Terms & Conditions


Trademarks

All of the content you see on this Web site, including, but not limited to, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text (referred to herein as the "Content") is the exclusive property of By Banue, and/or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by By Banue. The trademarks, logos, service marks and trade names that may be displayed on the Web site or on Site Content are registered and unregistered trademarks of By Banue, and other persons (collectively, the “Trademarks”), and may not be used unless authorized expressly on the Web site or in these Terms of Use, or by the applicable Trademark owner.  Nothing contained on the Web site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Web site without our written permission or that of the third party rights holder.

Patents

One or more patents may apply to this website, including without limitation U.S Provisional Patent Application no. 61/609,116.

Prohibited Uses of Website and Services

You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; encourage conduct that would constitute a criminal offense; give rise to civil liability; violate any law; or exhibit any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Web Site and/or our related services and products.

Prohibited Activities And Visitor Obligations

As a visitor to this Site you shall not:
   
   a.violate any applicable local, state, national or international statute, regulation, or law;
   
   b.upload, post, use, or otherwise make available, including by e-mail, any content or information that is false or inaccurate;
  
   c.upload, post, use, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or content that could otherwise be considered to be objectionable;
  
  d.impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
  
  e.engage in any activities or manipulate identifying material to misrepresent the origin of content;
  
  f.upload, post, use, or otherwise make available any content that is subject to any disclosure restrictions;
  
  g.upload, post, use, or otherwise make available any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other proprietary rights;
  
  h.upload, post, use or otherwise make available any unsolicited or unauthorized advertising or promotional materials, including without limitation, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
 
  i.use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or information or content that could otherwise be considered to be objectionable;
  j.upload, post, use or otherwise make available any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
   
  k.interfere with or otherwise limit the use of this Site by other users; or collect, compile, or store personal information about other users of this Site;

  l.disrupt or interfere with the security of, or otherwise cause harm to, this Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through this Site or any affiliated or linked sites; or

  m.use this Site for commercial purposes.

Your Communications

We may, but are not obligated to, use-in any way we see fir-any ideas, concepts, know-how, text, photographs, images or techniques ("User Submissions") contained in any communication you send to the Web Site or provide to us for any purpose whatsoever including, but not limited to, advertising; promotion; entertainment; commercial purposes; and developing, manufacturing and marketing products. Accordingly, we may use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology (e.g., broadcast and cable television, radio, mobile transmission, and the internet), now known or hereafter developed, all without any payment to or further authorization by you.

You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, By Banue does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of their publication on our Web site (assuming we choose to post them once submitted). We reserve the right to determine in our sole discretion whether User Submissions are appropriate; whether they comply with these Site Rules, our standards, and applicable law; and whether they may be posted or removed.

Linking

Periodically, links may be established from this Web Site to one or more external web sites or resources operated by third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to this Web Site. None of such links should be deemed to imply that By Banue endorses the Third Party Sites or any content therein.
We do not control and are not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available through such Third Party Sites. Access to any Third Party Sites is at your own risk and we will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

Our Products

All features, specifications, products and prices of products and services described on this Web site are subject to change at any time without notice. From time to time there may be information on this Web site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on this Web site. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on the Web site; however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products or services on this Web site does not imply or warrant that these products or services will be available over the internet or in each of our stores at any particular time.

Charges And Fees

You authorize By Banue and any payment processing service provider it may engage to charge your credit card for any products, or services you purchase through your use of this Site. You represent and warrant that you are the only one who will use your credit card in connection with this Site, and you shall be responsible for any and all uses of your credit card.

Product Orders

The prices displayed on this Site are quoted in U.S. Dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. All sales are final. No refunds, returns or exchanges.

Risk Of Loss

All items purchased from this Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon By Banue's delivery to the carrier.

Acceptance Of Orders

The receipt of an order confirmation does not guarantee the acceptance of an order, nor does it constitute confirmation of By Banue's offer to sell. We reserve the right at any time to limit the quantity of items ordered and/or refuse to sell to any customer.

Disclaimer of Warranty

Access to this Web Site is provided to our customers and prospective customers "as is" and "as available" and without warranty of any kind, whether express or implied, including but not limited to, those of merchantability, fitness for a particular purpose, title or noninfringement. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. By Banue reserves the right to block or deny access to the Web Site to anyone at any time for any reason.

Limitation of Liability

In no event will By Banue be liable to any party for any direct, indirect, incidental, special, consequential or punitive damages for use of this site or any other hyperlinked web sites including, without limitation, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from use of or reliance on the information present, even if By Banue is expressly advised about the possibility of such damages. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.

Revisions

We may terminate, change, suspend or discontinue any aspect of this Web Site, including the availability of any features of the site, at any time and without notice. We also reserves the right, at our sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Accordingly, this means we may terminate the authorization, rights and license given in these Site Rules at any time and without notice. Your continued use of this Web Site after any changes to these Site Rules are posted will be considered acceptance of those changes.
General Provisions

By Banue makes no representation or warranty that the products or services advertised or offered on this Site will be available at all times, or that they will be available on the basis of any indicated terms or conditions. Any failure by By Banue to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same. If any portion of these Terms of Use are held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction.

You are responsible for compliance with applicable laws.