second banana
Welcome to Second Banana ("the Web app"). These Terms and Conditions ("Terms") govern your use of our free and paid dating services. By downloading, accessing, or using the Web app, you agree to be bound by these Terms. If you do not agree, please do not use the Web app.
Eligibility
Age Requirement : You must be at least 18 years old to use the Web app.
Legal Compliance : You agree to comply with all applicable laws and regulations, including Quebec’s Civil Code and privacy laws, while using the Web app.
Single Account : Each user may create only one account. Second Banana reserves the right to suspend or delete duplicate accounts.
Account Registration
Account Information : You agree to provide accurate and complete information during registration.
Account Security : You are responsible for maintaining the confidentiality of your account credentials and are liable for all activities under your account.
Subscription and Payments
Subscription Fees : Second Banana offers a premium membership at $3.99 per month. Premium membership grants access to additional features and enhanced functionality within the Web app. Subscription fees are charged monthly and are non-refundable.
Payment : All payments must be made through the Web app's payment system. By purchasing a subscription, you acknowledge that payments are final and non-refundable, except as required by law.
Annual Subscriptions : If you choose an annual subscription and cancel before the year ends, you will retain access to the Web app’s premium features for the remainder of the subscription term. No refunds will be issued for the unused portion of the subscription term upon cancellation.
Automatic Renewal : Paid subscriptions automatically renew at the end of each subscription period (monthly or yearly) unless cancelled at least 24 hours before the end of the current period. You may cancel your subscription through your Web app account settings.
These Membership Fees are provided to you upon the membership upgrade page and may change from time to time. Unless otherwise indicated, Membership Fees cover an initial period, for which there is a one-time charge, followed by recurring periodic charges for subsequent periods as agreed to by you upon upgrading your account. You acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. In case of a violation of our Terms and Conditions, the affected user will not be eligible for a refund of any fees or charges paid to Second Banana. This includes, but is not limited to, subscription fees, service fees, or any other payments made to access or use our services. Please be advised that refunds cannot be issued to expired/canceled credit cards. It is essential to ensure that your credit card is valid and active at the time of requesting a refund.
User Conduct
Respectful Behavior : Users must treat each other with respect. Harassment, hate speech, or discriminatory language is strictly prohibited.
Prohibited Content : Users may not upload or share content that is offensive, explicit, or violates the rights of others and that violates our “GUIDELINES” and “DATING SAFETY”
Fraud Prevention : Impersonation, catfishing, and fraudulent activities are strictly forbidden. Violation may result in termination and reporting to authorities.
Dating Safety
Safety Guidelines : : Second Banana is committed to promoting a safe environment. Users are encouraged to follow our Dating Safety guidelines, which are provided in the Web app’s Safety section.
Personal Responsibility : Users are responsible for their own safety in interactions, both online and in person. Second Banana does not conduct background checks on users.
Reporting Violations : If you encounter inappropriate or unsafe behavior, please report it immediately through our in-Web app reporting feature.
Community Guidelines
Guidelines Overview : : By using the Web app, you agree to follow Second Banana’s Community Guidelines, which outline acceptable and respectful behavior within the Web app. The guidelines are designed to create a welcoming and positive experience for all users.
Guideline Violations : Violations of our Community Guidelines, including abusive language, inappropriate behavior, or misuse of features, may result in suspension or termination of your account.
All of your UGC (User Generated Content) must be original or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms and any applicable Additional Terms. Your UGC should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any UGC that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your UGC or has any rights to your UGC, or if anyone appears or is referred to in the UGC, then you must also have their permission to submit such UGC to Second Banana. (For example, if someone has taken a picture of you and your friend, and you submit that photo to SB as your UGC, then you must obtain your friend’s and the photographer’s permission to do so.)
Your UGC must not promote any infringing, illegal, or other similarly inappropriate activity. You are prohibited from submitting content to the Service that violates (or could violate) the legal rights (including the rights of publicity and privacy) of others or that contain material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy. You agree not to post content that: a) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way b) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability. C) constitutes, contains, offers or solicits prostitution, bestiality, child pornography. D) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships. E) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; that constitutes or contains any form of advertising or solicitation if: posted in areas of the Second Banana sites which are not designated for such purposes; or emailed to SB users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests; that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law.
Remember that the Communities are public or semi-public and UGC that you submit on the Service within a Community may be accessible and viewable by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, email address, or other personally identifiable information or contact information) on Community spaces and take care when otherwise disclosing this type of information to others.
You are solely responsible for your interaction with other users of the Service, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities. Accounts may only be set up by an authorized representative of the individual that is the subject of the account and who is of the age of majority. We do not guarantee the authenticity of accounts, and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.
User-Generated Content
License : By uploading content, you grant Second Banana a non-exclusive, royalty-free, worldwide license to use, modify, and display this content.
Content Responsibility : You are solely responsible for the content you post. Second Banana is not liable for user-generated content.
all content, including postings, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, or linked from SB, are the sole responsibility of the person from whom such content originated. More specifically, you are entirely responsible for each individual item of content that you post, email, submit or otherwise make available via the Service. You understand that SB cannot control, and is not responsible for, content made through the Service, and that by using SB, you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
Furthermore, the Service and its content may contain links to other websites, which are completely independent of SB. SB makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in any such site. Clicking on these links and navigating to other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of and reliance on any content, and that under no circumstances will SB be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, or otherwise made available via the Service.
Privacy and Data Collection
Personal Data : Our Privacy Policy outlines how we collect, use, and store your data. By using the Web app, you consent to our data practices as described in our Privacy Policy.
Data Security : We implement appropriate security measures to protect your data. However, no system is entirely secure, and we cannot guarantee the security of your data.
Termination
Termination by You : You may terminate your account at any time through the Web app settings. No refunds will be provided for unused subscription periods.
Termination by Second Banana : We reserve the right to suspend or terminate accounts that violate these Terms or engage in inappropriate behavior.
Disclaimers
No Guarantee of Matches : Second Banana does not guarantee that you will find a match or date through our service.
Use at Your Own Risk : Use of the Web app is at your own risk. Second Banana is not liable for interactions with other users or any outcomes of those interactions.
Limitation of Liability
Web App Performance : Second Banana is provided "as-is." We make no guarantees about the Web app’s availability, reliability, or security.
Liability Limitation : In no event shall Second Banana be liable for any damages arising from your use of the Web app, including but not limited to indirect, incidental, or consequential damages, except as required under Quebec law.
AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY SB PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Content, SB Licensed Elements, UGC or other SB products or services, except, to the extent not waivable under applicable law, for direct damages for personal injury caused by a physical product manufactured, sold or provided by SB.
The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if SB Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).
AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SB PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID SB IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).
Amendments to Terms
Changes : We reserve the right to modify these Terms at any time. You should visit this page to be notified of significant changes, and continued use of the Web app constitutes acceptance of the revised Terms.
Governing Law
Jurisdiction : These Terms are governed by the laws of the province of Quebec and the laws of Canada applicable therein. Disputes arising from the Web app or these Terms shall be resolved in the courts of Quebec.
Safety
SB IS NOT RESPONSIBLE FOR YOUR USE OF THE SERVICE OR FOR THE ACTIONS OF OTHER USERS WITH WHOM YOU MAY EXCHANGE INFORMATION OR HAVE CONTACT. SB DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS OF ITS USERS. SB DOES NOT VERIFY THE INFORMATION PROVIDED BY USERS WITH RESPECT TO USERS’ IDENTITY, HEALTH, PHYSICAL CONDITION, OR OTHERWISE. SB ALSO IS NOT RESPONSIBLE FOR ACTIVITIES OR LEGAL CONSEQUENCES OF YOUR USE OF THE SERVICE IN LOCATIONS WHICH MAY ATTEMPT TO CRIMINALIZE OR LIMIT YOUR PERSONAL INTERACTIONS. YOU MUST MAKE YOUR OWN INFORMED DECISIONS ABOUT USE OF THE SERVICE IN YOUR LOCATION AND ASSESS ANY POTENTIAL ADVERSE CONSEQUENCES.
Contact Information
If you have any questions about these Terms, please contact us at
info@secondbanana.app