Information About Ownership
The Site is owned and operated by Bankdeck. All aspects of the Site, including, but not limited to the design and “look and feel” thereof and all the Content featured or displayed thereon, including, but not limited to text, graphics, photographs, images, moving images, animation, sound, illustrations and software and compilations thereof are, as between you and Bankdeck, owned by Bankdeck and/or its licensors or content providers.
All elements of the Site, including but not limited to, the Content thereof are protected by trade dress, copyright, moral rights, trademark and other laws relating to property rights. Except as explicitly permitted under separate agreement with Bankdeck, no portion or element of the Site or the Content may be reproduced, distributed, modified, publicly performed or displayed, transmitted, reverse engineered, decompiled, sold, sublicensed or otherwise exploited via any means or in any way and the Site, its Content and all related rights shall remain the exclusive property of Bankdeck and/or its Licensors and/or Content providers unless otherwise expressly agreed.
Use of the Site and its Services
You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) any copyright, trademark, or other proprietary notices marked on the Content, (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms, or (iii) any advertisement inserted on the Site and/or within the Content. You may not either directly or through the use of any device, software, internet site, web-based service or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Bankdeck in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links, or scrape or aggregate Content from the Site. You may not build a business, in whole or in part, utilizing any portion of the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way on the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise. This prohibition applies even if you intend to give away the derivative materials free of charge.
To the extent that Bankdeck makes Content available to you via a widget, embedded player, rss feed or other technology that allows you to embed or stream Content on or to another site, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with such technology, or any advertisement delivered via such technology.
You are also prohibited from disabling, reverse engineering, modifying, interfering with or otherwise circumventing any technology to allow users to view the Content without: (i) displaying visibly both the Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of the Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
FOR THE PROTECTION OF BANKDECK AND ITS LICENSORS AND CONTENT PROVIDERS, CONTENT MAY BE VISIBLY, INVISIBLY, OR ELECTRONICALLY WATERMARKED AND MAY INCLUDE THE USE OF DIGITAL RIGHTS MANAGEMENT SYSTEM TECHNOLOGY WITHIN THE CONTENT. SUCH TECHNOLOGY MAY PERMIT ONLINE CRAWLING OR TRACKING OF CONTENT OBTAINED FROM BANKDECK AND/OR OTHER METHODS OF PROTECTING, MONITORING, OR TRACKING THE UNAUTHORIZED USE OF THE CONTENT (“RIGHTS MANAGEMENT SYSTEMS” OR “RMS”). If you do not consent to Bankdeck’s use of RMS, do not use the Site or any Content found therein. You shall not knowingly disable any such technology or tool. You may not remove any copyright or other proprietary notices contained in the Content, caption information, or any other material on this Site.
Additionally, unless authorized by Bankdeck in writing, you may not:
- deep link or employ software or any automatic device, technology or algorithm, to “crawl,” “scrape,” search or monitor the Site and/or retrieve or copy Content or related information;
- violate the mechanical restrictions of the Site, or bypass other measures employed to prevent or limit access to the Site or Content by hacking or other means;
- copy, redirect, or exploit the Site or any Content;
- probe, scan, or test the vulnerability of the Site or of the network supporting the Site, or seek information on visitors to the Site or personal information of our customers; or
- use any device, software or routine that would interfere with the proper functioning of the Site, or any transaction conducted via the Site.
Access to the Site and Availability of Services
You must be 18 years of age to be eligible to use this Site unsupervised and We ask that minors and children do not submit any personal information to us. By using this Site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older. This Site and the Services intended for use by residents in the United States of America, its territories and possessions (“U.S.”).
You are responsible for any charges incurred in obtaining access to the Site and the Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BANKDECK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- BANKDECK MAKES NO WARRANTY THAT: (i) THE SITE SHALL MEET YOUR REQUIREMENTS; (ii) THE SITE SHALL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (iii) THE CONTENT OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE SHALL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE SHALL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE CONTENT OR SITE SHALL BE CORRECTED; AND (vi) THE SITE OR ANY CONTENT IS MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR DOES NOT INFRINGE UPON ANOTHER’S RIGHTS.
You agree that Bankdeck is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Bankdeck be responsible for any loss or damage resulting from use of the Site, from any Content posted on or through Bankdeck, or from the conduct of any users of the Services, whether online or offline.
Despite our efforts to provide accurate information, this Site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this Site and its Content may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Content requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Bankdeck or its licensors or content providers. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counsel.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT NEITHER BANKDECK NOR ITS LICENSORS OR CONTENT PROVIDERS SHALL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR THE CONTENT THEREON UNLESS OTHERWISE PROVIDED IN AN APPLICABLE AGREEMENT BETWEEN YOU AND BANKDECK. WITH RESPECT TO ALL OTHER CLAIMS RELATED TO YOUR USE OF THE SITE OR CONTENT, UNLESS OTHERWISE SET FORTH IN A LICENSE AGREEMENT FOR USE OF THE CONTENT WITH BANKDECK, BANKDECK’S LIABILITY SHALL NOT EXCEED THE LESSER OF THE AMOUNT PAID TO BANKDECK BY YOU, IF ANY, OR $500.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact us via e-mail at firstname.lastname@example.org.