BananaWorld.com reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms Of
Use at any time and you agree to be bound by such modifications, alterations or updates.
TRADEMARKS, COPYRIGHTS AND
This site is controlled and operated by BananaWorld.com. All material on this
site, including, but not limited to images, illustrations, audio clips, and video clips, is
protected by copyrights which are owned and controlled by BananaWorld.com. or by
other parties that have licensed their material to BananaWorld.com ("Copyrights").
Material from BananaWorld.com or any web site owned, operated, licensed or
controlled by BananaWorld.com may not be copied,
reproduced, republished, uploaded, posted, transmitted, or distributed in any
way. Modification of the materials or use of the materials for any other purpose is
a violation of the copyrights and other proprietary rights. For purposes of this
networked computer environment is prohibited.
BananaWorld.com is very respectful about the privacy concerns of the visitors to its
sites on the Internet. As a general policy, no personal information is
automatically collected from visitors to its sites. However, certain
non-personal information of visitors is recorded by the standard operation of
BananaWorld.com's Internet servers. This information is primarily used to provide an
enhanced online experience for the visitor. Information tracked includes the type
of browser being used by the visitor (e.g., Netscape, Internet Explorer), the type
of operating system (e.g., Macintosh, Windows) in use by the visitor and the
domain name of the visitor's Internet service provider (e.g., America Online,
Earthlink) . By having this information, web pages optimized for a particular
visitor's computer is automatically available to that visitor. Other uses of this
information include internal review of the number of visitors to the sites but only
in an aggregate and non-personally-identifiable form. E-mail addresses and
other personally identifiable data about visitors to this site are known to
BananaWorld.com only when voluntarily submitted.
Personally identifiable information that may be collected in connection with visitors voluntarily filling out contest entry forms or subscribing to newsletters is retained by
BananaWorld.com and not sold or otherwise transferred outside the company. This information is used to better understand visitors' use of our sites and to support transactions made on the sites.
However, this data in an aggregate form may be provided to other parties for marketing, advertising or other uses. We sometimes also use e-mail addresses and other personally identifiable information to contact visitors who communicate with us. For example, we direct e-mail to visitors who provide us with their e-mail addresses for specific purposes such as receiving our e-mail newsletters or being notified if they have won one of our contests. Each e-mail newsletter always contains instruction on how to discontinue receipt of the newsletter.
Many of the BananaWorld.com web sites, including this one, place a "cookie" in the browser files of a
BananaWorld.com user's computer. The cookie itself does not contain any personally identifying information. Although the cookie
could enable BananaWorld.com to relate a user's use of a BananaWorld.com site to information that the user has specifically and knowingly provided,
BananaWorld.com does not do so for any kids sites.
Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on the bulletin boards or in the chat areas, that information can be collected and used by others and may result in unsolicited messages from other people.
To the extent that any of our sites accessible through BananaWorld.com has additional practices, these practices will be explained at that site.
A SPECIAL NOTE FOR PARENTS CONCERNING PRIVACY
On sites specifically designed for children, BananaWorld.com makes a special effort to encourage children to consult with their parents before furnishing data. However,
BananaWorld.com believes that parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online their name, address, and other personal information without parental permission. For additional information about parental control tools, please consult the "Consumer Assistance" page of the Direct Marketing Association home page (www.the-dma.org).
BananaWorld.com, whether or not affiliated with sites which may be linked to this site, is not responsible for their content ("Linked Sites"). The
nLinked Sites are for your convenience only and you access them at your own risk.
The materials in BananaWorld.com's Web Sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law,
BananaWorld.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
BananaWorld.com does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that
BananaWorld.com's Web Sites or the server that makes them available are free of viruses or other harmful components.
BananaWorld.com does not warrant or make any representations regarding the use or the results of the use of the materials in
BananaWorld.com's Web Sites in terms of their correctness, accuracy, reliability, or otherwise. You (and not
BananaWorld.com) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The material that you read in
BananaWorld.com's Web Sites is provided solely for entertainment and promotional purposes. The information and opinions expressed in Bulletin Boards, Chat Rooms, or other forums conducted on this site ("Forums") are not necessarily those of
BananaWorld.com or its affiliated or related entities or content providers and
BananaWorld.com makes no representations or warranties regarding that information or those opinions. Furthermore, neither
BananaWorld.com nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in
BananaWorld's Web Sites.
Any notes, message/billboard postings, ideas, suggestions, concepts or other material submitted will become the property of
Banana World Corporation (BWC) throughout the universe and BananaWorld.com. shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When you submit material to
BananaWorld.com's Web Sites, you agree that BananaWorld.com has the right to publish the material for any type of use as outline above including promotional and advertising purposes.
BananaWorld.com is not responsible for any material posted on our Forums. You shall not submit or otherwise publish through such Forums any content which:
a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening;
b) infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone's copyrights or trademarks;
c) violates any law;
d) advocates illegal activity;
e) advertises or otherwise solicits funds or is a solicitation for goods or services; (collectively "Non-Approved Material").
You agree to indemnify BananaWorld.com and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing agreements, representations, and warranties.
E-MAIL AND POSTINGS RECEIVED
Do not post any threatening or libelous e-mails or material on this site that would be considered a violation of any law.
BananaWorld.com will fully cooperate with any law enforcement authorities or court order requesting or directing
Banana World Company to disclose the identity of anyone posting any such e-mails or materials.
UNAUTHORIZED E-MAIL NAME USAGE
& NEW CAN SPAM LAW
It came to our attention that e-mail spammers have
attempted to use our company's unauthorized and non existing e-mail names to tarnish our
company's name. As you may know, President Bush recently signed into law,
the Can Spam Act of 2003 (Public Law No. 108-187). This new law, which
takes effect on January 1 2004, is intended to cut down on the rising level of
unsolicited commercial emails, fraud email information and usage. To do
so, it imposes certain requirements for the delivery of commercial e-mails by
instituting certain penalties for
failing to comply with such requirements.
For BananaWorld.com's Web Sites which can be accessed through AOL, all AOL guidelines regarding appropriate online behavior will be enforced.
Unless otherwise specified, the materials in BananaWorld.com's web sites are presented solely for the purpose of entertainment and promoting programs, films and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by
BananaWorld.com from its offices within the State of California, United States of America.
BananaWorld.com makes no representation that materials in BananaWorld.com's Web Sites are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or
BananaWorld.com bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Los Angles County, California, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by