Acceptable Use Policy

Introduction

This Acceptable Use Policy (“Policy”) outlines your rights and responsibilities when using the services offered by Bananatag Systems Inc. (“Bananatag”), including the Bananatag website and the Bananatag software-as-a-service solution (collectively, the “Bananatag Service”).

Prohibited Uses

You may use the Bananatag Service only in accordance with this Policy and applicable law, including regulations, orders, ordinances, codes, or other requirements of any federal, state, provincial, local, or foreign government (“Applicable Law”). You may not:

1. use the Bananatag Service for any unlawful purpose, to violate Applicable Law, or encourage conduct that would constitute such a violation;
2. provide any person under the age of 13 with access to the Bananatag Service;
3. use the Bananatag Service for the purpose of exploiting, harming or attempting to exploit or harm another person;
4. use the Bananatag Service to interfere with or infringe any intellectual or proprietary rights of any third party, including, but not limited to, copyrights, trademarks, service marks, and patents;
5. intentionally or maliciously interfere with the ability of other users to access or use the Bananatag Service;
6. intentionally or maliciously interfere with the Bananatag Service or the servers or networks connected to the Bananatag Service;
7. extract or scrape data from the Bananatag Service using any automated system or software;
8. disobey any requirements, procedures, policies or regulations of networks connected to the Bananatag Service, including by knowingly transmitting data that contains viruses, Trojan horses or harmful programs;
9. reproduce, duplicate, copy, use, distribute, sell, resell or otherwise exploit any portion of the Bananatag Service for any commercial purposes, including by “mirroring” the Bananatag Service or any content of the Bananatag Service on any other server;
10. transmit, or otherwise facilitate the transmission of, any electronic messages that are erroneously labeled, intentionally deceptive or otherwise unlawful, including where prohibited by the legislation commonly known as the US CAN-SPAM Act of 2003 or Canada’s Anti-Spam Legislation;
11. copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, transmit, compile or collect in a database any part of the Bananatag Service, including Bananatag’s content, in whole or in part, except where Bananatag expressly authorizes you to do so in writing;
12. exceed the usage limitations for the Bananatag Service on any applicable subscription without upgrading that subscription to the applicable subscription level and paying for such subscription upgrade; or
13. encourage, authorize or facilitate any third party to engage in any of the acts described above.

Passwords and Security

You may be required to create an account, obtain a login name and password, and/or provide billing information in order to access certain features of the Bananatag Service.

You are responsible for providing accurate, complete and current information, and updating this information promptly if it changes. You are also responsible for taking reasonable steps to maintain the confidentiality of your login name(s) and password(s). You may not share your login name and passwords with any third party.

If you become aware of any unauthorized use of your login name(s) or password(s), you must contact Bananatag immediately. You are responsible for all unauthorized activities, charges and liabilities made on or through your account.

Privacy

You are responsible for complying with all applicable data protection laws and regulations when using the Bananatag Service, including when collecting or submitting information to the Bananatag Service or using the Bananatag Service to send electronic messages.

Monitoring and Enforcement

If you do not comply with this Policy, Bananatag may, in its sole discretion, terminate or suspend your access to or use of the Bananatag Service.

Bananatag may also take any other action it deems necessary if, in its sole discretion, you do not comply with this Policy or your use of the Bananatag Service infringes third party rights, threatens the safety of others or could result in liability for Bananatag. This includes legal action for any illegal or unauthorized use of the Bananatag Service.

To this end, Bananatag may disclose your identity to any third party who claims that material you posted violates their rights, including their intellectual property rights or privacy rights, and law enforcement authorities that request or direct Bananatag to disclose your identity.