Terms of Service
Services (as defined below) rendered by AvatarBank are subjected to these Terms of Service with exclusion of any other terms and conditions stipulated or referred to by you, the Customer. You acknowledge that you are aware of the contents of and agree to be bound by these Terms of Service. Any new features, upgrades, variations or new packages which are added to the current Service shall also be subject to these Terms of Service. AvatarBank reserves the to right at its absolute and sole discretion to vary, modify, delete, update or suspend these Terms of Service (or any part thereof) without prior notice to you. As such, you understand and acknowledge that it is your duty to review these Terms of Service on a regular basis.
Should you breach any of these Terms of Service, AvatarBank shall have the exclusive sole and absolute right to terminate, discontinue or withdraw the provision of the Service to you. In the event of a breach by you, AvatarBank reserves its right to pursue any remedy or relief in so far as permitted by law, which includes but is not limited to injunction, damages and/or specific performance.
Description of Service
1. The services provided by AvatarBank are made available and is accessible via this website.
2. You understand and accept that your use (whether in the manner stipulated or otherwise) of the Service is at your own risk.
3. You must be 18 years or older to use the Service. Parental consent is needed or involvement shall be required in the event that you have not attained the age of 18.
4. You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. All information provided by you shall be true, accurate, current and complete.
5. You are responsible for keeping your password secure. You are responsible for maintaining the confidentiality of the password and account and are solely and fully responsible for all activities that occur under your password or account, whether or not you have authorized such activities or actions. AvatarBank cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
1. AvatarBank reserve the right to modify, suspend or terminate the Service for any reason, without notice at any time. AvatarBank shall not be liable to you or any third parties should AvatarBank exercise our right to modify, suspend or terminate the Service or any part thereof.
2. AvatarBank reserve the right to refuse to provide the Service to anyone for any reason at any time.
3. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory including but not limited to implied warranties of merchantability and fitness of particular purpose.
4. You expressly understand and agree that AvatarBank shall not be liable for any direct, indirect,incidental, special, consequential or exemplary damages, or damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
5. In no event shall AvatarBank or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party or your use of the Service and/or our site.
6. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because AvatarBank have no control over such sites and resources, you acknowledge and accept that AvatarBank is not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), advertising, products or other materials on or available from such sites or resources.
As such, you also acknowledge and accept that AvatarBank does not and is not obligated to examine, evaluate or screen any of these external resources and does not warrant or endorse any of the information, content, offers or claims of these third parties. You further acknowledge and agree that AvatarBank shall 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, goods or services available on or through any such site or resource.
7. You agree not to alter, modify, reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by AvatarBank.
8. All trademarks, service marks, trade names, logos and icons (collectively 'Trademarks') displayed on our site are registered and unregistered Trademarks of AvatarBank and others.Nothing contained in our site should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trademark displayed on our site without the written permission of AvatarBank or such third party that may own the Trademarks displayed on our site. Your use of the Trademarks displayed on our site, or any other content on our site, is strictly prohibited.
9. The entire content of this site which consists of inter alia text, video (of any format, streaming or otherwise), audio clips (of any format, streaming or otherwise), data assemblages, graphics, logos, buttons, icons and any software (the “Site Content”) is proprietary to AvatarBank or its content provider or other third parties and is protected under international and domestic copyright laws. The arrangement and / or compilation of the Site Content is proprietary to AvatarBank and is protected under international and domestic copyright laws.
10. Verbal or written abuse of any kind (including but not limited to threats of abuse or retribution and defamatory statements) of any AvatarBank customer, AvatarBank employee, member, or officer will result in immediate account termination.
11. The failure of AvatarBank to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and AvatarBank and govern your use of the Service, superseding any prior agreements between you and AvatarBank (including, but not limited to, any prior versions of the Terms of Service).
12. Questions about the Terms of Service should be sent to support at AvatarBank dot com.
YOU AGREE not to use the Service to:
1. Upload, post (including but not limited to attachments), email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. Harm minors in any way;
3. Impersonate any person or entity, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. Manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. Email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. Email, transmit or otherwise make available any Content that infringes any rights of any party;
7. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, 'junk mail,' 'spam,' 'chain letters,' 'pyramid schemes,' or any other form of solicitation, except in those areas that are designated for such purpose;
8. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
10. Intentionally or unintentionally violate any applicable law, any rules of any national or other securities exchange, including, and any regulations having the force of law;
11. 'Stalk' or otherwise harass another; and/or
12. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the above paragraphs.
YOU ACKNOWLEDGE that AvatarBank may or may not screen or pre-screen Content,but that AvatarBank and its designees shall have the right (but not the obligation) in their sole discretion to screen, pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, AvatarBank and its designees shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by AvatarBank or submitted to AvatarBank in all other parts of the Service.
YOU ACKNOWLEDGE, consent and agree that AvatarBank may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
1. Comply with legal process;
2. Enforce these Terms of Service;
3. Respond to claims that any Content violates the rights of third parties;
4. Respond to your requests for customer service; or
5. Protect the rights, property or personal safety of AvatarBank, its users and the public.
YOU UNDERSTAND that the technical processing and transmission of the Service, including your Content, may involve:
1. Transmissions over various networks; and
2. Changes to conform and adapt to technical requirements of connecting networks or devices." %}
YOU UNDERSTAND that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by AvatarBank and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Payment and Acceptance of Service
1. In consideration of the provision of the Service made available by AvatarBank, payment monies in the currency specified, in accordance with the prevailing exchange rate (the “Price”), shall be made by you to AvatarBank in the manner specified and made available to you.
2. Unless credit terms have been expressly agreed to by AvatarBank, payment for the Service shall be made in full before the performance of the Service.
3. AvatarBank reserves the right to deny payments from suspicious buyers. In the event that an order or payment is tagged as being suspicious, delivery of item(s) will be delayed until AvatarBank can successfully verify its legitimacy, be it by phone or a request for verifying information. The determination of what amounts to suspiciousness shall be at the sole and absolute discretion of AvatarBank. You acknowledge and accept that under the laws of certain jurisdiction, AvatarBank may be obligated to report any suspicious transactions to the relevant authorities.
4. Unless you notify AvatarBank to the contrary on the day of delivery and such notification is confirmed by email, the Service shall be deemed to have been accepted by you as being in good order and in accordance with the terms and conditions under which the Service is offered by AvatarBank.
5. You undertake to make all payments promptly and in accordance with any rules, regulation or guidelines issued by AvatarBank from time to time and shall not be entitled to withhold payment of all or any of the Price.
6. All sales and/or transactions are final. Products and services that have been delivered are strictly non-refundable.
Modifications and Termination of Service
1. You acknowledge that AvatarBank reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that AvatarBank will not be liable (either expressly or impliedly) to you or to any third party in damages, compensation, costs or otherwise under any written law, common law or legal theory for such modification, suspension or discontinuance of the Service.
2. The Price listed for the Service or for any other services that is provided by AvatarBank on or through this website shall be subject to change at any time without prior notice.
3. AvatarBank shall not be liable (either expressly or impliedly) to you or to any third party in damages, compensation, costs or otherwise under any written law, common law or legal theory for the change in the prices listed.
Registered names and trademarks are the copyright and property of their respective owners. All items are the sole property of their respective owners.