BananaDesk Terms of Use

Updated on February 28, 2014

  1. Acceptance of Terms of Use.
    • Your use of this website including all services, tools and software (collectively “BananaDesk”) is subject to your irrevocable acceptance without modification of these Terms of Use (the “Terms”) and Privacy Policy. You agree to use BananaDesk in accordance with and subject to these Terms. The Terms as set out hereunder constitute the entire agreement between you and SafeHostel LLC (“SafeHostel”, “we”, “us” or “our”). If you do not read or accept these Terms, do not use BananaDesk or this Web property. By accessing any part of BananaDesk, you consent to be bound by these Terms.
    • Your use of this website including all services, tools and software (collectively “BananaDesk”) is subject to your irrevocable acceptance without modification of these Terms of Use (the “Terms”) and Privacy Policy. You agree to use BananaDesk in accordance with and subject to these Terms. The Terms as set out hereunder constitute the entire agreement between you and SafeHostel LLC (“SafeHostel”, “we”, “us” or “our”). If you do not read or accept these Terms, do not use BananaDesk or this Web property. By accessing any part of BananaDesk, you consent to be bound by these Terms.
    • Your use of BananaDesk is subject to the Terms in effect at the time of your use. We reserve the right to update and change the Terms from time to time without notice or acceptance by you, so please check this page frequently for updates and changes. However, changes made to the Terms will not apply to you to the extent that (i) the changes concern matters that are the subject of an actual dispute between you and SafeHostel as of the date the changes take effect and (ii) SafeHostel has written notice of the dispute as of the date the changes take effect.
    • By making any use of BananaDesk, you signify your irrevocable acceptance of the Terms and Privacy Policy in effect at the time of your use. If you are an individual acting as a representative of a corporation or other legal entity which wishes to use BananaDesk, then you represent and agree that you have the authority to accept the Terms and Privacy Policy on behalf of such corporation or other legal entity and that all provisions of the Terms and Privacy Policy will bind that corporation or other legal entity as if it were named in the Terms and Privacy Policy in place of you.
  2. Eligibility.
    • You must be at least 18 years old to use BananaDesk. All others are prohibited from using the Site. If you use the Site on behalf of a corporation or other legal entity, you must be an authorized representative with the authority to bind them to these Terms (which authority you hereby exercise).
  3. Changes to the Terms.
    • We may modify the Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. Your continued use of BananaDesk after any posted modification to the Terms indicates your acceptance of the modification.
  4. Registration, Account Information and Account Access.
    • To use some of the features of BananaDesk, you will be required to create an account and provide information about yourself to us. When you register, you must provide true, accurate, current and complete information about yourself and maintain and promptly update your account information to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of your account passcode and are responsible for all activities that occur on or through your account, whether authorized by you or not. We will not be liable for any loss or damage arising from your failure to maintain control over access to your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
  5. Versions of BananaDesk Service.
    • BananaDesk may be made available in free or paid versions and/or in different service levels. Not all of the features and functionality of BananaDesk may be available in each version or service level. The features and functionality of each version or service level may be changed from time to time at our discretion.
    • We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, BananaDesk (or any part thereof) with or without notice at any time. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of BananaDesk.
  6. Payment Terms.
    • In order to register for or use a paid version of BananaDesk, you may be required to provide us with billing and account information ("Billing Information") for a credit card or another payment system for which you are authorized to approve charges (each, a "Payment Source"). You must provide us with true, accurate, current and complete Billing Information and maintain and promptly update your Billing Information to keep it true, accurate, current and complete.
    • You authorize us to automatically and immediately bill your Payment Source when charges for your use of the paid version of BananaDesk are due, without any further action on your part or other prior notice from us. You assume full responsibility for such charges, even if such charges are declined or not paid by your Payment Source.
    • If you register to use a paid version of BananaDesk on a free-trial basis and you do not cancel the trial before the expiration of the trial period, then, upon the expiration of the trial period, your account will be automatically converted to a paid account and your Payment Source will be billed for that paid version of BananaDesk. We will notify you by email prior to this automatic conversion.
    • If your Payment Source is invalid, if charges billed to your Payment Source are declined or not paid, or if you fail to pay charges for a paid version of BananaDesk when due, your account may be downgraded, suspended or cancelled, at our discretion. If your account is suspended, we may, but are not obligated to, maintain your account and/or related content and information, in order to allow you pay the past due charges and restore your account. If the charges are not paid, your account may be cancelled.
    • Unless stated to the contrary, all charges for paid versions of BananaDesk are non-refundable, even if your use of that paid version is cancelled before the end of your current billing period.
    • Unless stated to the contrary, all currency references in paid versions of BananaDesk are in U.S. dollars.
    • If you subscribe to BananaDesk on an annual basis, your payment of the Service Fee for the initial annual term is due on the Effective Date specified in your Paid Plan upgrade screen. Payment of the Service Fee for each annual term thereafter is due in advance on the first day of each such annual term. We will invoice you for such Service Fees and you will pay each such invoice within thirty (30) days of its date.
    • If you subscribe to a Paid Plan Service on a monthly basis, your payment of the Service Fee for the initial monthly term is due on the Effective Date specified in your upgrade screen. Payment of the Service Fee for each monthly term thereafter is due in advance on the first day of each such monthly term. The Service Fee will be paid to us via your Payment Source. We will not initiate your paid BananaDesk service monthly subscription until we receive payment of the Service Fee for the initial monthly term in full.
    • In addition to any other remedies available to us, you will pay a late fee of one and one-half percent (1.5%) per month (or the maximum amount permitted by law, whichever is less) for any late payments hereunder.
    • As between you and us, you will, in addition to the other amounts payable to us, pay all sales and excise taxes and other taxes, federal, state, provincial, or otherwise, as well as customs duties where applicable, however designated, which are levied or imposed by reason of any transaction pursuant to the Terms, other than those taxes based on the income of SafeHostel. You will pay to us an amount equal to any such taxes or duties actually paid, or required to be collected or paid, by us.
  7. Upgrades and Downgrades.
    • We may make available the ability for you to voluntarily upgrade or downgrade your account between free or paid versions and/or different service levels of BananaDesk. In addition, we reserve the right to downgrade your account if you fail to pay charges for a paid version of BananaDesk when due or if you cancel your account for a paid version of BananaDesk without requesting that we delete your account completely.
    • If your account is upgraded from a free version of BananaDesk to a paid version of BananaDesk, your Payment Source will be automatically billed for that paid version of BananaDesk.
    • If your account is upgraded to a service level of a paid version of BananaDesk for which the charges are greater than your current service level, your Payment Source will be automatically billed the new amount due at the start of the next payment period, including any prorated amount for a partial billing period.
    • If your account is downgraded from a paid version of BananaDesk to a free version, or your account is downgraded to a service level of a paid version for which the charges are less than your current service level, you will not receive a refund of the difference in the charges due for the balance of your current billing period.
    • If your account is downgraded from a paid version of BananaDesk to which a discount is applied (including but not limited to a term or volume discount) to a paid version to which a lesser or no discount is applied, we may bill your Payment Source to recover the amount of the difference in the charges due retroactive to the first date the discount was applied.
    • Upgrading or downgrading your account between different versions or service levels of BananaDesk may result in changes to the features and functionality available to you. Further, downgrading your account may result in some or all of the content and information relating to your account being no longer available to you and/or being deleted by us. We will have no liability for content or information that is no longer available to you or that is deleted due to the downgrading of your account.
  8. Cancellation and Termination.
    • If you voluntarily cancel a paid version of BananaDesk before the end of your current billing period, your cancellation will take effect upon our receipt and processing of your cancellation request.
    • We, in our sole discretion, may terminate your passcode and/or account and remove and discard any content within BananaDesk for any reason, including and without limitation lack of use, or if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms or Privacy Policy. In such event, any contracts, verbal or written or assumed, in conjunction with your account and all its parts, at our discretion, will be terminated as well.
    • We, in our sole discretion and at any time, may discontinue providing BananaDesk, or any part thereof, with or without notice. Any termination of your access to BananaDesk under any provision of the Terms may be effected without prior notice. We may immediately deactivate or delete your account, as applicable, and all related information and content. We reserve the right to bar any further access to such information or content or BananaDesk services and web properties. We will not be liable to you or any third party for any termination of your access to BananaDesk.
    • After cancellation or termination of your account for any reason, you will no longer have access to your account and all information and content in your account, or that you have stored on BananaDesk, may be deleted by us. We will have no liability for information or content that is deleted due to the cancellation or termination of your account for any reason.
    • If you subscribe to BananaDesk Paid Plan Service on an annual basis, your subscription will commence on the Effective Date specified in your BananaDesk Paid Plan upgrade screen and will remain in full force and effect for an initial term of one (1) year, after which it will automatically renew for subsequent terms of one (1) year each unless terminated earlier by you or by us. You may terminate your BananaDesk Paid Plan Service annual subscription only at the end of a full annual term, by giving us at least thirty (30) days advance written notice of such termination.
    • If you subscribe to a BananaDesk paid plan on a monthly basis, your subscription will commence on the Effective Date specified in your BananaDesk Paid Plan upgrade screen and will remain in full force and effect for an initial term of one (1) month, after which it will automatically renew for subsequent terms of one (1) month each unless terminated earlier by you or by us. You may terminate your BananaDesk paid plan monthly subscription by giving us at least ten (10) days advance written notice of such termination.
  9. Content and Content Licenses.
    • We do not claim ownership over the content you post on BananaDesk. After posting your content, you continue to retain your ownership of your content and you continue to have the right to use and license your content in any way you choose. But by using BananaDesk, you are granting us a nonexclusive, worldwide, royalty-free, sub-licensable, and transferable right and license to use, reproduce, create derivative works of, distribute, publicly perform and publicly display your content, subject to any restrictions on such distribution which you may implement through any content distribution controls provided to you by us as part of BananaDesk. This license ends when you delete your content or your account (except to the extent that your content has been shared with others or syndicated to third parties and they have not deleted it). You may always decline to submit content to BananaDesk, but please be aware that your decision may prevent you from being able to use all or portions of BananaDesk.
    • You acknowledge that we do not pre-screen content, but that we will have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via BananaDesk.
    • You will evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content and you understand that all content is the sole responsibility of the person from which such content originated. This means that you, and not us, are entirely responsible for all content that you upload, post, transmit or otherwise make available via BananaDesk. We do not control the content posted via BananaDesk and, as such, do not guarantee the accuracy, integrity or quality of such content.
    • You represent that you own, or have the necessary permissions to manage, and authorize the use of, your content. You may not imply that your content is in any way sponsored or endorsed by us.
    • You may expose yourself to liability if, for example, your content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false or intentionally misleading; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
    • You understand that by using BananaDesk, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via BananaDesk.
    • We may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Privacy Policy; (c) respond to claims that any content violates the rights of any third party; or (d) protect the rights, property, or personal safety of us, our users and the public.
    • The technical processing and transmission of BananaDesk, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
  10. Additional Software Terms and Conditions.
    • With respect to any additional software that may be made available by us in connection with BananaDesk, if you elect to download or access such additional software through the Internet, you understand that you may have to agree to additional terms and conditions before you use such software.
    • You also may be subject to additional terms and conditions that may apply when you use affiliated or other SafeHostel services, third-party content or third-party software.
  11. Interstate and International Use.
    • In using BananaDesk to send electronic communications, and as a result of our network architecture and business practices and the nature of electronic communications in general, you acknowledge that your communications may constitute interstate or international communications and/or data transmissions regardless of where you are physically located at the time of transmission.
    • BananaDesk is hosted in the United States. If you use BananaDesk from outside of the United States, you are voluntarily transferring information (potentially including personally identifiable information) and content to the United States and agreeing that our collection, use, storage and sharing of your information and content is exclusively subject to the laws of the United States, not of the jurisdiction in which you are located.
    • You will comply with all United States laws, rules and regulations applicable to the export of products, services, software and technical data regardless of the jurisdiction in which you are located.
  12. Advertising and Advertisers.
    • BananaDesk may include advertisements. We reserve the right to include advertisements in different versions and/or in different service levels of BananaDesk at our discretion.
    • Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through BananaDesk, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on BananaDesk.
  13. Links.
    • BananaDesk may provide, or third parties may provide, links to other content, products, services or Web properties, which are not owned or operated by us. Because we have no control over such content, products, services or Web properties, we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. We will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, services or Web properties.
  14. Resale of BananaDesk.
    • You will not reproduce, duplicate, copy, sell, resell or exploit any portion of BananaDesk, use of BananaDesk, or access to BananaDesk without the express permission by SafeHostel.
  15. Confidential Information and Proprietary Rights.
    • The information, content, graphics, text, sounds, images, buttons, trademarks, service marks, trade names and logos ("Materials") contained in this Site are protected by copyright, trademark, database right, sui generis right and other intellectual property laws under national laws and international treaties. SafeHostel or its licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Materials, software, products or services obtained from us. Other than expressly provided herein, nothing in these terms and conditions shall be construed as inferring by implication or otherwise any license or right under any copyright, trademark, database right, sui generis right or other intellectual property or proprietary interest of SafeHostel, its licensors or any third party. Any persons breaching any of this provision will be prosecuted.
    • Content contained in sponsor advertisements or information presented to you through BananaDesk or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you will not modify, rent, lease, loan, sell, distribute or create derivative works based on BananaDesk, any necessary software used in connection with BananaDesk, or any advertiser's content, in whole or in part.
    • We do not want to receive confidential or proprietary information from you through BananaDesk or by email. Unless otherwise agreed in writing by an authorized SafeHostel representative, any material, information or idea you transmit to us by any means may be disseminated or used by us or our affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to content or to your personal information that is subject to the Privacy Policy.
  16. Notice of and Procedure for Copyright Infringement
    • We respects other’s intellectual and proprietary rights. In accordance with the Digital Millennium Copyright Act, SafeHostel has designated a Copyright Agent to receive notice of claims of alleged copyright infringement on BananaDesk. If you believe that your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on BananaDesk or on sites linked to or from BananaDesk, please send SafeHostel’s Designated Agent a notice containing the following elements:
    • a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;
    • b) A description of the copyrighted work(s) that you claim is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the URL of website where the copyrighted work(s) is/are lawfully published; the name, edition and page(s) of a book, etc.);
    • c) A description of where the material that you claim is/are infringing is/are located on BananaDesk, such as the URL of the webpage or screenshot within a mobile app, so that we can locate the material;
    • d) Your address, telephone number and email address;
    • e) A statement that you have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and
    • f) A statement by you, under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
    • Send the notice containing the above information to the following Designated Agent:
    • Name of Designated Agent: Tara M. Aaron
    • Mailing Address:
    • Aaron Sanders PLLC
      11 Lea Avenue, Suite 606
      Nashville, TN 37210
    • Telephone number: (615) 734-1122
    • Fax number: (615) 250-9807
    • E-mail Address: tara@aaronsanderslaw.com
  17. Warranties, Disclaimers and Limitations of Liability.
    • BANANADESK AND ALL ITS CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. WE MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF GUEST WRITE-UPS AND HOSTEL INFORMATION, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH BANANADESK OR ITS CONTENT. WE FURTHER DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM SAFEHOSTEL OR BANANADESK SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
    • WE DISCLAIM ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF YOU OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.
    • WE FURTHER DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF BANANADESK AND ITS CONTENT. YOUR USE OF BANANADESK AND ITS CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.
    • WE ALSO DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY HOSTELS, HOSTEL MANAGERS, GUESTS, OR OTHER USERS ON BANANADESK. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH HOSTELS, GUESTS, AND OTHER USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH WE RESERVE THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM.
    • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
    • OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, BY YOU TO US IN CONNECTION WITH BANANADESK IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US$100.00.
  18. Resolution of Disputes.
    • If a dispute arises between you and us, our goal is to resolve such dispute quickly and cost effectively. Accordingly, you and SafeHostel agree that we will resolve any claim or controversy at law or equity that arises between us out of the Terms or BananaDesk services (a “Claim”) in accordance with this section, entitled “Resolution of Disputes.” Before resorting to these alternatives, you agree to first contact us directly to seek a resolution.
    • a. The agreement and your use of BananaDesk are governed in all respects by the laws of the State of Florida without giving effect to any principle that may provide for the application of the law of another jurisdiction. You agree that any claim or dispute you may have against SafeHostel must be resolved by a court located in Miami Dade County, Florida, or as described in the Arbitration paragraph below. You hereby submit to the personal jurisdiction of the courts located within Miami Dade County, Florida for the purpose of litigating all such claims or disputes. Use of BananaDesk is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms, including without limitation to this paragraph. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO SAFEHOSTEL MUST BE COMMENCED WITHIN 30 DAYS AFTER IT ARISES, OR THE CAUSE OF ACTION IS BARRED.
    • b. For any claim arising between you and us (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written entries, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.
    • c. Should you file a claim contrary to this section entitled “Resolution of Disputes,” we will be entitled to recover attorneys’ fees and costs up to $2,000, provided that we have notified you in writing about the improperly filed claim, and you have failed to promptly withdraw the claim.
  19. Indemnity.
    • You agree to indemnify and hold SafeHostel, its owners, affiliates, any related companies, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of BananaDesk, (ii) your violation of the Terms, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of SafeHostel. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
  20. United States Government Restricted Rights.
    • If you are an agency of the United States Government, BananaDesk is a "Commercial Item," as that term is defined at 48 C.F.R. Section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to the United States Government (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All unpublished rights are reserved under the copyright laws of the United States. For purpose of any public disclosure provision under any law, it is agreed that BananaDesk is a trade secret and proprietary commercial product and not subject to disclosure.
  21. Unauthorized Access.
    • We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
  22. Investigations.
    • We are under no obligation to monitor BananaDesk, its content, your content, or third-party content. However, we reserve the right to investigate possible violations of the Terms, block users, accounts, profiles, SafeHostel Network write-ups, or any other content from BananaDesk, and refer matters to law enforcement authorities for further investigation. We may disclose information to third parties, including your content, in accordance with our Privacy Policy.
  23. Feedback.
    • By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties; (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (iii) we may have something similar to the Feedback already under consideration or in development; and, (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
  24. Miscellaneous.
    • a. No agency, partnership, joint venture, or employment is created as a result of the Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.
    • b. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or postings on this website.
    • c. The Terms contain the entire agreement between you and us regarding the use of BananaDesk, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
    • d. Any failure on our part to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
    • e. If any part of these Terms is determined to be invalid or unenforceable, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
    • f. The Terms are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
    • g. The section titles in the Terms are for convenience only and have no legal or contractual effect.
    • h. On occasions, we may supply statistics about, but not limited to, guests, hostels, hostel managers, regions, and tourism to third parties such as hostels, other agents, organizations, or groups conducting research in this market segment. These statistics never contain personally identifying information.
  25. Contact and Violations.
    • Please contact us with any questions regarding the Terms. Please report any violations of the Terms to our legal department by contacting us.
  26. Marks.
    • BananaDesk, BananaDesk.com, the BananaDesk logo, the BananaDesk ‘banana man’ character, SafeHostel, SafeHostel.com, the SafeHostel logo, and the SafeHostel ‘backpacker’ character are proprietary service marks of SafeHostel LLC.