TERMS AND CONDITIONS
Welcome to Bangerz Army!
These are the terms and conditions for:
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR SERVICES.
ACCEPTANCE OF TERMS
This Agreement sets forth legally binding terms for your use of Bangerz Army. By using Bangerz Army, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse Bangerz Army website) or you are a “User” (which means that you have registered on Bangerz Army as a user and purchased a subscription or product). If you do not accept the terms of this Agreement, you should leave Bangerz Army websites and discontinue use of the platform immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on Bangerz Army. You agree to be bound by any modification to this Agreement when you use Bangerz Army after any such modification is posted; it is therefore important that you review this Agreement regularly.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the website does not violate any applicable law or regulation. Company may, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the services and the website is revoked in such jurisdictions.
You may use the platform and services only if you can form a binding contract with Bangerz Army, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
The use of this website for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our platform and services. It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child.
The services may not be available to any Users previously removed by Bangerz Army. By using the platform and services, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.
Bangerz Army offers through this website:
- Subscription based digital music for professional DJs
- Audio & Marketing Services
Bangerz Army is a LEGAL MP3 music resource for professional DJs Only (Radio, Club and Mobile).
Bangerz Army is a registered company, operates websites, provide DJ records, gear, clothing, music consulting, artist promotion and provides digital records primarily for music industry professionals. Our digital record pool (“Service”) will deliver promotional music and information (“Material”) regarding artists and labels through our website worldwide primarily to authorized music industry and non-broadcast/non-resale professionals and promoters. As applicable, for use only in ICE DIRECT performance and mechanical rights for promotional purposes.
The digital music will be available, once payment has been made. The library access is immediate. If you have problems listening to the music, please contact us through the contact information.
For more information about our services, please contact us, through our contact page, our customer service team will be attentive and available to answer your questions and concerns.
PLACING AN ORDER (SUBSCRIPTIONS AND PRODUCTS)
When you place an order for a subscription or product, you are offering to buy the subscription or product for the advertised price declared on the website, in accordance with the features offered on Bangerz Army website. Please check the price and characteristics of the subscription or product before placing an order.
When a website user with the intent to purchase a subscription or product on the website, places an order online, Bangerz Army will send that user an email to confirm that the order for the subscription or product purchased has been received. This email confirmation will be produced automatically so that the user has confirmation of their subscription or product details.
Bangerz Army may cancel any sale and not supply services if it is reasonable to do so and may change or discontinue the availability of the subscriptions or products at any time at its sole discretion. If an order is cancelled, any payment made for the subscription or products will be refunded in full. This does not affect your Statutory Rights.
Subscription may include automatic recurring payments for periodic charges. You authorize Bangerz Army to renew your subscription and to be charged periodically and progressively. The Subscription Billing Date” is the date when you purchase your first subscription. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration.
Bangerz Army reserves the right to determine pricing for Subscriptions’ and products. Bangerz Army will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Bangerz Army may change the fees for any subscription, including additional fees or charges. Bangerz Army, at its sole discretion, may make promotional offers with different features and different pricing to any of Bangerz Army users.
All payments to Bangerz Army are handled securely. Subscriptions and products will be paid through “Stripe” (payment platforms available on Bangerz Army).
Payment will be debited from your credit card or debit card, immediately on you placing the order for the subscription or product you have purchased. Upon processing a transaction, we will issue you with an electronic transaction receipt which will be sent to the email address you provide.
The subscription will be active, and will show when the next payment date is. You can cancel the subscription at any time.
The “Satisfied or Refunded” period is 7 days after the first purchase.
LICENSE TO USE THE WEBSITE
Bangerz Army gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Bangerz Army as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Bangerz Army, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
The User agrees not to use the platform and the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of the Bangerz Army website or third parties.
To access and make use of the services available on the Bangerz Army website, you must first create an Account with a username and password (the “Account”). You may not share your password with anyone. You must always provide accurate current and complete information to Bangerz Army. You must update such information in a timely manner to maintain its accuracy and completeness. Any use of the platform through your Account will be deemed as being used by you. Bangerz Army is entitled to rely on the contact and other information that is supplied to us through your Account. Your account is non-transferable and non-assignable.
If you open an Account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these terms, and that you agree to these terms on the entity’s behalf. By connecting to Bangerz Army with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may control your User profile and how you interact with the Service by changing the settings in your account. By providing Bangerz Army your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
By registering on Bangerz Army, typing your email, you explicitely accept to receive offers, content, informations on your mail address.
ACCOUNT AND SECURITY
If you register on Bangerz Army website, you will be required to choose a password and username, and you may be asked for additional information regarding your account, such as your e-mail address and name. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Bangerz Army of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from Bangerz Army. Bangerz Army will not be liable for any loss or damage arising from your failure to comply with this Agreement.
ACCOUNT DELETION AND TERMINATION
The users may terminate their Accounts any time, for any reason, by following the instructions on Bangerz Army. That termination will only result in the deletion of the Account and the deletion of all the personal data granted to Bangerz Army.
Bangerz Army reserves the right to terminate your Account or your access immediately, with or without notice to you, and without liability to you, if Bangerz Army believes that you have breached any of these terms, furnished Bangerz Army with false or misleading information, or interfered with use of the platform, website or the service by others.
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
RESALE OF SERVICES
Users may not resell any portion of the content or the functionality of the platform, to any other party without prior written permission from Bangerz Army, which may be granted or withheld in Bangerz Army sole discretion.
All content included on this website, such as text, graphics, logos, button icons, images, video, data compilation, and software, is the property of Bangerz Army, its merchants, or its content suppliers and protected by UK and international copyright laws. The compilation of all content on this site is the exclusive property of Bangerz Army and protected by UK and international copyright laws. All software used on this site is the property of Bangerz Army or its software suppliers and protected by UK and international copyright laws.
You have no authorization to copy, transmit, distribute, display, republish, post, or upload from our website in any way without our prior written approval, or stated otherwise on our site. You may print a copy of our site’s content strictly for personal use only. By doing so, you also consent not to directly or indirectly change or remove any copyright, trade name, service mark, trademark, or any other proprietaries shown on any of our content. Any alterations or use of content outside the guidelines of this Terms and Conditions violates intellectual property rights. By accessing our website, you do not own any rights or titles to our content or other intellectual properties.
THE MUSIC WORKS LICENCE
1. Who is this licence for?
Our licence offers coverage for download services (from mp3 to high definition) and streaming services for Worldwide Professional DJs.
2. Which countries does the licence cover?
Our licence is a multi-territory which covers the following countries in the European Economic Area (EEA) including Switzerland and the United Kingdom, Central and Eastern Europe (CEE) and the Middle East and North Africa (MENA).
- Territories: France, Switzerland, Belgium, United Kingdom, Germany, Italy (incl. Vatican City), Spain, United Arab Emirates, Ireland, Sweden, Channel Islands, Cyprus, Gibraltar, Malta, Andorra, Austria, Denmark, Estonia, Finland, Greece, Iceland, Latvia, Liechtenstein, Luxembourg, Monaco, Netherlands, Norway, Portugal, San Marino, Afghanistan, Albania, Algeria, Bahrain, Bosnia-Herzegovina, Bulgaria, Croatia, Czech Republic, Djibouti, Egypt, Hungary, Iran, Iraq, Israel, Jordan, Kosovo, Kuwait, Lebanon, Libya, Lithuania, Macedonia, Mauritania, Montenegro, Morocco, Oman, Pakistan, Palestine Territories, Poland, Qatar, Romania, Saudi Arabia, Serbia, Slovakia, Slovenia, Somalia, Sudan, Syria, Tunisia, Turkey, Western Sahara, Yemen.
The Repertoire and Rights Included
3. Which rights are included in the licence?
When music is made available to stream or download online, there are a number of rights exploited that need to be cleared by way of a licence.
- Mechanical rights are exploited any time a copy of a work is made, for example where a song is downloaded, or temporarily cached for streaming.
- Communication to the public (also known as performing) rights are exploited whenever a work is transferred digitally to a user, for example when a work is streamed by a user or transferred digitally to be stored as a download.
Our licence includes the mechanical and performing rights.
4. What is the Core repertoire?
Our Core repertoire is the repertoire licensed directly on a multi-territory basis, as an agent for several rightsholders. In general, this includes the repertoire of PRS, GEMA, STIM, IMRO, MCPS, independent publishers that have joined up with PRS’ multi-territory initiative, as well as additional publishers directly affiliated with ICE (Peer, Downtown and Concord).
In addition and through the reciprocal agreements with collection societies around the world, GEMA, PRS, STIM, IMRO and MCPS are able to offer residual blanket repertoire in their home territories (UK, Ireland, Germany, Sweden, Malta, Cyprus and Gibraltar) which is also licensed directly.
Bangerz Army respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Bangerz Army website infringe upon your copyright or other intellectual property right, please send the following information to:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
- A statement specifically identifying the location of the infringing material, with enough detail that Bangerz Army may find it on the Bangerz Army Site. Please note: it is not sufficient to merely provide a top-level URL.
- Your name, address, telephone number and e-mail address.
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Users include, but are not limited to, Program Directors, Music Directors, Production Directors and Mixers of licensed radio stations, as well as college radio, satellite, internet, club, and mixshow DJs. Information provided by potential users shall be verified. Upon verification, the user will have access to the Bangerz Army Service. Users shall be required to have and maintain an e-mail address on file with Bangerz Army.
Certain features of the website may permit users to upload content, including social media posts and other content which may be comprised of messages, reviews, text, and other types of works (“User Content”) and to publish User Content on the website. You retain any Copyright that you may hold in the User Content that you post to the website. Nevertheless, we need certain permission from you in order to publish the content.
LICENSE GRANT TO BANGERZ ARMY
By providing User Content to or via the Service, you grant Bangerz Army a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
In ANY CASE the licence would be extended to REMIX, EDIT or SHARE the Materials. All our files are registered and/or digitally watermarked.
In the event that we (or one of our partners) find a copyright infringement, you will be directly exposed to legal actions.
Except as set forth here, no interest, title, rights or license to any software, documentation, hardware, or any intellectual property embodied or used in connection with the Materials, or the website is transferred to you. Use of and Account membership in the Bangerz Army Service is void where prohibited. By using the Bangerz Army Service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Bangerz Army Service does not violate any applicable law or regulation, (d) you shall indemnify Bangerz Army against any breach or violation by you of this agreement/law.
USER CONTENT REPRESENTATIONS AND WARRANTIES
Bangerz Army disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
a) You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Bangerz Army and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Bangerz Army, the Service, and these Terms.
b) Your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate 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; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Bangerz Army to violate any law or regulation.
c) Your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
d) Your User Content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment.
USER CONTENT DISCLAIMER
We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Bangerz Army may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Bangerz Army with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Bangerz Army does not permit copyright-infringing activities on the Service.
Any and all audio, photos, pictures, graphics, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Website (hereinafter “Your Content”) is generated, owned and controlled solely by you, and not by Bangerz Army. Bangerz Army does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility. Without prejudice to any other Terms, you must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including, without limitation, by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Website) may constitute an infringement of third party rights and is strictly prohibited.
Any such infringements may result in termination of your access to the Website, including termination of your account, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rights holder. Furthermore, Bangerz Army will terminate your access to the Website if, under appropriate circumstances, you have been determined to be a repeat infringer.
You agree to indemnify, defend and hold Bangerz Army and its affiliates, and each of Bangerz Army and its affiliates’ respective past, present and future officers, directors, agents, subsidiaries, employees, contractors, suppliers and principals, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website including, without limitation.
ACCURACY AND TIMELINESS OF INFORMATION
We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice, please consult other more reliable and accurate sources. Any use of the material provided on this website is at your own risk.
The content and information available on the website (including, but not limited to, data, information, text, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Bangerz Army or licensed to the Bangerz Army by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. Additionally, you agree not to:
- Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Bangerz Army.
- Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission.
- Violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services.
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
- Deep-link to any portion of the Services for any purpose without our express written permission.
- “Frame”, “mirror” or otherwise incorporate any part of the services into any other websites or service without our prior written authorization.
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Bangerz Army in connection with the services.
- Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content.
- Download any Content unless it’s expressly made available for download by Bangerz Army.
DISCLAIMER OF WARRANTIES
Bangerz Army will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person’s services.
Because of the nature of the Internet Bangerz Army provides and maintains The Website on an “as is”, “as available” basis and makes no promise that use of the Website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our Website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use The Website in breach of these terms you will be liable to and will reimburse Bangerz Army for any loss or damage caused as a result.
Bangerz Army will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Bangerz Army excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Bangerz Army and Bangerz Army shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- Any incorrect or inaccurate information on Bangerz Army;
- Any interruptions to or delays in updating Bangerz Army.
- The infringement by any person of any Intellectual Property Rights of any third party caused by their use of The Website or any product or service purchased through the website.
- Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
- Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
- Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from The Website, or from transmissions via emails or attachments received from Bangerz Army.
- All representations, warranties, conditions and other terms which but for this notice would have effect.
BANGERZ ARMY AND THIRD PARTIES
Bangerz Army contains Content of third-party licensors to Bangerz Army, which is protected by copyright, trademark, patent, trade secret and other laws. Bangerz Army owns and retains all rights, title and interest in the Content. Bangerz Army hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Content and any third party Content located on or available through Bangerz Army or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing Bangerz Army and using the Service.
Any dealings with third parties included within or on Bangerz Army involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Bangerz Army is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on Bangerz Army does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Bangerz Army or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on Bangerz Army is provided to you for informational purposes only. Bangerz Army encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Bangerz Army works to ensure the information on Bangerz Army is current and accurate.
The services and use of the platform may not be used in connection with any commercial purposes, except as specifically approved by Bangerz Army. Unauthorized framing of or linking to any of Bangerz Army is prohibited. Commercial advertisements, affiliate links, and other forms of content without notice and may result in termination of usership privileges.
You understand that Bangerz Army and software embodied within Bangerz Army may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Bangerz Army and/or content providers who provide content to Bangerz Army platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Bangerz Army.
Our downloads are unlimited BUT we have an Anti-Hacker/Leech system that BLOCKS the downloads if they are done in a very short amount of time.
This limit is just temporary and most of the times, the access to downloads is back few days after.
No responsibility will be accepted by Bangerz Army for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
You agree to defend and indemnify Bangerz Army from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this Agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Your use of the Bangerz Army website, platform and services.
- The purchase of subscriptions and products.
CHANGES AND TERMINATION
We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bangerz Army without restriction.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Bangerz Army website, will be settled by binding arbitration between you and Bangerz Army, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Bangerz Army are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Bangerz Army otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.
These Terms are governed by the law of UK. Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
Please contact Bangerz Army with any questions regarding this Agreement.