READ OUR TERMS OF CONDITIONS
Last updated: December 6, 2018
1. Basic Terms
You are responsible for your use of the Services and for any consequences thereof. You may use the Services only if you can form a binding contract with Banyan Way and are not a person barred from accessing the Services under the laws of the United States or other applicable jurisdiction. If you are under 21 years of age you may not use or access the Services for any reason. Please contact us if you are aware that a person under 21 is using the Services. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Banyan Way may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for Banyan Way granting you access to and use of the Services, you agree that Banyan Way, third party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others.
You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your Banyan Way account. Banyan Way cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or a name or trademark that is subject to any rights of another person without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
4. Dating Profile Information and Content
By creating or viewing a dating profile on the Services, you expressly represent that:
- Any information provided in your dating profile is accurate and truthful;
- You are the owner of any images or photographs in your dating profile and the image subjects have been correctly identified;
- You will not use the Services to “catfish” or otherwise misrepresent your identity;
- You are or you have the express consent and authority of the person profiled;
- You will use any images or information contained in other user’s dating profiles only as expressly provided for under the Services; and
- You will not copy, print or screenshot the images from another user’s profile.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Banyan Way has the right but not the obligation to monitor and edit all Content provided by users.
Please be aware that Banyan Way does not verify the accuracy of dating profile information and does not run background checks on its users. Any use or reliance on any information you obtained through the Services is at your own risk. We are not responsible for the actions of our users or your interactions with other users and we advise you to use the services safely and responsibly. 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. Under no circumstances will Banyan Way be liable in any way for any content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
5. Banyan Way Rights
All right, title, and interest in and to the Services and any content available on the Services are and will remain the exclusive property of Banyan Way and its licensors. The Services and its content are protected by copyright, trademark, and other laws of both the United States and foreign countries. Banyan Way reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Banyan Way, or the Services are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
6. Restrictions On Use Of The Services
We reserve the right at all times (but will not have an obligation) to suspend and or terminate users or reclaim usernames without liability to you.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Banyan Way's computer systems, or the technical delivery systems of Banyan Way providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Banyan Way (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Banyan Way (NOTE: scraping the Services without the prior consent of Banyan Way is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services.
You agree not to post any content on the Services that:
- Is harassing, impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
- Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;
- Violates the Banyan Way Community Guidelines;
- Is a direct and specific threat of violence to others;
- Violates any contractual obligation to refrain from photographing, filming or streaming any performance, event, film, concert, sporting event or other happening;
- Is furtherance of illegal activities; or
- Is abusive, or constitutes spam.
7. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email at email@example.com
8. Ending These Terms
The Terms will continue to apply until terminated by either you or Banyan Way as follows.
You may end your legal agreement with Banyan Way at any time for any reason by deactivating your accounts and discontinuing your use of the Services. In order to deactivate your account, please contact us at firstname.lastname@example.org.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Community Guidelines, (ii) you create risk or possible legal exposure for us; or (iii) 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 through the Services the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except those Sections you would expect to survive termination.
Nothing in this section shall affect Banyan Way's rights to change, limit or stop the provision of the Services without prior notice, as provided above.
9. Disclaimers, Limitations Of Liability and Indemnity
Please read this section carefully since it limits the liability of Banyan Way and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Banyan Way Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available “AS-IS”
Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THE BANYAN WAY ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Banyan Way Entities make no warranty and disclaim all responsibility and liability for: (i) any actions of Banyan Way users; (ii) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (iii) 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; (iv) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; (v) 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 Banyan Way Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party services or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such services or resources; or (ii) the content, products, or services on or available from such services or resources. Links to such services or resources do not imply any endorsement by the Banyan Way Entities of such services or resources or the content, products, or services available from such services or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such services or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BANYAN WAY 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, GOOD-WILL, 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 BANYAN WAY ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID BANYAN WAY, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO 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 BANYAN WAY 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.
To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the Banyan Way Entities from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) your failure to comply with the Terms or the Community Guidelines; (2) your interactions with any other Banyan Way user; (3) your creation of a profile for a third party or your sharing of information or images about a third party on or through the Services; and (4) any activity in which you engage on or through the Services.
10. GENERAL TERMS. Waiver and Severability
The failure of Banyan Way to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that 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.
A. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Georgia without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Fulton County, Georgia, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
B. Entire Agreement
We may revise these Terms from time to time, the most current version will always be at https://www.banyanway.com/Home/TermsAndConditions. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 8 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us.
Last updated: December 6, 2018
Banyan Way Inc. ("us", "we", "our," or “Banyan Way”) operates the www.banyanway.com website (the “Website”) and the Banyan Way mobile application and related services (collectively, the "Services").
This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use the Services.
People under 21 years of age are not permitted to use the Services for any purpose and Banyan Way does not collect information from or about anyone under the age of 21. Users are not permitted to use the Services to create a profile for a person under 21 years of age. If we learn we have collected or received personal information from or about a person under 21, we will delete that information. If you believe we might have any information from a person under 21, please contact us at email@example.com.
The Information We Collect
Creating a Dating Profile
If you register to use the Services and create a profile for yourself or your adult son or daughter, you may voluntarily give us certain information about yourself or your son or daughter such as name, email address, name, phone number, postal address, dating preferences, photographs or other information. You may also voluntarily give us information that could be considered sensitive such as gender, sexual orientation, religion, political affiliation and other information you provide. By creating a profile and uploading information and photographs you expressly represent that you have the full right and permission to upload the information in accordance with this policy.
Visiting the Services
If you contact us or register to join a mailing list, you may voluntarily provide certain information that can be used to contact or identify you, such as your email address, name, phone number, postal address and other information related to your question or preferences. We collect this information for the purpose of providing the Services, identifying and communicating with you, responding to your requests/inquiries and improving the Services. You may opt out of receiving marketing communications from us by following the unsubscribe link or instructions provided in any email.
When using the Services you may choose to provide information on publically accessible portions of the Services, such as your dating profile, or share information with other registered users through private messages. Please be aware that any information you publically post on the Services may be viewable by Banyan Way members or the general public. We recommend you use caution when publically posting or sharing privately information on the Services and that you do not post personal information or other information you are not comfortable sharing with the general public.
If you’re using the Services on your mobile device, you may also choose to provide us with location data.
Website Access and Log Data
Like most website operators, Banyan Way collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request when visitors use the Services. Banyan Way’s purpose in collecting non-personally identifying information is to better understand how Banyan Way’s visitors use the Services. From time to time, Banyan Way may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its Services. Banyan Way also collects potentially personally-identifying information like Internet Protocol (IP) addresses and may collect statistics about the behavior of visitors to the Services. For instance, Banyan Way may monitor the Services to help identify spam. We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
In addition to log data, we may also collect information about the device you’re using to access the Services, including the type of device, the operating system, device settings, device identifiers and crash data. Whether we collect some or all of this information often depends on what type of device you’re using and its settings. To learn more about the information your device makes available to us, please review the policies of your device manufacturer or software provider.
We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase the Services’ functionality. These third party service providers have their own privacy policies addressing how they use such information.
If you do not accept cookies, you may not be able to use some features of the Services and we recommend that you leave them turned on.
We also use remarketing cookies to advertise on third party web sites, such as Twitter and Facebook, after you use the Services.
How We Use Your Information
We use the information we collect to provide you full access and functionality of the Services. Accordingly, your information may be used for the following purposes: (i) to provide and improve our services, features and content; (ii) to administer your use of our services and accounts; (iii) to enable users to enjoy and easily navigate the Services; (iv) to better understand your needs and interests; (v) to fulfill requests or to respond to questions or comments you may make; (vi) to personalize your experience; (vii) to provide you with announcements, notifications and advertisements related to your interests and use of the Services and other communications such as electronic newsletters, promotional e-mails or similar messaging; (viii) to provide service announcements; (ix) to protect against users seeking to hack into the Services; (x) to assess the level of general interest in the Services and (xi) for any other purpose with your consent.
How We Disclose Your Information
Dating Profile Information
The information you provide in the publically accessible portion of your dating profile will be available to other registered users of the Services. This may include first name, profile picture age and other information you voluntarily provide. The information you use to create an account (including full name, phone number, email address and search criteria) will not be accessible to other registered users or otherwise made publically available.
You may choose to use private messaging or chat functions on the Services. Please be aware that any information or images you disclose to another registered user through private messaging or chat could become publically available. Though it is unlikely, Banyan Way may review the content of your private messaging or chats in the event Banyan Way feels it is reasonably necessary to protect the safety or property of Banyan Way, its users or the general public.
Please only post information to your dating profile or share information in a direct message or chat that you are comfortable sharing with other members and that you have the full right and authority to post in accordance with these terms. By accessing the Services, you expressly agree not to use any images or information you learn about any other Banyan Way members except as expressly provided for on the Services. Upon any member’s request, you expressly agree to delete and not use their information or images for any further purpose.
We may disclose non-personally identifiable aggregated information about our users without restriction.
Except as otherwise provided in this policy, we disclose the potentially personally-identifying information you disclose to Banyan Way only to those of our employees, contractors and affiliated organizations that (i) need to know that information in order to process it on our behalf or to provide the Services, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country and by using the Services, you consent to the transfer of such information to them.
Other than to its employees, contractors and affiliated organizations or as described above, we disclose personally-identifying only when required to do so by law, or when we believes in good faith that disclosure is reasonably necessary to protect the property or rights of Banyan Way, third parties or the public at large. If you send us a request (for example via chat, a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users.
In addition, in some cases we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if Banyan Way or substantially all of its assets were acquired, or in the unlikely event that Banyan Way goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Banyan Way may continue to use your personal and non-personal information only as set forth in this policy. Otherwise, we will not rent or sell potentially personally-identifying and personally-identifying information to anyone.
We may also disclose your personally-identifying information if you expressly consent to the disclosure.
Banyan Way is committed to protecting your personal information. We regularly test our facilities and use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure.
Links to Other Sites
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section § 1798.83 permits users of the Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org or write us at:
ATTN: Customer Support
Banyan Way Inc
12460 Crabapple Road
Alpharetta, GA 30004