Terms of Use

Your Acceptance BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the 10Bananas.com domain name, the "10Bananas.com Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF HOTCLIP'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT PRIVACY PAGE, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the 10 Bananas Website.

1. Description of Service. 10 Bananas is a free, online website based application from 10 Bananas.com (the "Service"). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. 10 Bananas disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. 10 Bananas also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
   
   
2. Personal Use. The Service is made available to you for your personal use only. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. 10 Bananas reserves the right to refuse service to anyone at any time without notice for any reason.
   
   
3. Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by 10 Bananas; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Program Policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. 10 Bananas reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
   
   
4. Your Intellectual Property Rights 10 Bananas does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your 10 Bananas account. We will not use any of your content for any purpose except to provide you with the Service.
   
   
5. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to 10 Bananas to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
   
   
6. Privacy. As a condition to using the Service, you agree to the terms of the 10 Bananas Privacy Policy as it may be updated from time to time. 10 Bananas understands that privacy is important to you. You do, however, agree that 10 Bananas may monitor, edit or disclose your personal information, including the content of your emails, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the 10 Bananas Privacy Policy. Personal information collected by 10 Bananas may be stored and processed in country in which parent company of 10 Bananas.com or its agents maintain facilities. By using 10 Bananas, you consent to any such transfer of information outside of your country.
   
   
7. Indemnification. You agree to hold harmless and indemnify 10 Bananas, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, 10 Bananas will provide you with written notice of such claim, suit or action.

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