THE BANANNIE DIARIES TERMS AND CONDITIONS/USE
TERMS OF USE
Effective date: 6th day of September 2018; Revised 24th Day of September 2022
These Terms of Use hereinafter referred to as “TOU” constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you or user or visitor”) and THE BANANNIE DIARIES (“THE BANANNIE DIARIES, we,” “us” or “our”), concerning your access to and use of www.thebananniediariesbyannie.com You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these TOU Use.
IF YOU DO NOT AGREE WITH ALL OF THESE TOU, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental TOU or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these TOU at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these TOU and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these TOU to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised TOU by your continued use of the Site after the date such revised Terms are posted.
IMPORTANT LEGAL NOTICE:
THE SERVICES PROVIDED ON THE SITE IS INTENDED FOR USERS I8 YEARS AND ABOVE. IF YOU ARE UNDER 18 YEARS OF AGE, ONLY USE THIS SERVICES WITH YOUR PARENTS OR GUARDIAN AND ASK THEM QUESTIONS ABOUT WHAT YOU DO NOT UNDERSTAND.
1. GENERAL RULES AND DEFINITIONS
If you choose to use www.the bananniediariesbyannie.com (the “Site”), and any of the features of the Site, including but not limited to RSS feeds, APIs, and Software (collectively, the "Services"), you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and THE BANANNIE DIARIES.
We reserve the right to change, add or remove portions of these Terms of Service at any time without notification to you. If THE BANANNIE DIARIES decides to change these general terms and conditions, we will post the changed terms and conditions on the Website. Such changes shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site.
We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
2. YOUR CONSENT TO OTHER AGREEMENTS
When you intend to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these TOU, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”
3. ABOUT US
THE BANANNIE DIARIES is a fashion and beauty blog, as well as an online store, operating from the heart of Connecticut, the United States of America. While we review fashion and beauty products on our blog, we will share you content related products hyperlink on the site to aid your usage.
4. APPLICABILITY
"These general terms and conditions (the "Conditions") apply to:
(a) The use of any information, pictures, documents and/or other services offered by THE BANANNIE DIARIES via (our “Website”);
5. CONTENT ON THE SERVICES
The contents of the Services, including the Site, are intended for your personal, non-commercial use. All materials published or available on the Services (including, but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, or compilations, all also known as the "Content") are protected by copyright, and owned or controlled by THE BANANNIE DIARIES or the party credited as the provider of the Content. THE BANANNIE DIARIES also owns copyright in the selection, coordination, compilation, and enhancement of such Content (“Arrangement”). You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
The Services and Content are protected by copyrights, trademarks, patents, trade secrets, database rights, sui generis rights and other intellectual or proprietary rights therein pursuant to U.S. and international laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display (including framing and inline linking), communicate to the public or in any way exploit, any of the Content (or its Arrangement) or the Services in whole or in part.
If you upload, post or submit any content on the Service, you represent to us that you have all the necessary legal rights to upload, post or submit such content and it will not violate any law or the rights of any person. You shall not upload to, or distribute or otherwise publish on to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. You shall not impersonate anyone else or otherwise misrepresent your identity, affiliation or status. You agree not to provide material and misleading information knowingly and with intent to defraud. You shall not upload to, or distribute or otherwise publish on to the Services any malware, viruses, spyware, or other malicious software or files to the Services. You shall not use automated means to upload to, or distribute or otherwise publish onto, the Services any content.
Be courteous. You agree that you will not threaten or verbally abuse other members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam."
Use respectful language. Like any community, the online conversation flourishes only when our users feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services.
Debate, but don't attack. In a community full of opinions and preferences, people always disagree. THE BANANNIE DIARIES encourages active discussions and welcomes heated debate on the Services, but personal attacks are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of the Service.
The Services shall be used only in a non-commercial manner. You shall not, without the express approval of THE BANANNIE DIARIES, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
You cannot share links to protected Member Areas assets, including but not limited to images and videos
You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a "Submission") may be edited, removed, modified, published, transmitted, and displayed by THE BANANNIE DIARIES and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Services may also be included in our RSS feeds and APIs and made available for republishing through other formats.
You grant THE BANANNIE DIARIES a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to the Submissions, which includes without limitation the right for THE BANANNIE DIARIES, or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, communicate to the public, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Services or any other website owned by THE BANANNIE DIARIES, including any Submission posted on or to the Services through a third party.
You are solely responsible for the content of your Submissions. However, while THE BANANNIE DIARIES does not and cannot review every Submission and is not responsible for the content of these messages, THE BANANNIE DIARIES reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these Terms of Service, or otherwise unacceptable.
By making a Submission, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.
6. PROHIBITED USE OF THE SERVICES
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or a third party. You may not use the Services in violation of applicable laws or in violation of our or any third party’s intellectual property or other proprietary or legal rights. You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services, or any content thereof, or make any unauthorized use thereof. Without THE BANANNIE DIARIES’s prior written consent, you shall not:
(i) Access any part of the Services, Content, data or information you do not have permission or authorization to access or for which THE BANANNIE DIARIES has revoked your access;
(ii) use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data or information from the Services, or otherwise access or collect the Content, data or information from the Services using automated means;
(iii) use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Services in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the Services;
(iv) Cache or archive the Content (except for a public search engine’s use of spiders for creating search indices);
(v) Take action that imposes an unreasonable or disproportionately large load on our network or infrastructure; and
(vi) Do anything that could disable, damage or change the functioning or appearance of the Services, including the presentation of advertising.
Engaging in a prohibited use of the Services may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.
7. INTELLECTUAL PROPERTY
All brand names, logo, product names and titles used on the Website are trademarks or trade names of THE BANANNIE DIARIES or third party trade mark or trade name holders. You are not allowed to use or reproduce any such trademarks, logo or trade names as this may constitute an infringement of the holder’s rights.
The rights in the Website design, texts, documents, and/or other services and the selection and arrangement thereof, and all software compilations, underlying source codes, software and all other material on this Website are owned by or licensed to THE BANANNIE DIARIES and/or its suppliers and subcontractors.
You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent this is necessary for the purpose of subscribing to any service with us, or for using the Website as a shopping resource. You are not allowed to make any other use of the information and materials on this Website, including reproduction for purposes other than the one mentioned above, modification, distribution or republication. Should you wish to use materials or information from this Website, you need our prior written approval to do so.
8. COPYRIGHT USE AND POLICY
Subject to the provisions stated in this terms, you are hereby granted the right to make use of the services, solely for your personal and independent use. Permission is not granted to reproduce any contents on the website without first obtaining express permission from THE BANANNIE DIARIES.
THE BANANNIE DIARIES respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that do not comply with applicable law. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, THE BANANNIE DIARIES shall restrict access to use the services of any infringer. Send notice of alleged copyright infringement appearing on the Services to thebananniediaries@yahoo.com .
9. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS
The Website may provide links to external Internet sites. THE BANANNIE DIARIES hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. THE BANANNIE DIARIES shall not be liable for the use or content of Internet sites that link to this site or which are linked from it.
10. TRACKING & COOKIES DATA
We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
• Session Cookies. We use Session Cookies to operate our Service.
• Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
• Security Cookies. We use Security Cookies for security purposes.
• Advertising Cookies. Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.
11. SQUARESPACE ANALYTICS
When someone visits the website, we use a third-party service, Squarespace Analytics, to collect standard internet log information and details of visitor behaviour patterns. We do this to track things such as the number of visitors to the various parts of the site and interactions with the site. This information is processed in a way which does not identify anyone. We do not make and do not allow Squarespace to make, any attempt to find out the identities of visitors to our website.
12. ACCEPTED FORMS OF PAYMENT
Apple Pay
PayPay
Visa, Mastercard, American Express, Discover
13. Sales, Delivery, and Return Policy
Shipping:
Once the order is received, it will ship out within 5 to 7 days (excluding Holidays/Sundays)
Depending on the shipping method you choose, your package will take 3 to 7 days within the United States
You will receive a tracking number sent to your email when your package has shipped.
The Banannie Diaries is not responsible for lost packages.
Domestic shipping is free after you spend $75.
Rush shipping is available for an extra fee
Return Policy:
All orders are FINAL SALE. If there is a problem with your order, please email us with 5 days of the date of delivery at thebananniediaries@yahoo.com so we can help to resolve the problem.
12. VARIATION
We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version. Your continued use of the website and/or Services available after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.
13. ENTIRE AGREEMENT
These terms and conditions, together with our Disclaimer Policy, and Privacy Policy constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
14. LAW AND JURISDICTION
This TOU will be governed by and construed in accordance with the laws of Connecticut, U.S and any disputes relating to this TOU shall be subject to the exclusive jurisdiction of the courts of Connecticut, U.S.
15. OUR CONTACT DETAILS
If you have any questions about these Terms, please contact us at thebananniediaries@yahoo.com