Terms of service
1. Registration Information
In order to access certain restricted portions of this Site or to sign-up for the Service, You must be 18 years old and You are required to register on this Site by completing a Registration Form or Enrollment Form (collectively, the “Registration Form”). Bang Bang may accept or reject any Registration Form in its sole discretion. You represent and warrant that the information provided when registering is accurate, complete and current as of the date submitted and that You will update such information from time to time as necessary. These Terms shall be incorporated into, and form an integral part of, each Registration Form.
As part of the registration process, You will select a user name based on your e-mail (“User Name”), and a password (“Password”) to access the User Name. Your User Name and Password are your credentials (“Credentials”) to access the restricted portions of this Site. You may not have a User Name that is vulgar, attempts to impersonate another person, or violates the rights of others. Bang Bang may also reject any User Name that Bang Bang determines in its discretion is unacceptable for use on this Site.
You are solely responsible for all use of this Site under your User Name and Password and for maintaining the confidentiality of your User Names and Passwords and will (i) promptly notify Bang Bang of any actual or suspected unauthorized use of this Site or Service, and (ii) ensure that you exit from your account at the end of each session. If you disclose or otherwise allow discovery of your User Name and/or Passwords to or by any person(s) or entity, you assume all risks and losses associated with such disclosure. Please note that Bang Bang will store a Password retrieval question and answer, which allows you the ability to retrieve your Password. If You do not answer the retrieval question correctly within the stated number of attempts, your User Name will be permanently deactivated, and you will need to re-register on the Site with a new User Name and Password.
2. General Rules and Abuse
You agree not to engage in any of the following prohibited activities: (i) copying, modifying, creating derivatives, distributing, disclosing, selling or offering to sell any part of the Site or Service in any medium, including without limitation by any automated or non-automated scraping; (ii) using any automated system, including without limitation robots, spiders, offline readers, etc., to access the Site or Service in a manner that sends more request messages to the Bang Bang servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Bang Bang grants the operators of public search engines revocable permission to use spiders to copy materials from mailshake.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email through the Site or Service; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Site or Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Site or Service; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (ix) interfering with the proper working of the Site or Service; (x) accessing any content on the Site or Service through any technology or means other than those provided or authorized by the Site or Service; or (xi) bypassing the measures we may use to prevent or restrict access to the Site Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or Service or the content therein.
We may, without prior notice, change the Site or Service; stop providing the Site or Service or features of the Site or Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Site or Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
Bang Bang has the right to modify, suspend or discontinue, temporarily or permanently, the Site or Service, any products or services provided by Bang Bang through the Site or Service, or your right to access or use any portion of the Site or Service, in Bang Bang’s sole discretion, at any time and without prior notice, for any reason, including without limitation: (1) attempts by you (or another party) to gain unauthorized access to the Site, Service or assist others in attempting to do so, (2) your (or another party’s) disabling of any security features on the Site or Service, (3) your violation of these Terms, (4) suspected or actual infringement of a third party’s intellectual property rights or (5) pursuant to requests by law enforcement or other government agencies. The obligations and liabilities you incurred prior to the termination date shall survive the termination of these Terms for all purposes. In the event of any such termination, the restrictions on your use of the material on the Site or Service shall survive such termination, and you agree to be bound by those terms. YOU ACKNOWLEDGE AND AGREE THAT BANG BANG SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF ANY SITE OR ANY SERVICE OR INFORMATION PROVIDED ON THIS SITE OR ACCESSED BY YOU THROUGH THIS SITE OR SERVICE.
3. Our Proprietary Rights; License Grant
Bang Bang Site, Service and Content. The Service, Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music (collectively, the ”Bang Bang Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Bang Bang and, to the extent applicable, its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Bang Bang Content. Use of the Bang Bang Content for any purpose not expressly permitted by these Terms is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Site, Service or the Bang Bang Content, including without limitation about how to improve the Site, Service, our products, services and the Bang Bang Content (collectively, “Idea”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Bang Bang under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Bang Bang does not waive any rights to use similar or related ideas previously known to Bang Bang, or developed by its employees, or obtained from sources other than you.
License Grant. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site, Service and Bang Bang Content for your personal or internal business purpose use only and as permitted by the features of the Site or Service. Bang Bang reserves all rights not expressly granted herein in the Site, Service and the Bang Bang Content (as defined below). Bang Bang may terminate this license at any time for any reason or no reason.
The Site provides general information about Bang Bang and its products and services. Use of this Site is limited to legitimate purposes. Bang Bang may, from time to time, introduce new features to the Site or Service, or modify or delete existing features, in its sole discretion. Bang Bang shall notify you of any of these changes to features to the extent Bang Bang is required by law to do so. By using any new or modified features to the Site or Service when they become available, you agree to be bound by these Terms concerning such new features.
Bang Bang has no obligation to update any information or content on any Site. Accordingly, Bang Bang, its subsidiaries, affiliated companies and joint partners assume no responsibility regarding the accuracy of the information or content provided on the Site. Any use of the information or content provided on this Site is done so at your own risk.
4. Third Party Websites
5. Paid Services
Billing Policies. Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms listed on the Site, as Bang Bang may update them from time to time. Bang Bang may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms. Bang Bang may lock your account for non-payment at any time. In addition to the amount due, delinquent accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks including, but not limited to, collection fees and/or convenience fees and/or other third parties’ charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone. Such communication may be made by Bang Bang or by anyone on our behalf, including but not limited to a third party collection agent. You may cancel the Service at any time by sending an email to Bang Bang at email@example.com. If you cancel the Service during the middle of a month, Bang Bang will not provide you with a pro-rata refund of any prepaid fees. All fees paid for the Service are nonrefundable.
Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Free Trial. Bang Bang is under no obligation to offer a free trial of any products or services. However, Bang Bang may, at its sole discretion, offer free trials. Bang Bang makes no warranties about the delivery time of such a free trial, and all free trials are subject to discontinuation by Bang Bang at any time for any reason, without notice. Upon the cancellation of a free subscription of the Service, any discount obtained via a coupon code will be null and void and any future subscription for the Service will be charged pursuant to Bang Bang’s normal pricing structure at that time.
Bang Bang will attempt to find email addresses or a contact form link for each contact through your use of the Service. Any contact that you submit for a crowdsourcing campaign must have a website listed.
7. Third-Party Reliance
Some of Bang Bang’s products and services exist and rely on sites owned and operated by third-parties. Certain functional aspects of Bang Bang’s products and services may be out of our control. Accordingly, Bang Bang cannot guarantee the continued reliability or functionality of products or services hosted on third-party sites. Bang Bang will make commercially reasonable efforts to assist you in accessing and trouble-shooting affected products.
You understand that some websites may require permission to scan their URL or website content. According, You agree that You have obtained the necessary permission to access and scan any URLs or website content that you submit through the Site or Service. Bang Bang hereby disclaims, and You release Bang Bang from any and all liability associated with unauthorized scanning of any website URL or website content.
9. International Use
Bang Bang makes no representation that materials on the Site or the Service are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site or Service from other locations do so on their own initiative and are responsible for compliance with local laws.
10. User Contributions to the Site or Service
There may be opportunities for you to contribute information, data or materials to the Site, which may include, among others, uploading information, participating in chats, using our bulletin boards, etc., which information, data or materials we collectively call “User Content.” Bang Bang is not liable or responsible for any User Content provided by its users or other third parties to the Site, including Suppliers. The contributions of third parties do not necessarily represent the view or opinions of Bang Bang. Bang Bang cannot preview User Content before it appears on the Site. You can be held liable for any illegal or prohibited User Content you provide to any Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on any Site, please notify us at firstname.lastname@example.org. We will investigate your claim promptly and may then take the actions deemed appropriate.
You acknowledge and agree that any information, comments, documents, images or general content you enter in or post on this Site may be viewed by any other users with access to this Site, and therefore will not be considered confidential by you. By providing any such information, comments, documents, images or general content to Bang Bang, you grant to Bang Bang an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information, comments, documents, images or general content on this Site. You further agree that Bang Bang is free to use any ideas, concepts or know-how that you, or individuals acting on your behalf, provide to Bang Bang.
11. Links and Search Results
For the avoidance of doubt, the Site or Service may automatically produce search results that reference or link to third-party sites throughout the World Wide Web. Bang Bang has no control over those sites or the content within them. Bang Bang cannot guarantee, represent or warrant that the content contained in those third-party sites is accurate, legal and/or inoffensive. Bang Bang does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site or Service to search for or link to another site, you agree and understand that you may not make any claim against Bang Bang for any damages or losses whatsoever resulting from your use of the Site or Service to obtain search results or to link to another site. If you have a problem with a link from the Site or Service, please notify us at email@example.com and we will investigate your claim promptly and take any actions we deem appropriate in our sole discretion.
This Site may use hyperlinks as a convenience to you so that certain reference material, Bang Bang-related subjects and other pertinent material is easily accessible. Linked and referenced sites may not be operated, controlled or maintained by Bang Bang. Hyperlinks and references to other sites, including any Bang Bang-affiliated entity, do not constitute sponsorship, endorsement or approval by Bang Bang of the information, content, policies or practices of such linked or referenced sites. Bang Bang, its subsidiaries, affiliated companies and joint partners do not accept any responsibilities for any information or content, availability, policies, practices or any use of such sites. You access, browse and use such sites at your own risk.
12. Commercial User
For the avoidance of doubt, the Site may not be used by our visitors for any commercial purposes other than to inquire about the products or services of Bang Bang, and use such products or services, without the express consent of Bang Bang. You must obtain our prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling Bang Bang products or services of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including, without limitation, removing the offending communication from the Site and barring such violators from use of the Site. We reserve the right to block access to or cancel any order for any user known or reasonably believed to be in violation of this provision.
13. Violation of these Terms
You understand and agree that in Bang Bang’s sole discretion, and without prior notice, we may terminate your access to the Site or Service, cancel any transactions or exercise any other remedy available and remove any unauthorized User Content if we believe that the User Content you provided, or your use of the Site or Service, has violated or is inconsistent with these Terms or violated the rights of Bang Bang, another user, or the law or constitutes a breach of these Terms. You agree that monetary damages may not provide a sufficient remedy to Bang Bang for violations of these Terms and you consent to injunctive or other equitable relief for such violations. Bang Bang may release user information about you if required by law or subpoena, or if release of the information is necessary or appropriate to address an unlawful or harmful activity. Bang Bang is not required to provide any refund to you if your account is terminated because you have violated these Terms.
Bang Bang is not responsible for the products, services, actions or failures to act of any third party referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers, service and/or product providers referenced on or included in the Site to us at firstname.lastname@example.org. We may investigate the claim and take appropriate action, in our sole discretion.
14. Disclaimer of Warranties
YOU USE THE SITE, THE SERVICE AND THE PRODUCTS AND OTHER SERVICES OFFERED ON THE SITE AT YOUR OWN RISK. ALL INFORMATION AND CONTENT AND ALL PRODUCTS AND SERVICES OFFERED OR ACCESSED THROUGH THE SITE OR SERVICE, INCLUDING CONTENT PROVIDED BY THIRD-PARTY PROVIDERS, ADVERTISERS AND SPONSORS ON ANY SITE, IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, TITLE OR NON-INFRINGEMENT. ALL INFORMATION, CONTENT, PRODUCTS AND SERVICES OFFERED OR ACCESSED THROUGH ANY HYPERLINKED SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, AND IS USED AT YOUR OWN RISK.
WITHOUT LIMITING THE ABOVE DISCLAIMERS, BANG BANG AND ITS SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, AND JOINT PARTNERS: (1) MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER CONCERNING THIS SITE, THE SERVICE OR ANY OTHER INTERNET SITE, THE ACCESS TO, OR THE AVAILABILITY OR USE OF, THIS SITE, THE SERVICE OR ANY OTHER INTERNET SITE, THE INFORMATION AND CONTENT FROM WHATEVER SOURCE POSTED ON OR REFERRED TO ON THE SITE, THE SERVICE OR ANY OTHER INTERNET SITE OR THE ACCURACY, COMPLETENESS OR TIMELINESS OF SUCH INFORMATION OR CONTENT; (2) DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO, OR USE OF, THIS SITE, THE SERVICE OR ANY OTHER INTERNET SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE SERVICE OR ANY OTHER INTERNET SITE IS, OR THE INFORMATION OR CONTENT FROM WHATEVER SOURCE AVAILABLE FOR USE OR DOWNLOADING ARE, FREE OF COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS; (3) DO NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY OTHER SERVICES OR PRODUCTS LISTED ON, OR ACCESSED THROUGH, THIS SITE WILL BE AVAILABLE FOR PURCHASE OR NOT WITHDRAWN AT ANY TIME AND MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER CONCERNING SUCH PRODUCTS OR SERVICES; AND (4) DO NOT REPRESENT OR WARRANT THE ACCURACY, FUNCTIONALITY OR SPECIFICATIONS OR ANY OTHER ASPECT OF ITEMS FROM WHATEVER SOURCE POSTED OR ACCESSED THROUGH THIS SITE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
15. Limitation of Liability
IN NO EVENT WILL BANG BANG, ITS SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE, THE SERVICE OR ANY OF THE PRODUCTS OR SERVICES OFFERED OR ACCESSED THROUGH THIS SITE, OR ANY OTHER HYPERLINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OR OTHERWISE ARISING OUT OF THE USE OR MISUSE OF OR INABILITY TO USE ANY SITE OR THE INFORMATION, CONTENT, DOCUMENTS OR SOFTWARE THEREOF, EVEN IF BANG BANG, ITS SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, OR SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST BANG BANG, ITS SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, AND SUPPLIERS IS TO DISCONTINUE USE OF THIS SITE AND ANY HYPERLINKED SITES AND TO DISCONTINUE THE USE OF PRODUCTS AND SERVICES OFFERED OR ACCESSED ON THIS SITE AND ANY HYPERLINKED SITES.
You agree to defend, indemnify, save and hold harmless Bang Bang and its subsidiaries, affiliated companies, joint partners and licensees and their respective directors, members, shareholders, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees as incurred, arising out of your use of the Site and the Service, including any violation or alleged violation of these Terms.
18. No Recommendations or Advice Provided
Although information and User Content may be available through the Site or Service, You should not construe such information and content as expressing the opinions of or endorsement by Bang Bang. You alone bear the responsibility of evaluating any information or content available on the Site or Service. In exchange for using such information or content, You hereby agree to release Bang Bang from any claim and to not hold Bang Bang liable for any possible claim for damages arising from any decision You may make based on information or content available on the Site or the Service.
You warrant to Bang Bang that you will not attempt to gain unauthorized access to any services offered by Bang Bang or computer systems or networks connected to any Bang Bang server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Bang Bang. When using the Site You agree not to pretend to be someone else or spoof their identity.
Bang Bang controls the Site and the Service (excluding linked sites) from its offices in Carmel, Indiana and makes no representation that any content contained in this Site is appropriate or available for use in other locations. Accessing this Site in locations where the use of such content is illegal is prohibited. By accessing this Site You agree that the statutes and laws of the State of Illinois, notwithstanding any principles of conflicts of law, will apply to all matters relating to use of the Site and the Service and that if You use this Site from any other location you are responsible for compliance with applicable local laws. Any claim relating to the Site or Service shall be litigated in the state and federal courts having jurisdiction in the State of Indiana and You hereby consent to the jurisdiction and venue of those courts. If any part of these Terms is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles herein are for convenience only and have no legal or contractual effect. When applicable, You further agree, as a condition of using this Site, to ensure that all of your agents, employees and independent contractors adhere to these Terms.