahero Service on an "as is" and "as available" basis. You therefore use the banjahero Service at your own risk. banjahero expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, banjahero makes no representations or warranties:
• That the banjahero Service will be permitted in your jurisdiction;
• That the banjahero Service will be uninterrupted or error-free;
• Concerning any content submitted by any member;
• Concerning any third party's use of content that you submit;
• That any content you submit will be made available on the banjahero Service or will be stored by banjahero;
• That the banjahero Service will meet your business or professional needs;
• That banjahero will continue to support any particular feature of the banjahero Service; or
• Concerning sites and resources outside of the banjahero Service, even if linked to from the banjahero Service.
• Banja Hero E Talent LLP reserves the right to upload or not any content that may be submitted to it by any user of Banja Hero E Talent.
• The cost being paid by any user to upload a video is not a confirmation or commitment to upload the video. The creative team at Banja Hero E Talent LLP reserves the right to upload the video or turn down to showcase the same on the www.banjahero.com platform, only the creative and talented content will find the platform at www.banjahero.com, the decision on same by the Banja Hero E Talent LLP creative team will be final and binding on the user/uploader.
• If the uploader finds any videos on the website which has been posted without his/her consent, he/she may contact us on info@banjahero.com. Banja Hero E Talent L.L.P holds no responsibility over its contents as it has been uploaded on our video portal through a user over which the video portal holds no control.However, it is our endeavour to keep talent protected from any unlawful post.
• The videos being uploaded are at the Uploaders own risk and Banja Hero holds no control on what user's are posting on the portal. Banja Hero is looking at ensuring good audio and video quality of content, no unlawful or obscene content and no content with any religious content.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the banjahero Service, and no warranties shall apply after such period.
14. Limitation of Liability
To the fullest extent permitted by law: (i) banjahero shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) banjahero's total liability to you shall not exceed the amounts paid by you to banjahero.
15. Compliance Notice
Banja Hero E Talent LLP is not the primary producer of the visual content contained in the banjahero Service and therefore is not answerable to any statutory body for the same, all liabilities for creating and posting of any content on the www.banjahero.com platform lies solely with the user and only the user is liable for any compliance by any statutory or government body on the same.
16. General Provisions
GOVERNING LAW: This Agreement shall be governed by the laws of Navi Mumbai jurisdiction, without regard to principles of conflicts of law. Any law or laws as may be applicable for internet/cyber and any laws that may come in force in the future
DISPUTES: Any action arising out of or relating to this Agreement or your use of the banjahero service must be commenced in the jurisdiction of Navi Mumbai courts and only the jurisdiction of Navi Mumbai will have the rights to hear such disputes.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by banjahero in exercising any right hereunder will waive any further exercise of that right. banjahero's rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without banjahero's prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from banjahero electronically. banjahero may provide all such communications by email or by posting them on the banjahero platform. For support-related inquiries, you may contact us.
On info@banjahero.com or write to us on Banja Hero E Talent LLP,EL 122,Electronic Zone,Mahape Navi Mumbai 400701.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by banjahero on the banjahero Site or a written amendment signed by an authorized representative of banjahero. A revised Terms of Service will be effective as of the date it is posted on the banjahero Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
• Privacy Policy
• Cookie Policy
• banjahero Guidelines
• Mobile App Addendum
• Payment Addendum
This Agreement constitutes the entire understanding between banjahero and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same. Notwithstanding the foregoing, this Agreement does not govern any use of banjahero's application protocol interface (API), which is governed by our API Agreement.
END OF DOCUMENT. Have a nice day.
