Our Service

The Service on our platform allows each user to discover, listen, watch and share songs and music videos and other content, connect with business pals, log in based on mood, artist, and language, create and book events, and be an inspiration to others. To access all our features, you will need to subscribe to be a Producer. To create major organization awards events, signup to be an organization.

We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you as a user of our Services. There’s a good reason for that: these Terms form a legally binding contract between you and Bananry Inc.

By using Bananry, you agree to the Terms. If so, Bananry grants you a non-assignable, non-exclusive, revocable, and non-sublicensable license to use our services in accordance with these Terms and our policies. If you don’t agree with the Terms, then don’t use our services. These terms apply to you, even if you don’t live in the United States.

Who Can Use our platform

Our services of Bananry are not directed to children under the age of 13, and you must confirm that you are 13 years or older to create an account and use our services. If we have actual knowledge that you are under the age of 13 (or the minimum age at which a person may use our platform in your state, province, or country without parental consent, if greater), we will cease providing services to you and delete your account and your data.
By using our platform, you represent, warrant, and agree that:

you can form a binding contract with Bananry;
you are not a person who is barred from using our platform under the laws of the United States or any other applicable jurisdiction — including, for
example, that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition;
you are not a convicted sex offender; and
you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
If you are using our platform on behalf of a business or some other entity,
you represent that you are authorized to represent that business or entity to
these Terms and you agree to these Terms on behalf of that business or
entity (and all references to “you” and “your” in these Terms will mean both you as the end user and that business or entity).

Use of the Service

The content on our platform includes audio, videos, graphics, photos, text, branding (including trade names, trademarks, service marks, or logos), features, and other materials whether provided by you or Bananry. The content is the responsibility of each user or organization that provides it on the platform. Bananry is under no obligation to host any content on its platform. Each user is responsible to report to Bananry any content that may violate the agreements of this platform.

Creating an account will automatically give you permission to access our free content on the platform. You can choose to post, star others, share, like, comment, and mix music. You must either own or have full permission to any content that you upload to Bananry. When you upload an audio, you give permission for your audio to be used on our platform, be mixed by any user for listening purposes (not for commercial use). If you mix songs (that belong to others) on the platform, be reminded that you do not have rights to that audio. To mix another person’s music or copyright content, you agree that you do not own copyright to that mixed audio. To record your own music video on the platform gives you full rights to its content. Bananry does not produce or copyright any audio or music video that is uploaded on its platform.

Permissions and Restrictions

You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view, watch, or listen to the content on this platform for your personal, non-commercial use.
You are not allowed to:

1. Reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the content on this platform except: (a) as expressly authorized by our platform; or (b) with prior written permission from Bananry and, if applicable, the respective rights holders;
2. Access the content using any automated means (such as robots, botnets or scrapers) except in the case of public search engines;
3. Distribute unsolicited promotional or commercial content;
4. Encourage in paying people to or providing them with incentives to increase a video’s plays, views, likes, or dislikes;

Reservation

Using the Service does not give you ownership of or rights to any aspect of the content of this platform.

License to Bananry

By providing content to this platform, you grant to Bananry a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with Bananry’s business, including for the purpose of promoting and redistributing part or all of its content.

License to Other Users

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your content through the Service, and to use that content, including to reproduce, distribute, prepare derivative works, display, and perform it, and mix songs, only as enabled by a feature of this platform (such as video playback or embeds, the B-Player, or its audio player). This license does not grant any rights or permissions for a user to make use of your content independent of this platform.

Duration of License

The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your content from this platform. You understand and agree, however, that Bananry may retain, distribute, or perform, server copies of your content that have been disabled, removed or deleted.

Rights You Grant Us

Several areas on our platform allow you to create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content.
For all contents you submit to our platform, you grant Bananry a worldwide, royalty-free, sublicensable, and transferable license to host, store, cache, use, display, reproduce, modify, adapt, edit, publish, analyze, transmit, and distribute that content. This license is for the purpose of operating,developing, providing, promoting, and improving our platform and researching and developing new ones.

Privacy

Your privacy is important to us. To understand how we handle your privacy, visit our Privacy Policy.

Respecting our platform and Bananry’s Rights

As between you and us, Bananry Inc. is the owner of this platform, which includes all related brands and technology.
You must also respect Bananry’s rights and adhere to all guidelines, support, or FAQs published by Bananry. That means, among other things, you may not do, attempt to do, enable, or encourage anyone else to do, any of the following and doing so may result in us terminating or suspending your access to our platform:
use branding, logos, icons, user interface elements, product or brand look and feel, designs, photographs, videos, or any other materials Bananry makes available via our platform, except as explicitly allowed by these Terms or other brand guidelines published by Bananry;
violate or infringe Bananry’s trademarks, or other intellectual property rights, including by using our platform to submit, display, post, create, or generate any infringing content;
copy, modify, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, or otherwise use our platform or the content on our platform, other than temporary files that are automatically cached by your web browser for display purposes, as otherwise expressly permitted in these Terms, as otherwise expressly permitted by us in writing;
create another account if we have already disabled your account, attempt to access our platform through unauthorized third-party applications, solicit login credentials from other users, or buy, sell, rent, or lease access to your account, a username, Bananrys, or a friend link;
reverse engineer, duplicate, decompile, disassemble, or decode our platform (including any underlying idea or algorithm), or otherwise extract the source code of the software of our platform;
use any robot, spider, crawler, scraper, or other automated means or interface to access our platform or extract users’ information; use or develop any third-party applications that interact with our platform or users’ content or information;
use our platform in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our platform, or that could damage, disable, overburden, or impair the functioning of our platform;
upload viruses or other malicious code or otherwise compromise, bypass, or circumvent the security of our platform;
attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of our platform that you are not authorized to access;
violate any applicable law or regulation in connection with your access to or use of our platform; or
access or use our platform in any way not expressly permitted by these Terms.

In summary: We own or control all of the content, features and functionalities of our platform. To ensure our platform and users are protected from harm, there are rules we need you to follow when you use our platform. Failure to comply with these rules may result in suspension or termination of your account.

Respecting Others' Rights

Bananry respects the rights of everyone. Therefore, we expect you to respect the rights of every other user on our platform. As such, you may not use our platform, or enable anyone else to use our platform, in a manner that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right. When you submit content to our platform, you agree and represent that you own that content, or that you have received all necessary permissions, clearances, and authorizations in order to submit it to our platform (including, if applicable, the right to make reproductions of the musical works embodied in any sound recordings, or any other applicable rights for any music not provided by Bananry that you include in your content) and grant the rights and licenses contained in these Terms for your content. You also agree that you will not use or attempt to use another user’s account except as permitted by Bananry.
Bananry honors all copyright laws and will take reasonable steps to expeditiously remove from our platform any infringing material that we become aware of. If Bananry becomes aware that a user has repeatedly infringed copyrights, we will take reasonable steps within our power to suspend or terminate the user’s account. If you believe that anything on our platform infringes a copyright that you own or control, please report it using the form accessible through Feedback and Help.
In summary: Make sure you own or have the right to use any content you make available on our platform. If you use content owned by someone else without permission, we may terminate your account. If you see anything which you believe infringes your intellectual property rights, let us know.

Safety

By using our platform, you agree that you will at all times comply with these Terms. If you fail to comply, we reserve the right to remove any offending content; terminate or limit the visibility of your account, and retain data relating to your account in accordance with our data retention policies; and, if necessary, notify law enforcement and provide them with information relating to your account. This step may be necessary to protect the safety of our users, and others, to investigate, remedy, and enforce potential Terms violations, and to detect and resolve any fraud or security concerns.

Your Account

To use our platform, you need to create an account. You agree to provide us with accurate, complete, and updated information for your account. You are responsible for any activity that occurs in your account. One way to help keep your account secure is to select a strong password that you don’t use for any other account and to enable two-factor authentication. If you think that someone has gained access to your account, please immediately reach out to our support team.

Indemnity

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Bananry, our affiliates, directors, officers, shareholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of our platform, or any products or services provided by a third party in connection with our platform, even if recommended, made available, or approved by Bananry, (b) your content, including infringement claims related to your content, (c) your breach of these Terms or any applicable law or regulation, or (d) your negligence or willful misconduct.
In summary: If you cause us some damage, you will compensate us.

Disclaimers

OUR PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE WE ATTEMPT TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) OUR PLATFORM WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY, (B) OUR PLATFORM WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS, OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH OUR PLATFORM WILL BE TIMELY OR ACCURATE.
NEITHER WE NOR OUR AFFILIATES TAKE RESPONSIBILITY OR ASSUME LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WE OR OUR AFFILIATES WILL BE RESPONSIBLE FOR.
In summary: Bananry will try to make our platform available to you, but we do not make any promises regarding quality of content uploaded by any of our users and will not be liable for any content which is not ours.

Questions/Contact Us
If you have any questions or concerns regarding these Terms of Service, please contact us through the support center at https://www.bananry.com/help/

© Bananry Inc. 1600 Redbud Blvd, Suite 101, McKinney, TX 75069