Terms & Condition
(Last Updated July 23, 2023)
Overview
Welcome to the Bannerbite website and mobile application, provided to by Mari Kreasi Digital
This Bannerbite terms of service sets forth the conditions on which we will provide the services and products offered through the site www.bannerbite.com (“the website and mobile application”). The contents and materials on this website and mobile application is regulated through internet hosting standards and Data protection regulations. These Terms govern your use of the Service whether or not you are a registered user.
We advise you to read the General Terms carefully to ensure that you are aware of your rights and obligations. WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME, WHEREOF WE WILL PROVIDE NOTICE ON THE SITE. YOUR CONTINUED USE OF OUR SERVICE THEREAFTER CONSTITUTES ACCEPTANCE OF SUCH CHANGES.
Please read all of the following terms and conditions very carefully before using the website and mobile application. By accessing and or using the site, you agree to be bound by all of the following terms of use and privacy policy.
Overview
General Terms
Who we Are
Legal Disclaimer
Your Responsibility
Eligibility and Legal Capacity
Open Source Software
Membership, Registration & Access Controls
Account
Agreement between the user and Bannerbite
Changes to Terms
Applicability
Mobile
Permitted Use
Submitting or Uploading materials to the website and Mobile Application
Contents Standard
Ownership of Your Content
Copyright and Limited License
Repeat Infringer Policy
Copyrights Complaints
Trademarks
Acceptable Use
Cookies notice
Third-Party Content
Indemnification
Exclusion of Liability
Disclaimer Of Warranties Waiver
Electronic communication
Children’s Privacy Policy
Content feeds
No Reliance
Local Regulations
Legal Identity
Your California Privacy Rights (CALOPPA)
Data and Privacy
Reporting Violations
Protecting Personal Data (PIPEDA)
Legal Agreement
Our GDPR Obligations
Dispute Resolution; Binding Arbitration
No Representative Actions
Arbitration of Disputes
Governing Law and Venue
Termination
Severability
Copyright License
Contact Us
General Terms
Bannerbite Terms of Use (Terms) presented in this document are the fundamentals rights and obligations that users and Bannerbite website and mobile application have and agree on when using Bannerbite service. These Terms constitute a binding agreement between Bannerbite and you as a user. When you use the Bannerbite website and mobile application, you agree to the Terms, and they affect your rights and obligations. If you do not accept any or one of the terms and policies herein, please kindly stop using this website and mobile application immediately.
Bannerbite reserves the right at any time and in our sole discretion to change or modify these Terms or any policy or guideline of the website and mobile application and platform. If we make changes or modifications to these Terms, we will provide you with notice of such changes, such as by sending an e-mail, providing advice through the Services, or updating the “Last Updated” date at the top of these Terms on our site. So we implore you to frequently review the Terms and applicable policies guiding your use of the website and mobile application. If you do not agree to the amended terms, you must stop using the Services immediately.
Who we Are
The Sites are owned and operated by the Mari Kreasi Digital company registered in Indonesia. The Bannerbite products includes uploading animated graphics to broadcast / live stream video services and, any other products offered by Bannerbite.
Legal Disclaimer
Please note that your access and use of the website and mobile application is at your own risk. Bannerbite is not responsible for any type of loss or damage which you may sustain as a result of accessing and using the website and mobile application. Bannerbite assumes no responsibility for the contents of any other website and mobile applications to which the website and mobile application may have links, and if you access any such third-party linked sites, you do so at your own risk. Bannerbite’ inclusion of links to such website and mobile applications does not imply any endorsement by us of the materials on such sites. Bannerbite does not permit any third party to operate a link to the website and mobile application, nor does it permit any third party to frame the website and mobile application without obtaining Bannerbite’ prior written consent.
Your use of the website and mobile application is at your own risk and subject to all applicable national and international laws and regulations. Bannerbite have no responsibility for any information or services obtained by you on the site. Bannerbite reserves the right to modify, supplement, move or delete portions of or add to the website and mobile application at any time with or without notice.
Your Responsibility
You agree that you will be liable to us for any damage, loss, claim, demand, liability or expense (including reasonable legal fees) that we may suffer or incur arising out of or in connection with your conduct on the Sites and/or your breach of these Terms of Use
Open Source Software
For the purpose of these Terms, “Open Source Software” means any software that is licensed under any license terms or other contract terms (“Open License Terms”) which require, as a condition of use, modification and/or distribution of such software and/or any other software incorporated into, derived from or distributed with such software (“Derivative Software”), any of the following: (i) that the source code of such software and/or any Derivative Software be made available to third parties; (ii) that permission for creating derivative works of such software and/or any Derivative Software be granted to third parties; and/or (iii) that a royalty-free license be granted to third parties under any intellectual property rights contained in the software and/or any Derivative Software. By means of example and without limitation, Open License Terms include the following licenses or distribution models: the GNU General Public License (GPL), the GNU Lesser or Library GPL (LGPL), or any similar open source, free software or community licenses; and
In connection with the permitted use of the Site and the Materials, you shall not use any Open Source Software that subjects the Site or the Materials, in whole or in part, to all or part of any Open License Terms. You shall not use any Open Source Software in combination or integrated with any of the software provided under these Terms, the Limited Evaluation License or the Commercial Use License without (i) OpenTV’s prior written consent of such intended use and (ii) full compliance with any and all requirements and rules provided by OpenTV for such Open Source Software in connection with the software provided hereunder. In the event that you do not meet such obligations and the use of any Open Source Software results in any of the software provided by OpenTV under these Terms, the Limited Evaluation License or the Commercial Use License or portion thereof, being subject to Open License Terms, then you shall fully indemnify OpenTV and its Affiliates for any and all losses, costs, expenses, and damages that OpenTV or its Affiliates may suffer because of such use.
Eligibility and Legal Capacity
You must be at least 18 years of age to access or use our website and mobile application. If you are using the website and mobile application on behalf of a person or entity, you agree that you are authorized to accept these Terms on that person’s behalf and that the person or entity agrees to be responsible to us if you or the person or entity violates these Terms.
Membership, Registration & Access Controls
Certain areas of the Sites may require registration or may otherwise ask or require you to provide information to participate. When you choose to provide information to a Site, you agree to provide only true, accurate, current and complete information. If you register with us, you agree you will not sell or otherwise transfer your membership or any membership rights. We reserve the right to terminate your account or otherwise deny you access in its sole discretion without notice.
You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Sites. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Sites, including, without limitation, those governing your transmission or use of any software or data.
Account
In order to access the Site, the Users is required to create an account, (Account) We have 4 types of accounts: namely
Free account
Basic (subscription payment)
Pro (subscription payment)
Business (subscription payment)
If you choose to create an account with Bannerbite with one of our subscription packages you will be required to provide current, accurate identification, contact, and other information (‘Users Information’) as part of the account registration process and/or continued usage of the Site offered by Bannerbite and its subsidiaries or affiliated companies. “Users Information” referred to herein above also includes but is not limited to any information provided by the Users to Bannerbite or to other Users of the site.
Furthermore, the User’s Information, and ID provided during time of registration may not be transferred or sold to another party.
The Users is responsible for maintaining the confidentiality of their account and password and for restricting access to their devices, which includes but is not limited to computers, mobile devices and/or any other device a substantial purpose of which is facilitating telephonic communication, but which also incorporates functionality that allows viewing of the Sites and its contents. The Users agree to accept responsibility for all activities that occur under the User’s account or password.
Bannerbite reserves the right to refuse service, terminate accounts, remove or edit contents, and/or cancel orders in Bannerbite sole discretion
Agreement between the user and Bannerbite
This Website and mobile application is offered by Bannerbite acting for itself and its associated companies, as a service to you, the ‘User’ on the following terms and conditions and any and all other notices, rules, guidelines and conditions stated elsewhere in the Web site, all of which are incorporated by reference (the “Terms” or the “Terms of Business). In consideration of your use of the Web site, you agree that your use of this Web site and/or your acceptance without modification of the Terms constitutes your agreement to all such Terms. Unless explicitly stated, each new product or service we may add from time to time to the Service shall be subject to the Terms.
If you do not agree with the Terms then you are not authorised to use this Website and mobile application.
Changes to Terms
We are always working on adding additional features to our Services, and because of that, and also since sometimes applicable laws change, we may revise and reissue these Terms occasionally, by posting updated Terms. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Services. You should visit this page regularly to review the current Terms. If you do not agree with our updated Terms, you should stop using our Services or close your account. Your continued use of any of our Services means you accept every of our revised terms.
Applicability
These terms and conditions apply to every user or Customer that places an order for a Bannerbite products. Before the conclusion of a transaction or order, the text of these general terms and conditions will be made available to the user.
Mobile
The Site may offer features and services that are available to you via your mobile device. These features and services may include, without limitation, the ability to upload content to the Sites, receive messages from the Sites, download applications to your mobile phone or access Site features (collectively, the “Mobile Features”). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Carrier fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. You agree that the Mobile Features for which you are registered may send communications to your mobile device regarding Bannerbite. Further, we may collect information related to your use of the Mobile Features. If you have registered for Mobile Features, you agree to notify Bannerbite of any changes to your mobile number and update your account(s) on the Sites to reflect this change. Instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. Typically, you will text a keyword (e.g., “STOP”) to the applicable shortcode for the Mobile Feature. In all cases, if you reply STOP to any text message received, you will opt-out from receiving those text messages.
Permitted Use
The Site and services are for your personal, non-commercial use only. They may only be accessed and used by a private individual or by a business to seek a Product directly for that individual or business. Access to and use of the Sites other than for your personal, non-commercial purposes is strictly prohibited.
You are not permitted to use the Sites:
in any unlawful, fraudulent or commercial manner;
to harm, threaten, abuse, embarrass, defame, libel, intimidate or harass another person, or in a way that invades another person’s privacy or is obscene, offensive, hateful, indecent, inappropriate, objectionable, unacceptable, discriminatory or damaging as determined by us;
to create, check, confirm, update, modify or amend another person’s records;
to tamper with, modify, reverse engineer or amend any part of this Sites;
in a way that interferes with, disrupts or imposes an unreasonable or disproportionately large burden on our communications and technical systems; or
with any automated software, process, program, robot, web crawler, spider, data mining, trawling or other “screen scraping” software, process, program or system.
Except for certain products or services, this Sites are intended for use only by customers who are located in the US. We make no warranty or representation that any Product and/or any service we provide is available or otherwise appropriate for use outside of the US. If you choose to use the Sites from locations outside the US, you do so at your sole risk and you are responsible for compliance with all applicable local laws.
You may operate a link to the Sites provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, as determined by us. You must not operate a link to the Sites in such a way as to suggest or imply any form of association, approval or endorsement by us. We reserve the right to require you to remove any link to the Sites immediately and at any time and we may withdraw any linking permission at any time
Submitting or Uploading materials to the website and Mobile Application
Whenever you make use of a feature that allows you to upload or submit material to the Website or mobile application, or to make contact with other users of the service, you must comply with the content standards set out below. You warrant that any such contribution does comply with those standards and you indemnify us for any breach of that warranty.
Any material you submit or upload to Bannerbite will be considered non-confidential and non-proprietary, and you grant us a non-exclusive, perpetual, royalty-free, worldwide licence to publish such material in any format, including without limitation print or electronic format and to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to Bannerbite constitutes a violation of their intellectual property rights, or of their right to privacy or that it is defamatory of such person.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website or mobile application.
Publication of any material you submit to us will be at our sole discretion and we reserve the right to make additions or deletions to the text or graphics prior to publication or to refuse publication. We further reserve the right to remove any material or posting you make on the Website or mobile application if, in our sole discretion, such material does not comply with the content standards set out in these terms. We reserves the right to remove any content created on Bannerbite (e.g. shots, comments, messages, avatars, etc.) for any reason whatsoever
Content Standards
These section describe the type of contents applicable to your use of the Bannerbite service and standards (as further described in the following Guidelines which are incorporated herein by reference) apply to each part of any contribution as well as to its whole.
Contributions must:
Be accurate (where they state facts)
Be genuinely held (where they state opinions)
Be original to you
Comply with any applicable law worldwide and in particular in the United States and in any country from which they are posted.
Contributions must not:
Be obscene, offensive, hateful, inflammatory, incite violence or contain sexually explicit material;
Advocate, promote or assist any illegal activity of any kind;
Be defamatory or any person or violate another person’s privacy rights or otherwise contain unlawful material;
Infringe any copyright, database right or trade mark of any other person or party;
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
Give the impression that they emanate or are endorsed by us, if this is not the case; and
Falsely endorse a good or service.
The area of the Website and mobile application where registered users can submit details of their contents is intended for individual users and not company or information.
Ownership of Your Content
You represent and warrant that: (i) you own or otherwise have the right to grant the licenses set forth in the Content that you provide to and post on the Services, contribute to other Members, or provide for our memoir services, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity.
Copyright and Limited License
Unless otherwise indicated, Bannerbite Services and all materials on the website and mobile application, including, without limitation, the Bannerbite logo and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof, (collectively, the “Bannerbite Materials”) are the property of Bannerbite or our licensors and protected by the United State Of America. and international copyright laws.
Bannerbite grants you a limited, non-exclusive, and non-sub licensable license to access and use the website and mobile application and Bannerbite Materials. However, such consent is subject to these Terms and does not include: (a) any resale or commercial use of the Services or the Bannerbite Materials. (b) The collection and use of any product listings, pictures, or descriptions. (c) the distribution, public performance or public display of anyBannerbite Materials; (d) modifying or otherwise making any derivative uses of the Services and the Bannerbite Materials, (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Services, the Bannerbite Materials or any information contained therein, except as expressly permitted on the Services; or (g) any use of the Services or the Bannerbite Materials other than for their intended purposes. Any use of the Services or the Bannerbite Materials other than as specifically authorized herein, without the prior written permission of Bannerbite, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be conferred any license to intellectual property rights, whether by implication or otherwise. This license is revocable at any time.
Repeat Infringer Policy
Following the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Bannerbite has adopted a policy of terminating, in appropriate circumstances, and in Bannerbite’ sole discretion, users who are repeat infringers. Bannerbite may also, in our sole discretion, limit access to the Services if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Copyright Complaints
If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
For the requirements of a proper notification
Mari Kreasi Digital
Address: Cibis 9 Building - TB Simatupang, Jakarta
E-Mail Address: support@bannerbite.com
You must not knowingly misrepresent your information that the Material is infringing when it is not. You will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the Material or activity claimed to be infringing.
Trademarks
The Bannerbite logos, the slogan, and any other Bannerbite’ product or service name or slogan contained on the Services are trademarks of Bannerbite. They may not be copied, imitated, or used, in whole or in part, without the prior written permission of Bannerbite or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Bannerbite” or any other name, trademark or product or service name of Bannerbite without our prior written permission. Also, the look and feel of the Services, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark or trade dress of Bannerbite and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and Bannerbite or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Acceptable Use
When you contribute, upload or otherwise provide User Content to the Sites, you agree to comply with the following Community Usage Rules (“Rules”):
User Content must be yours. All User Content must be original with you, not copied from someone else’s work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Sites and elsewhere.
No pictures or images of anyone but you and your friends and family. If you choose to upload photos to the Sites, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know but only with their express permission to post it.
Don’t upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
Keep it relevant. Your User Content should relate to the content on the Sites and should be intended to add to the discussion and community on the Sites.
Please follow codes of social decency. Express yourself with non-offensive individual self-expression. Be respectful of others’ opinions and comments so we can continue to build a community for everyone to enjoy. If you think your User Content might offend someone, chances are it probably will and it doesn’t belong on the Sites. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual orientation or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
Do not use the Sites for commercial purposes. Your User Content may not advertise or promote a product or service except those provided on the Sites. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.
Do not upload User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your User Content, don’t upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
No violence. Your User Content may not promote violence or describe how to perform a violent act.
Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.
Public forum. We hope that you will use the Community Forums to exchange information and content and have discussions with other members. However, please remember that the Community is a public forum and User Content that you post on the Community will be accessible and viewable by other users. Do not post personal information (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information).
Don’t share other people’s personal information. Your User Content may not reveal another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
Don’t damage the Sites or anyone’s computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Sites or any computer system.
In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
Cookies Notice
Our Sites use cookies. Our cookies do not contain any personally identifiable information, but without them, some elements of our Sites may not function correctly. Cookies are a standard feature of modern web browsers. They are small files that are stored in your web browser and used to make website and mobile applications work efficiently.
Some of the cookies we use are essential for our Sites to function. To maximize your online experience, we enable cookies on the site to help us understand how we can improve or analyze the success of promotions For more information about our cookies policy, please visit our cookies policy page.
Third-Party Content
Bannerbite may provide third party content on the Services. They may contain links to web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. Bannerbite does not control, endorse, or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Bannerbite is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content at their own risk.
Indemnification
You agree to defend, indemnify, and hold harmless Bannerbite, our independent contractors, service providers, and consultants. From and against any claims, damages, costs, liabilities, and expenses arising out of or related to; (a) your use of the Services; (b) any User Content or Submissions you provide. (c) your violation of these Terms. (d) your violation of any rights of another, or (e) your conduct in connection with the Services.
Exclusion of Liability
Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence or for our fraud. Subject to these section, we do not accept any responsibility or liability for any loss or damage you may incur:
if any information, content, material or data you provide on the Sites is not correct, complete and accurate, or if it is misleading, or if you fail to disclose all relevant facts;
in the event that any Product you apply for does not meet your requirements or is not suitable for you;
in connection with the accuracy or content of any reviews of products or services displayed on our Sites or on any other website and mobile application that you may access via our Sites;
for any acts, omissions, errors or defaults of any third party in connection with that product or service;
which are indirect or not foreseeable by us when you accessed or used the Sites;
arising from an inability to access the Sites, from any use of the Sites or from reliance on the data transmitted using the Sites where such losses or damages are caused by any event beyond our reasonable control including as a result of the nature of electronic transmission of data over the internet;
We do not give any warranty that the Sites are free from viruses or anything else which may have a harmful effect on any technological device.
Disclaimer Of Warranties Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, INCLUDING, WITHOUT LIMITATION, THE SITE CONTENT, AND ANY PRODUCTS SOLD OR LICENSED BY Bannerbite THROUGH THE SITE, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Bannerbite AND ITS PARENT COMPANIES, AFFILIATED ENTITIES, VENDORS AND THE DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “Bannerbite PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITES AND THE SITE CONTENT; (B) PRODUCTS SOLD OR LICENSED BY Bannerbite THROUGH THE SITE; (C) USER CONTENT; AND/OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO Bannerbite OR VIA THE SITE. IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE Bannerbite PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE Bannerbite PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE Bannerbite PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITES ARE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE Bannerbite PARTIES DO NOT WARRANT THAT YOUR USE OF A SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE Bannerbite PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
BY ACCESSING OR USING A SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
Electronic Communications
For contractual purposes, you (1) consent to receive communications from Bannerbite in an electronic form such as e-mail, to provide exclusive deals, and promotion. (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Bannerbite provides to you electronically via e-mail satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.
Children’s Privacy Policy
Bannerbite respects the privacy of children, and we are committed to complying with the Children’s Online Privacy Protection Act (COPPA). This Children’s Privacy Policy describes our practices concerning the collection of personal information from children under the age of 18. This site does not knowingly collect, use, or disclose personal information from children under the age of 18 without prior parental consent, or do we provide Bannerbite services to children under 18 years of age except as permitted by COPPA. However, we may provide our service to children under 18 years of age but in the supervision of a parental guardian.
Content feeds
We make some of the website content (“feed content”) available via real simple syndication and atom feeds (“feeds”). You may access and use the feeds in order to display feed content on your personal computer, website, or blog (“your website”), provided that (i) your use of the feeds is for personal, non-commercial purposes only, (ii) your display of the feed content links back to the relevant pages on our websites, and attributes us as the source of the feed content, (iii) your use or display of the feed content does not suggest that we promote or endorses any third party products, causes, ideas, websites, products or services, including your website, (iv) you do not redistribute the feed content, and (v) your use of the feeds does not overburden our systems. We reserve all rights in the feed content and may terminate the feeds at any time.
No Reliance
You should not solely rely on the Material but should instead seek other opinions before taking or failing to take any action, which could lead to injury, harm, death, or damage of any kind.
Local Regulations
We make no representation that our service is available for use or permitted by law in any particular location. To the extent you choose to access our website and mobile application, you do so at your own risk and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You are responsible for complying with local laws, if and to the extent local laws are applicable. You expressly agree to comply with all applicable laws concerning the transmission of technical data exported from your country or the United State Of America.
Legal Identity
Bannerbite is a trademark name of PT. Mari Kreasi Digital,
Your California Privacy Rights (CALOPPA)
Under California Civil Code Section 1798.83, California residents have the right under certain circumstances to receive, once per calendar year, information about third parties with whom we have shared information about you or your family for the marketing purposes of those third parties during the previous calendar year, a description of the categories of personal information shared, and a description of the nature of the business with whom it was shared.
To read more about your California Citizen Rights, please visit our CCPA Page
Data and Privacy
By using Bannerbite, you agree to the collection, transfer, storage, and use of your personal information by Bannerbite on our servers located in the United State Of America and located in EU. as further described in our Privacy Notice. You and Bannerbite shall process personal data received under and in connection with this User Agreement, each as a separate and independent controller. In no event will Bannerbite and you process personal data under or in connection with this User Agreement as joint controllers or a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law.
You shall comply with your obligations under applicable data protection law (including but not limited to the Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”)) and supplementing EU and local data protection law. These include, but not limited to, an obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organization. You shall process personal data received from Bannerbite exclusively for the purpose(s) you collected the personal data under or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the particular purpose(s). Any further processing of the personal data Not permitted except when legally required (e.g., if a retention obligation applies).
Failure to abide by the obligations mentioned above may result in disciplinary action up to and including account suspension.
Reporting Violations
While we are under no obligation to review Your Content, we reserve the right to do so at any time. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. And we may cooperate with such authorities as they may request, all without liability to us.
Protecting Personal Data (PIPEDA)
By using the Website covered by this Agreement, the Users agrees to the collection and processing of personal data used in this website for the purposes of private security services and facilities management. As a result, the Users authorizes Bannerbite and its subcontractors to collect and process this data in accordance with the legal, regulatory and European provisions, (hereinafter “GDPR”) and the Data Protection Act. To this end, Bannerbite Data Protection Officer (DPO) who constantly ensures compliance of all personal data processing in progress within Bannerbite.
In addition,Bannerbite certifies the following:
It implements appropriate technical and organizational measures to ensure and be able to demonstrate that the processes are carried out in accordance with the GDPR Regulation when it acts as data controller.
It provides sufficient guarantees as to the implementation of appropriate technical and organizational measures so that any processing of personal data meets the requirements of the GDPR and guarantees protection of the rights of the person in question when acting as a subcontractor.
In the event of subcontracting, it retains only those subcontractors who provide sufficient guarantees that appropriate technical and organizational measures will be implemented so that any processing of personal data meets the requirements of the GDPR and guarantees protection of the rights of the person in question
Lastly, Bannerbite undertakes to implement appropriate technical and organizational measures to retain personal data for the duration stipulated depending on the nature of said data.
Bannerbite is committed to protecting the privacy of your personal information and that of our customers. By using the Bannerbite Services, You acknowledge and agree thatBannerbite collection, usage and disclosure of this personal information is governed by our Privacy Policy. Additionally, if: (a) You are established in the European Economic Area (EEA); (b) You provide Bannerbite Services to customers in the EEA; or (c) You are otherwise subject to the requirements of the EU General Data Protection Regulation, Bannerbite collection and use of personal information of any European residents is also subject to our Data Processing Addendum.
If Bannerbite Website is involved in the communication for a Bannerbite Services agreement between the users and Bannerbite, it shall transfer the data required for this agreement to the respective service provider. This service provider processes and uses the data to initiate, conclude and execute the contract on its own responsibility. The identity of the respective service provider can be taken from the platform contact us page
Legal Agreement
If any provision of these Terms of Use is held to be unlawful, invalid or unenforceable, that provision shall be deemed deleted from these Terms of Use and the validity and enforceability of the remaining provisions of these Terms of Use shall not be affected. These Terms of Use, together with our Privacy Policy and Cookies Policy, constitute the entire agreement between you and us relating to your access to and use of the Sites and supersede any prior agreements (including any previous terms of use of the Sites).
No failure or delay by us in exercising any right under these Terms of Use will operate as a waiver of that right nor will any single or partial exercise by us of any right preclude any further exercise of any right. These Terms of Use and your access to and use of the Sites shall be governed by and interpreted in accordance with English law.
Each of you and us submits to the exclusive jurisdiction of the Delaware Supreme Court in connection with these Terms of Use and your access to and use of the Sites (including any claims or disputes).
Our GDPR Obligations
If you use this site or services, you agree and accept that Bannerbite will undertake To do the following with your provided information:
Process the personal data within the services specified in these terms only on documented instructions from you unless required by applicable laws to which we are subject. In which case we shall, to the extent permitted by applicable laws, inform you of that legal requirement before the relevant processing of that personal data;
Inform you if we consider that an instruction violates data protection laws or regulations. We shall then be entitled to suspend the execution of the relevant instructions;
Ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
Taking into account the nature of the processing, assist you by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of your obligation to respond to requests for exercising the data subject’s rights;
Assist You In Ensuring Compliance With The Obligations Under Articles 32 To 36 Of The GDPR Taking Into Account The Nature Of Processing And The Information Available To Us;
At Your Choice, Delete Or Return All The Personal Data To You After The End Of The Provision Of Services Relating To Processing, And Delete Existing Copies Unless Applicable Law Requires Storage Of The Personal Data;
Make Available To You Information Necessary To Demonstrate Our Compliance With The Obligations Laid Down In This TERMS.
Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Bannerbite and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions
You and Bannerbite agree that any dispute arising out of or related to these Terms or our Services is personal to you and Bannerbite and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes
Except for small claims disputes in which you or Bannerbite seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Bannerbite seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Bannerbite waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Bannerbite or relating in any way to the Services, you agree to first contact Bannerbite and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Bannerbite by email at support@bannerbite.com The Notice must
Include your name, residence address, email address, and telephone number;
Describe the nature and basis of the claim; and
Set forth the specific relief sought.
Our notice to you will be similar in form to that described above. If you and Bannerbite cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. In accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules is available on the JAMS site and are hereby incorporated by reference. You either acknowledge or agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and Bannerbite agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrator, Bannerbite, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Bannerbite will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this agreement by sending an email to support@bannerbite.com In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with this agreement.
If any portion of this Section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this terms or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this terms; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this terms is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this terms will be enforceable.
Governing Law and Venue
This Agreement shall be governed and construed in all respects by the laws of the United State of America and the Delaware Supreme Court required European Union GDPR Regulation. You agree that any claim or dispute you may have against must and be resolved by arbitration. You and Bannerbite both agree to submit to the non-exclusive jurisdiction of the Delaware Laws.
Any dispute arising from these Terms and your use of the Services will be subject to arbitration, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration; hence it will be resolved by arbitration.
Termination
Bannerbite reserves the right, without notice and in our sole discretion, to terminate your license to use the Services, and to block or prevent your future access to, and use of, the Services.
Severability
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable. Then that provision shall not affect the validity and enforceability of the remaining provisions.
Copyright License
Copyright (c) 2024(s) Bannerbite Website and mobile application. Subject to the express provisions of these terms and conditions:
We, together with our licensors, own and control all the copyright and other intellectual property rights in Bannerbite website and mobile application and the Material on our site; and
All the copyright and other intellectual property rights in the Bannerbite website and mobile application and the Material on our site are reserved.
Contact Us
If you have any questions about these Terms & conditions, please contact us at E-mail: support@bannerbite.com