Last Updated: July 1, 2017
Please read these terms and conditions carefully before using the Bankable Celebrations Mobile Application (“Application”) operated by Bankable Celebrations (“us” “we” or “Bankable”). These Terms outline the rules and regulations for the use of this Mobile Application.
This Terms and conditions page was created at terms and conditions template generator. If you have any queries regarding any of our terms, please contact us at:
Bankable Celebration is an entity owned, controlled and operated by Broomer-Carroll Enterprises, Inc. located at:
c/o Broomer-Carroll Enterprises, Inc.
42 Reads Way
New Castle, DE 19720
if you subscribe to become a Bankable Celebrations member through the Bankable Platform (a “Subscription”), we will charge the applicable Subscription fee (to the payment method supplied in your Personal Account at the time of purchase).
Occasionally, we offer trial periods during which customers register for a Subscription and enjoy all of the Subscription benefits on a trial basis. If you sign up for a trial period and cancel during the trial period, the payment information provided will not be billed. If you do not cancel during the trial period we will automatically charge the applicable Subscription fee to the payment method that you have supplied during the registration process.
If you redeem a promotional Subscription or gift Subscription, you will not be required to provide payment information to access your membership benefits for the length of the term applicable to the promotional or gift Subscription. Please note that promotional Subscriptions and gift Subscriptions differ from a trial Subscription in this regard. If you choose to remain a member past the applicable term for a gift or promotional Subscription, you will be required to provide payment information (such as a credit card number) to maintain Subscription benefits.
Payment of Fees and Surcharges
You agree that you will pay all fees and charges that may be accrued by or in connection with your Personal Account at the rates in effect for the billing period in which such fees and charges are incurred. The company reserves the right in its sole discretion to bill fees and charges to any of the payment methods you have included in your Personal Account. Billing occurs at the time of purchase. Rates may change at any time. We does not provide price protection or refunds if the price for particular Products or Services previously purchased by you is lowered or is part of a promotional offer. All Products or Services purchased on a non-Subscription basis (individual downloads, shipped products, paper cards, per send iPad content, etc.) or promotional offerings are final and non-refundable. For information about refunds on a Subscription, refer to the section titled, “Subscriptions”.
All purchases include applicable sales taxes in effect at the time of purchase and will be based on the bill-to address provided in the Personal Account. No customers are eligible for tax exemptions for purchases made on this Site
Gift cards (“Gift Cards”), are issued by a third-party and any unused balances are not redeemable for cash and cannot be returned for a cash refund (except as required by law), exchanged, resold, or used to purchase gift cards. Unused gift card balances are not transferable. We will need to reference Tango here.
Intellectual Property Rights
Unless otherwise stated, Bankable and/or it’s licensors own the intellectual property rights for all material associated with this Application. All intellectual property rights are reserved.
We control and operate this Application. All Content on this Application, including, but not limited to, text, images, illustrations, graphics, logos, digital downloads, data, software, headers, icons, scripts, audio clips, and video clips, is the property of Bankable Celebrations, and is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by and subject to national and international copyright laws and treaty provisions, privacy and publicity laws). The Content is owned and controlled by Bankable, our affiliated or related entities, or the Providers that have licensed or otherwise made available their content or the right to market their products and/or services to us. Content on this Application is solely for your personal, non-commercial use, and may not be used in any manner that is likely to cause confusion among our customers, other users of this Application, or the general public.
Bankable grants you a non-transferable license to access, download, and use the content displayed on the Application to be used only in accordance with these Terms. The information is to be used only for internal and business purposes. You cannot change the content in any way. All copyrights and proprietary notices remain intact. By accepting this license, you agree that you abide by all additional copyright notices, information, or restrictions contained in or with any Content and will not otherwise distribute, post, copy, change, or disclose any Application content.
Using Your Own Content
Bankable may allow you to upload your own photos, videos, artwork, text and other materials (“User Content”) to the Bankable Platforms. If we do and you do so, you are subject to the conditions outlined in this Agreement. When you upload User Content, you are representing and warranting that you own the User Content or have full rights to its use in accordance with this Agreement. You are also representing and warranting that the User Content you upload does not violate the Acceptable Use Policy. As a user, you also represent and warrant in relation to the User Content that:
You have obtained the consent of any and all individuals mentioned or pictured in the User Content; Uploading the User Content onto the Bankable Platforms will not infringe the privacy of any individual or violate any applicable law; and Uploading the User Content onto the Bankable Platforms and any subsequent publication of such User Content does not infringe the intellectual property rights of any third-party.
Trademarks and Copyrights
All trademarks, service marks, designs, graphics, logos are the unregistered and registered trademarks of Bankable. By using this Application, you agree that you will not attribute any information to Bankable for your own advertising or promotional purposes. Also, you agree that you will not use any trademarked information to sway or inform a third party, and you will not use information for personal purposes, nor imply relationships or endorsements with a trademark belonging to Bankable. You may not frame any trademarks, service marks, copyrights, logos, images, text, or other proprietary information or intellectual property of Bankable Celebrations, or otherwise incorporate into another Website or Application any of the Content or other materials on this Application.
The copyrights of all content, including texts, graphics, articles, paragraphs, blogs, tagline or any visible elements on this Application belongs to Bankable and is protected by national and international copyright laws.
Violation of trademark and copyright laws (“Infringement”) may result in significant civil liability or criminal penalties under United States and/or international copyright and trademark laws. You recognize that any reproduction or use of Content, copyrights, trademarks, service marks, or other intellectual property on this Application, except as authorized by these Terms, is considered intentional Infringement.
Digital Millennium Copyright Act Notices
You may not use the Platforms for any purpose or in any manner that infringes the rights of any third party. Bankable encourages you to report any content on the Platforms that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Platforms infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Bankable Celebrations ℅ Broomer-Carroll (listed above). THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDER REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied or used on this Application in a way that constitutes copyright infringement, please contact the Bankable Celebrations ℅ Broomer-Carroll Enterprises, Inc. at the address above immediately. When you contact us, please prepare a Notification of Claims of Copyright Infringement. This includes the following: A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the Application; Your address, telephone number, and e-mail 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; 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; and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Bankable. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Bankable shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Pornographic Material Clause
Any material expression, by photograph, video or written embodiment that is in violation that is in violation of established federal pornography law or any expression that embodies, suggests or makes reference to actual and/or suggestive pornographic material.
Spam and other Technical restrictions
You may not use Bankable Celebration to send electronic messages, cards, or other content to mailing lists or to any person to which you do not have full rights or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any of the Materials is strictly prohibited. Bankable Celebrations reserves the right to limit, in its sole discretion and without prior notice to you, the number of electronic messages or cards or the amount of other content that you may send using the Bankable Celebrations or the number of recipients to whom you send such cards, messages, or other content. You are solely responsible for your actions and communications undertaken or transmitted using the service and your account with Bankable Celebrations.. Neither we nor our affiliates exercise editorial control over your transmissions; however, we do reserve the right to review your uploaded User Content and transmissions in order to ensure compliance with this Agreement.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Bankable Platforms so that they are accessible via a link on the home page or within the App, and that your use of the Bankable Platforms after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review this Agreement before using the Bankable Platforms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Bankable Platforms from that point forward. If a revision is material we will try to provide at least 30 (change this)days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Application and the use of this Application (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the Application and the information and services on the Application are provided free of charge, or by procurement, we will not be liable for any loss or damage of any nature.