ForeverBanana.com's Terms of Service 1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE Welcome to the ForeverBanana.com website (the "Service") provided to you personally by Dennis Teoh Kar Teik. By using the Service, you agree to be bound by the following terms of use of the Service, and any changes or modifications made from time to time without prior consent and notice to you (herein collectively referred to as the "Terms of Service"). These Terms of Service give the members certain rights and responsibilities should you disagree to be bound by these terms, you must immediately discontinue use of the Service. By completing the registration form and clicking on the "I agreed to be a member now" button, you are to be bound by these Terms of Service, along with any changes to the Terms of Service subsequently made in ForeverBanana.com. And you agree to regularly review these Terms of Service for any modifications and adhere to any such modifications. You further agree that these Terms of Service form a legally binding contract between you and ForeverBanana.com, and that this agreement constitutes a writing signed by you under any applicable law or regulation. Any rights not expressly granted herein are reserved by ForeverBanana.com. 2. DESCRIPTION OF SERVICE The Service provided to you includes the communication, activities and exchange of information and ideas among users of the Service (herein called "Members") in respect of information, data, text, files, photographs, graphics, software, sound, hyperlinks, or other materials submitted to the Service (herein collectively referred to as "Content") and provides Members the capability of creating and/or managing an online Profile (herein called a "Profile"). Any and all changes made to the Service, including without limitation the addition of new features to the Service shall be subject to the Terms of Service. ForeverBanana.com has the right to modify, whether increase or reduce the Service and to terminate or suspend any part of the Service, at any time or from time to time, temporarily or permanently, with or without any prior consent to you. ForeverBanana.com in its sole discretion shall not liable to you or any other party for the modification, termination or suspension of the Service or any part of the Service. 3. USER REGISTRATION AND INFORMATION In order to register and use the Service, you must be 18 years old and above. You agree to provide true, accurate, current and complete information about yourself (including your email address which will be used by ForeverBanana.com as the primary method of communication to the Members), as submitted in any registration form on the Service and to maintain up-to-date information which is true, accurate, current and complete at all times by making changes, additions or deletions to your Member Profile, as required. If any information provided is not true, accurate, current or complete, or ForeverBanana.com has reasonable grounds to suspect that the information is untrue, inaccurate, not current or complete, then ForeverBanana.com shall have the right to suspend or terminate your right to use the Service and refuse to provide any current or future Service to you. You agree that ForeverBanana.com, in its sole discretion, reserves the right to terminate or suspend your Profile and to delete all your Information, to bar your access to the Service, currently or in the future, without any prior consent to you if ForeverBanana.com believes that you have violated any part of the Terms of Service. You must also agree that ForeverBanana.com shall not liable to you or any other party for the termination or suspension of your Profile and access to the Service. 4. MEMBERS CONDUCT Content available on the Service is provided by Members of the Service who are independent of ForeverBanana.com. Accordingly, you acknowledge that all Content whether publicly posted or privately transmitted is the sole responsibility of the person from whom such Content originated. Since ForeverBanana.com does not control the Content, you understand that it does not guarantee the accuracy, integrity or quality of such Content. You further understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. You represent, warrant, covenant and agree that you will not: (a) abuse, damage and/or hack the Service; (b) use the Service for illegal purposes; (c) Upload, post, publish, transmit or reproduce any Content via the Service that is illegal, damaging, hostile, abusive, offensive, indecent, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of other's privacy, hateful, racist or otherwise objectionable. (d) Upload, post or transmit any Content via the Service under any law or contract. (e) Upload, post or transmit any Content via the Service that contains unsolicited or unauthorized advertising, promotional materials, "spam mails", "junk mails", "chain letters", "pyramid schemes" or any other form of materials unless approved by ForeverBanana.com. (f) Upload, post or transmit any Content via the Service that infringes any trademark, patent, copyright or other proprietary rights of any party. (g) Upload, post or transmit any Content via the Service contain any programmed viruses, computer code, files, data or programs that interrupt, destroy or damage any computer software or hardware or telecommunication devices in any way. (h) Upload, post or transmit any Content via the Service that promote or provide information about illegal activities such as encouraging physical harm or injury against any individual or entity or encouraging abusive act to animals. (i) Duplicate, copy, sell, resell or exploit any part of the Service. (j) Damage, harass or threaten any individual or entity in any way (k) Imitate any individual or entity or falsely state or otherwise misrepresent your relation with an individual or entity. (l) Interrupt the Service or networks that are connected to the Service. (m) Break any rules, regulations, requirements, procedures or policies of the networks that are connected to the Service. (n) Disobey any applicable local, state, national or international laws or online transmission rules of any kind, in Malaysia or the country you live. (o) Proceed any commercial activities without consent and approval from ForeverBanana.com, inclusive of, but not limited to, the following activities: (I) promoting any direct sales or multi-level marketing activities; (II) promoting or offering for sale any products or services (III) soliciting for any advertisers or sponsors; (IV) organising any lucky draw, contest or any events; (V) upload, post or transmit sponsorship banner of any kind. Should you be found to be in any of the violation, your Profile may be terminated immediately, without notice to you in accordance with section 3. ForeverBanana.com does not review, screen or edit Content posted on any Profile. Content Moderators have the obligation to monitor, edit or remove any Content transmitted or received through the Service to their Profile if the Content violates the Terms of Service or if the Content Moderators otherwise deem the Content, in their sole discretion, objectionable. Notwithstanding the rights or obligations of Content Moderators, ForeverBanana.com reserve the right (but is under no obligation) to monitor, edit or remove any Content transmitted or received through the Service if the Content violates the Terms of Service, or if ForeverBanana.com otherwise deems the Content objectionable. Furthermore, ForeverBanana.com (where the ability to do so exists) reserves the right (but is under no obligation) to (i) remove any Profile, (ii) modify any Profile, (iii) prohibit certain configurations of a Profile, and (iv) suspend, block, delete or otherwise restrict access to any Profile. You acknowledge and agree that ForeverBanana.com may preserve Content or disclose the Content, if required by law to do so or if it believes in good faith that the preservation or disclosure is reasonably necessary to (i) comply with local process, (ii) enforce the Terms of Service, (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property or personal safety of ForeverBanana.com, users of the Service and members of the public. 5. USE OF PERSONAL INFORMATION AND PRIVACY You acknowledge that if you register with the Service, ForeverBanana.com may disclose to third parties your information from the registration and ForeverBanana.com believes, in good faith, that disclosure is reasonably necessary to comply with the law, legal process, to enforce the Terms of Service or to protect itself, the Members or others. In addition, due to the nature of the Internet and other factors, privacy in your communications cannot be assured and this should always be considered when deciding to transmit confidential or other information through the Service. 6. CONTENT SUBMITTED TO SERVICE Content available on the Service is provided by Members of the Service who are independent of ForeverBanana.com. Accordingly, ForeverBanana.com does not claim ownership of the Content you place on any Profile. Except as may otherwise be provided in a separate written agreement between you and ForeverBanana.com, by submitting Content to ForeverBanana.com for inclusion on a Profile, you grant ForeverBanana.com the royalty-free, world-wide and non-exclusive license to display, distribute, sublicense, reproduce, modify, adapt and publish your Content solely for the purpose of displaying, distributing and promoting your Profile on the Service. You also grant ForeverBanana.com the right to authorize the downloading and/or printing in whole or in part of any Content that you have submitted to the Service, by other Members for their personal/non-commercial use. 7. ADVERTISING ON THE SERVICE ForeverBanana.com runs advertisements and promotions on the Service. Your communication or business dealings with, or participation in promotions of, advertisers found on or through the Service, including the payment and delivery of related goods and services, and any other terms, conditions, warranties or representations in connection with such dealings are solely between you and the advertiser and you agree that ForeverBanana.com shall not be liable or in any way responsible for any loss or damage of any sort through such dealings or arising from advertisers on the Service. 8. INDEMNIFICATION You agree to indemnify, defend and hold harmless ForeverBanana.com, Dennis Teoh Kar Teik, all ForeverBanana.com administrators and Content Moderators from and against any loss, claim, demand, cost and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the Service, your Content, your violation of the Terms of Service or your violation of any rights of another Member. ForeverBanana.com reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations. 9. STORAGE, RESOURCES AND BACKUP You acknowledge and agree that ForeverBanana.com shall not be responsible for the deletion, miscommunication or the failure to store any Content on the Service. ForeverBanana.com shall not be liable for any failure to backup or restore any Content, nor shall it be liable for any for interruptions, delays, unavailability, or suspensions of access to the Service, for whatever reason and however caused. 10. THIRD PATRY LINKS ForeverBanana.com may link with other World Wide Web sites or resources. You agree that ForeverBanana.com shall not be responsible or liable for any Content, products, advertising, promotions, or other activities accessible in such sites or resources because ForeverBanana.com has no control over such sites or resources. You shall also agree that ForeverBanana.com shall not responsible or liable to any loss or damage due to your connection or access to such sites or resources. 11. PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service (the "Software") are the sole property of ForeverBanana.com and contain proprietary and confidential information protected by applicable intellectual property and other laws. You further acknowledge and agree that Content, including but not limited to, text, software, music, sound, photographs, graphics, video, or other materials contained in advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service-marks, patents or other laws governing intellectual property and proprietary rights. Except as expressly authorized by ForeverBanana.com, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based upon the Service or the Software in whole or in part. Content received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only. You agree not to modify, copy, reproduce, republish, upload, post, transmit, sell or distribute in any way, Content available through the Service, the rights of which you do not already own. 12. DISCLAIMER OF WARRANTIES (a) You agree that ForeverBanana.com disclaims all warranties of any kind, whether express or implied. (b) You agree that your use of the Service is at your own risk. (c) You agree that ForeverBanana.com is not warranty to you that: (i) The Service or Information or Content or any other materials that you downloaded or exposed to via the use of the Service will meet your requirement. (ii) The Service or Information or Content or any other materials that you downloaded or exposed to via the Service are accurate, reliable or error-free. (iii) The Service is uninterrupted, opportune, secure or error-free (iv) Any kind of error found via the Service will be eliminated immediately. (d) You agree that you are solely responsible or liable to any loss or damage due to your expose to the Information, Content or any other materials that obtained via the Service. (e) Any advice or information obtained by you via the Service shall not be considered as a warranty unless stated in this Terms of Service. 13. LIMITATION OF LIABILITY You agree that ForeverBanana.com shall not responsible, liable for any kind of loss or damage due to: (a) the use of the Service (b) the modification of the Service (c) unauthorized access to or modification of your transmission or data (d) statements or conduct of any third party on the Service (e) any matter relating to the Service. If you are dissatisfied with the Service, the material available on or through the Service, or with any of the Terms of Service, your sole and exclusive remedy is to discontinue use of the Service. In addition to the above Terms of Service, please also read our Privacy Policy and Conduct Policy. If you have any questions or concerns about this Terms of Service, please contact us at info at ForeverBanana.com.