Legal and Privacy


Simply put, bankaroo would like to serve you and you would like to enjoy the service.
Please do not abuse it.

bankaroo does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post to the bankaroo Services.You are solely responsible for the Content that you post on or through any of the bankaroo Services, and any material or information that you transmit to other members and for your interactions with other users.

bankaroo does not endorse and has no control over the content. Content is not necessarily reviewed by bankaroo prior to posting and does not necessarily reflect the opinions or policies of bankaroo.com.

bankaroo makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit to other members.


Privacy

Users’ privacy is extremely important to us and we are committed to safeguarding the information you entrust to us. bankaroo will not disclose information about customers or users without express permission unless the release of said information is required by government subpoena.

(Nov. 2011)


The long version…

WEB SITE TERMS AND CONDITIONS OF USE

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

RESTRICTIONS ON USE AND OWNERSHIP

All pages within this Web site and any material made available for download (collectively the “Site”) are the property of BrightAct LLC. (“bankaroo”) and/or its subsidiaries, affiliates, vendors, and licensors. bankaroo hereby grants you a nonexclusive, non-transferable license to use the Site solely for your personal, non-commercial (except with regard to your use of inherent functionality provided through the Site) use. As a condition of your use of this Site, you warrant to bankaroo that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

The contents of the Site, including the text, images, audio, and video, are copyrighted and may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of bankaroo, except that you may download content from the Site to any single computer for your personal, non-commercial (except with regard to your use of inherent functionality provided through the Site) use only, provided you keep intact all copyright, trademark, and other proprietary notices and comply with any applicable end user license agreements. For purposes of these Terms and Conditions, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited.

You may not use automated systems (e.g., robots, spiders, etc.) to access the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information.

Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by bankaroo and/or its vendors and licensors.

COPIES OF THESE TERMS AND CONDITIONS: UPDATES

You may print a copy of these Terms and Conditions using the print button or feature in your browser. We suggest retaining a copy for your future reference. You should be aware, however, that we may revise these Terms and Conditions at any time, and by your continued use of the Site agree to be bound by future revisions. It is your responsibility to periodically visit the “Terms and Conditions” link at the bottom of our home page to review the most current version of the Terms and Conditions. You may use your browser to print copies of any updated Terms and Conditions.

ACCESS TO SITE

In the event access to the Site or a portion thereof is limited requiring a user ID and password (‘Protected Areas’), you agree to access Protected Areas using only your user ID and password as provided to you by Company, You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. Your access to the Site may be revoked by Company at any time with or without cause. You agree to defend, indemnify and hold Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by Company arising out of your use or access of the Site, or any breach of these Terms and Conditions.

YOUR LICENSE TO US: CONTENT

You will remain the owner of all communications, uploads, video, and other content you post, upload, store, or transmit through the Site (your “content”). For the avoidance of doubt, you will remain the sole and exclusive owner of the content. You grant bankaroo a non-exclusive, perpetual, world-wide, license to reproduce, transmit, display, disclose, perform, sublicense, modify, make derivative works from and otherwise use the content in connection with the Site and bankaroo’s other services and products. In addition, bankaroo is free to use any ideas, concepts, techniques, know-how, and suggestions provided by you to bankaroo in connection with the Site and bankaroo’s services and other products. You grant the other users of the Site, the viewers of your content, a non-exclusive license to reproduce, transmit, display, disclose, perform, and otherwise use your content through the functionality of the Site.

YOUR OBLIGATIONS

You represent and warrant that you have all right, title, and interest necessary to post your content to the Site and grant the rights provided above. You will not provide any content that (i) violates the intellectual property, privacy, publicity, or other rights of any individual or entity; (ii) is defamatory, obscene, threatening, harassing, or offensive; or (iii) violates any law, regulation, or rule. bankaroo may, but is not obligated to, monitor or review any areas of the Site where user content may be made available, including, but not limited to, chat rooms, bulletin boards, and other user forums. bankaroo, however, will have no liability related to the content or your access to or use of any other user’s content, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise. bankaroo retains the right to remove, in its sole discretion, without notice, content that includes any material deemed abusive, defamatory, obscene, illegal, or otherwise inappropriate.

Additionally, bankaroo retains the right to disable or deactivate accounts engaging in inappropriate behavior as detailed above or otherwise found to be in violation of the Terms and Conditions as outlined.

INFRINGEMENT NOTICES

As provided in the Digital Millennium Copyright Act of 1998, we have designated the following individual for notification of potential copyright infringement regarding the Site:

BrightAct LLC, E-mail: support@bankaroo.com

If you believe Content available through the Site infringes a copyright, please provide the following information to the person identified above (17 U.S.C. / 512):

a. A physical or electronic signature of the copyright owner or authorized agent;
b. Identification of the copyrighted work(s) claimed to have been infringed;
c. Identification of the material that is claimed to be infringing or to be the subject of the 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;
d. Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address);
e. A statement that the copyright owner or its authorized agent 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
f. A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

WARRANTY DISCLAIMER

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY bankaroo OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

LIMITATION OF LIABILITY

bankaroo AND ITS AFFILIATES, VENDORS, LICENSORS, AND OTHER THIRD PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

ACCURACY AND INTEGRITY OF INFORMATION

Although bankaroo attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform bankaroo so that it can be corrected. Information contained on the Site may be changed or updated without notice.

LINKS OR POINTERS TO OTHER SITES

bankaroo makes no representations whatsoever about any other Web site that you may access through this Site. When you access a non-bankaroo site, please understand that it is independent from bankaroo, and that bankaroo has no control over the content on that Web site. In addition, a hyperlink to a non-bankaroo Web site does not mean that bankaroo endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

CHOICE OF LAW: VENUE

These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Any dispute, controversy or claim arising under, out of, in connection with or in relation to the Site or these Terms and Conditions will be resolved in the state and federal courts located in San Francisco, California. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

ENTIRE AGREEMENT; REVISIONS; GENERAL TERMS

Except as provided below, these Terms and Conditions constitute the entire agreement between bankaroo and you pertaining to the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. In its sole discretion, bankaroo may from time-to-time revise these Terms and Conditions by updating this posting. You should, therefore, periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site. In the event of any dispute or claim relating to the Site or these Terms of Use, you agree to resolution of such dispute in the state or federal courts located in San Mateo County, CA, in accordance with California law.

AFFILIATION
BrightAct LLC. has no affiliation to Apple Inc, Twitter or Facebook and uses only open, public API to connect to the services or products of these companies.


Privacy

INFORMATION GATHERED BY BrightAct LLC

This is BrightAct LLC.’s (“bankaroo”) online privacy policy (“Policy”). This Policy applies only to activities bankaroo engages in on its website, where website is defined as any web page or web application that interacts with bankaroo.com, bankaroo.us, bankaroo.net, bankaroo.org or any of their sub-domains, and does not apply to bankaroo activities that are “offline” or unrelated to the website. bankaroo collects certain anonymous data regarding the usage of the website. This information does not personally identify users, by itself or in combination with other information, and is gathered to improve the performance of the website. The anonymous data collected by the bankaroo website can include information such as the type of browser you are using, your IP address and the length of the visit to the website. You may also be asked to provide personally identifiable information on the bankaroo website, which may include your name, address, telephone number, credit card number, and e-mail address. This information can be gathered when feedback or e-mails are sent to bankaroo, when you register for services, or make purchases via the website. In all such cases you have the option of providing us with personally identifiable information.

COOKIES

Cookies are small bits of data that are deposited on a user’s hard drive. Cookies permit users to store their password and other user information without having to constantly re-enter this data. We may also use cookies and clear GIFs to gather and compile such information about you when you return to our Site so that we may better customize our services to you.

USE AND DISCLOSURE OF INFORMATION

bankaroo typically does not sell personally identifiable information, such as your name or e-mail address to advertisers. However, non-personal “aggregated data” may be used to enhance the operation of our website, or analyze interest in the areas of our website. Moreover, we may in some circumstances disclose personally identifiable information to third parties to enhance your experience on our website. Additionally, if you provide bankaroo with content for publishing or feedback, we may publish your user name or other identifying data. bankaroo may also disclose personally identifiable information in order to respond to a subpoena, court order or other such request. bankaroo may also provide such personally identifiable information in response to a law enforcement agency’s request or as otherwise required by law. Your personally identifiable information may be provided to a party if bankaroo files for bankruptcy, or there is a transfer of the assets or ownership of bankaroo in connection with proposed or consummated corporate reorganizations, such as mergers or acquisitions. Except as otherwise stated in this Policy, we do not sell, trade or rent your personally identifiable information collected on the site to others. The information collected by our site is used to process orders, to keep you informed about your order status, to notify you of products or special offers that may be of interest to you, and for statistical purposes for improving our site. We will disclose your personally identifiable information to third parties for tracking purposes, to charge your credit card (or process your check or money order, as appropriate), fill your order, improve the functionality of our site, perform statistical and data analyses, deliver your order and deliver promotional emails to you from us. For example, we must release your credit card number to confirm payment; and release your mailing address information to the delivery service to deliver products that you ordered.

CHOICE / OPT-OUT

We provide you the opportunity to ‘opt-out’ of having your personally identifiable information used for certain purposes, when we ask for this information. For example, if you purchase a product/service but do not wish to receive any additional marketing material from us, you can indicate your preference on our order form. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at support@bankaroo.com

ACCESS TO PERSONALLY IDENTIFIABLE INFORMATION

If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by emailing our Customer Support at support@bankaroo.com .

CHILDREN

bankaroo does not knowingly collect personal information from children under the age of 13. The users accounts are created by the parents and only they can enroll their kids. Children are not permitted to use the bankaroo website or services without their parents involvement and supervision. and bankaroo requests that children under the age of 13 not submit any personal information to the website. Since information regarding children under the age of 13 is not collected, bankaroo does not knowingly distribute personal information regarding children under the age of 13.

OTHER WEBSITES

bankaroo is not responsible for the privacy policies of websites to which it links. If you provide any information to such third parties different rules regarding the collection and use of your personal information may apply. We strongly suggest you review such third party’s privacy policies before providing any data to them. We are not responsible for the policies or practices of third parties. Please be aware that our sites may contain links to other sites on the Internet that are owned and operated by third parties. The information practices of those Web sites linked to our site is not covered by this Policy. These other sites may send their own cookies or clear GIFs to users, collect data or solicit personally identifiable information. Additionally, other companies which place advertising on our site may collect information about you when you view or click on their advertising through the use of cookies or clear GIFs. We cannot control this collection of information. You should contact these entities directly if you have any questions about their use of the information that they collect.

SECURITY

bankaroo takes appropriate steps to ensure data privacy and security including through various hardware and software methodologies. However, bankaroo cannot guarantee the security of any information that is disclosed online.

CORRECTIONS AND UPDATES

If you wish to modify or update any information bankaroo has received, please contact support@bankaroo.com

MODIFICATIONS OF THE PRIVACY POLICY.

bankaroo reserves the rights to modify its privacy policy at any time and will notify you by posting an amendment to the privacy policy on the website. Such modifications will become effective on the day they are posted and apply to information collected after the effective date. bankaroo encourages you to frequently review the privacy policy for any modifications.

CONTACT US

Email: support@bankaroo.com

Effective: Nov 20, 2011.