Terms of Service

Effective Date: January 1, 2024

These Terms of Service ("Terms") govern your use of the Bananza Games website and services. By accessing or using our website, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing, browsing, or using the Bananza Games website ("Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Service.

These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

Bananza Games is a gaming community platform that provides:

  • Game reviews, guides, and strategy content
  • Community discussions and user-generated content
  • Gaming news and information
  • Tools and calculators for game optimization
  • Educational content about gaming

We reserve the right to modify, suspend, or discontinue the Service at any time with or without notice.

3. User Conduct

You agree not to:

  • Use the Service for any unlawful purpose or to solicit unlawful acts
  • Post or transmit any content that is offensive, inappropriate, or harmful
  • Harass, abuse, or harm other users
  • Attempt to gain unauthorized access to our systems
  • Upload viruses or other malicious code
  • Spam or send unsolicited messages to other users
  • Infringe on intellectual property rights of others
  • Impersonate any person or entity
  • Collect personal information of other users without consent

4. Intellectual Property Rights

Our Content

The Service and its original content, features, and functionality are owned by Bananza Games and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Third-Party Content

All game titles, characters, names, marks, emblems, and images are property of their respective owners, including Nintendo Co., Ltd. We do not claim ownership of any third-party intellectual property.

User Content

By posting content to our Service, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, modify, and display your content in connection with the Service.

5. Copyright and DMCA Policy

We respect intellectual property rights and expect our users to do the same. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA).

If you believe your copyrighted work has been infringed, please contact us at:

Email: [email protected]

Include the following information in your notice:

  • Description of the copyrighted work you claim has been infringed
  • Description of where the infringing material is located on our site
  • Your contact information
  • A statement of good faith belief that the use is not authorized
  • A statement that the information is accurate and you are authorized to act
  • Your physical or electronic signature

6. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information when you use our Service. By using our Service, you agree to the collection and use of information in accordance with our Privacy Policy.

Please review our Privacy Policy, which also governs your use of the Service, to understand our practices.

7. Disclaimers

No Warranty

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We make no representations or warranties of any kind, express or implied, regarding the operation of our Service or the information, content, or materials included.

No Affiliation

Bananza Games is an independent fan community and is not affiliated with, endorsed by, or connected to Nintendo Co., Ltd. or any other game developers or publishers mentioned on our site.

Content Accuracy

While we strive to provide accurate and up-to-date information, we make no guarantees about the accuracy, completeness, or reliability of any content on our Service.

8. Limitation of Liability

In no event shall Bananza Games, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses.

Our total liability to you for all claims arising out of or relating to the Service shall not exceed the amount you paid to us in the past 12 months, or $100, whichever is less.

9. Indemnification

You agree to indemnify and hold harmless Bananza Games and its affiliates, officers, agents, employees, and partners from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Any content you post or submit through the Service

10. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including if you breach these Terms.

Upon termination, your right to use the Service will cease immediately. All provisions of these Terms that by their nature should survive termination shall survive termination.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration or in the courts of competent jurisdiction in the United States.

12. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

14. Contact Information

If you have any questions about these Terms, please contact us:

Acknowledgment

By using our Service, you acknowledge that you have read these Terms of Service and agree to be bound by them. These Terms constitute the entire agreement between you and Bananza Games regarding the use of the Service.