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Bananas Monkey, LLC (“Bananas Monkey,” “we” or “us”) knows that you care about the information we collect from you and how that information is used and shared, and this Privacy Policy describes our practices. This Privacy Policy applies to information we collect when you interact with us online, via the Bananas Monkey website, www.URLHERE.co (our “Website”), email, chat, or other electronic messages, or otherwise interact with us as described below. It does not apply to information collected by any third party (including our affiliates and subsidiaries), including through any application or content (such as advertising) that may link to or be accessible from or on this Website. By interacting with us online, you are accepting the practices described in this Privacy Policy. If you do not agree with our policies and practices, your choice is not to interact with us online. This policy may change from time to time (see What About Changes to this Privacy Policy). Your continued interaction with us online after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
What Information About Customers Does Bananas Monkey Gather?
The information we learn from customers helps us personalize and continually improve your Bananas Monkey experience. Here are the types of information we gather.
Information You Give Us: We receive and store any information you enter on our Website or give us in any other way, which might include your name, email address, shipping address, billing address, phone number, product preferences, demographic information (e.g., gender, age range), and social media information (e.g., username, profile picture). In some cases, we may also collect information you provide about others, such as when you decide to purchase and ship products to someone. We will use such information to fulfill your requests and will not send marketing communications to your contacts unless they separately opt in to receive communications from us. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features.
Surveys & Contests: From time to time our Website requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (e.g., email address, shipping address) and demographic information (e.g., gender, age range).
Information We Collect Automatically: We automatically collect and store certain types of information whenever you interact with our Website, emails, or advertisements and other content served by or on behalf of Bananas Monkey on other websites. Like many websites, we and our service providers may use cookies, web beacons, and other technologies to collect such information, which may include but is not limited to the type of browser/device/hardware you use, access times, pages viewed, your IP address, any referring links through which you access our Website, the contents of your Shopping Cart, and product purchase or return information. For more information about cookies and how to disable them, see How Are Cookies Used?
Information from Other Sources: We might receive information about you from other sources and add it to information we collect about you.
How Are Cookies Used?
Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide personalized advertisements on other websites and storage of items in your Shopping Cart between visits.
Most web browsers are set to accept cookies by default. If you prefer, you can usually prevent your browser from accepting new cookies, have the browser notify you when you receive a new cookie, or disable cookies altogether through the browser’s Help feature. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the website of its manufacturer. For more information about disabling Flash cookies, see http://www.adobe.com/products/flashplayer/security. Because cookies allow you to take advantage of some of our Website’s essential features, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you may not be able to add items to your Shopping Cart, proceed to Checkout, or use any Bananas Monkey products and services that require you to sign in to your online account. For more information about cookies, see What About Social Media Platforms and Plugins?
How Does Bananas Monkey Respond to Do Not Track Signals?
Many web browsers support Do Not Track technology, which allows you to automatically transmit a Do Not Track signal or preference to websites you visit indicating that you do not wish to be tracked. We do not currently respond to Do Not Track browser settings or signals on our Website. For more information about “Do Not Track,” please visit https://www.allaboutdnt.com.
How Does Bananas Monkey Use the Information It Receives?
We may use information about you for one or more of the following purposes:
We may also use your information to communicate with you about products, services, offers, promotions, rewards, and events that may be of interest to you. If you prefer to opt out of such communications, you can do so at any time by following the instructions provided in those communications or through the methods described under How Do I Contact Bananas Monkey?.
How Does Bananas Monkey Share the Information It Receives?
We share customer information as described below.
Aggregated or De-Identified Information: We may disclose aggregated information about our customers, and information that does not identify any individual, without restriction.
Affiliated Businesses: We work closely with affiliates of Bananas Monkey that follow practices at least as protective as those described in this Privacy Policy.
Third-Party Service Providers: We also may employ other companies and individuals to perform functions on our behalf. Examples might include fulfilling orders, delivering packages, sending postal mail and email, administering sweepstakes, analyzing data, web hosting, processing credit card payments, and providing customer service. We provide such third parties with access to personal information needed to perform their functions, but we do not authorize them to use it for other purposes.
Business Transfers: As we continue to develop our business, we might sell or otherwise transfer certain of our assets. In such transactions, customer information generally is one of the transferred business assets, and you agree that your information may be transferred in these circumstances; however, information about you remains subject to the promises made in any pre-existing Privacy Policy (unless you consent otherwise).
Protection of Bananas Monkey and Others: We release account and other personal information when we believe release is appropriate to comply with the law, to enforce or apply our Terms of Use and other agreements, to facilitate the financing, securitization, insuring, sale, assignment, bankruptcy, or disposal of all or part of our business or assets, or to protect the rights, property, or safety of Bananas Monkey, our customers, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Policy.
With Your Consent: We may also share information about you in other ways and for other purposes, with your consent.
How Secure Is Information About Me?
We use industry standard practices to protect your personal information, including use of Secure Sockets Layer (SSL) software, which encrypts information you input on our Website.
Unfortunately, no website, database, or system is completely secure, and we cannot guarantee the security of your personal information. It is important for you to protect against unauthorized access to your account and to your computer. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Be sure to sign out of your account when you are finished using a shared computer. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Website.
What Should I Know About Third-Party Advertisers and Links to Other Websites?
Our Website might include third-party advertising and links to other websites. When you click on links on our Website, they may direct you away from our Website. We are not responsible for the privacy practices of other websites and encourage you to read their privacy policies.
What About Social Media Platforms and Plugins?
We may interact with you on multiple social media platforms (e.g., Instagram, Twitter, Snapchat, Facebook). If you contact us or otherwise direct us to communicate with you via social media, we may contact you via direct message or use other social media tools to interact with you. In these instances, your interactions with us are governed by this Privacy Policy as well as the privacy policy of the social media platform you use.
Plugins and Apps: Our Website includes social media plugins, such as the Facebook Like button and Twitter widget. These plugins may be hosted by a third party and may use cookies or other tracking technologies to collect information about you such as your IP address and which page you’re visiting on our Website. Your interactions with those plugins are governed by the privacy policies of the companies that provide them. In addition, we may enable certain third-party apps to optimize the performance of the Website and our own business processes and operations. These third-party apps may have access to certain data you provide to us or that is collected about you or your use of the Website. A list of these third-party apps is provided below under Third-Party Apps, Data Collection, and Automated Decision Making, including the data that apps collect, the purpose for which the data is collected, and whether the app includes automated decision-making functionality.
Advertisements: We may display targeted advertisements to you through social media platforms. See the policies of each social media platform for additional information about these types of ads.
What Options Do I Have Related to Information About Me?
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Online Account Information
You may update, correct, or deactivate your online account at any time by logging into your account and navigating to the “My Account” page. If you choose to deactivate your online account, please note that we may retain certain information about you for legitimate business purposes or as required by law.
Promotional Communications
If you do not wish to receive promotional communications from us, you can opt out of such communications at any time by following the instructions provided in those communications or contacting us through the methods described under How Do I Contact Bananas Monkey?. Unless otherwise provided by law (such as the General Data Protection Regulation that applies to European users of the Website), this opt out does not apply to information provided to us as a result of a product purchase, product service experience, or other transactions.
Cookies
The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the website of its manufacturer. For more information see How Are Cookies Used? If you disable or refuse cookies, please note that some parts of our Website may then be inaccessible to you or not function properly.
If you are a California resident, see California Residents for additional rights you may have with respect to your personal information.
Are Children Allowed to Use Bananas Monkey?
If you are under 18, you may use Bananas Monkey only with the involvement of a parent or guardian. We do not knowingly collect personal information from children under the age of 13 without the consent of the child's parent or guardian. If we learn we have collected or received personal information from a child under the age of 13 without verification of consent of the child’s parent or guardian, we will delete that information. We do not sell products for purchase by children and all children's products we sell are for purchase by adults only.
What About Changes to this Privacy Policy?
We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on our Website. If we make changes to this policy, we will notify you that it has been updated by revising the date at the top of this policy, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. In some cases, we may provide you with additional notice (such as adding a statement to the homepage of our Website or sending you an email notification).
What About the Terms of Use?
If you choose to visit our Website, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitations on damages, resolution of disputes, and application of the law of the State of Nevada.
California Residents
If you are a California resident, the information below also applies to you. Certain terms used in this section have the meanings given to them in the California Consumer Privacy Act of 2018 (“CCPA”).
Information We Collect
Under the CCPA, “personal information” is defined as any information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). Personal information does not include:
In particular, our Website has collected the following categories of personal information from or about our users within the last 12 months:
We obtain the categories of personal information listed above from the following categories of sources (for more information see What Information About Customers Does Bananas Monkey Gather?):
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
Our Website has disclosed the following categories of personal information for a business purpose within the last 12 months (for more information see How Does Bananas Monkey Share the Information It Receives? and Third-Party Apps, Data Collection, and Automated Decision Making):
We disclose your personal information for a business purpose to the following categories of third parties:
In the preceding 12 months, the Company has not sold personal information.
Your Rights and Choices
The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct any applicable service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 45 more days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding our receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Other California Privacy Rights
A business subject to California Civil Code section 1798.83 is required to disclose to its California customers, upon request, the identity of any third parties to whom the business has disclosed personal information within the previous calendar year, along with the type of personal information disclosed, for the third parties’ direct marketing purposes. Please note that we are only required to respond to a customer request once during any calendar year, and only if we are covered by such California Civil Code section. If you are a California resident and would like to make such a request, contact us via one of the means described under How Do I Contact Bananas Monkey?. Please be aware that not all information sharing is covered by this California law and only information sharing that is covered will be included in our response. We reserve the right not to respond to requests submitted to addresses other than the addresses specified in this paragraph.
European Residents
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise any of these rights, please contact us through the methods described under How Do I Contact Bananas Monkey?.
Additionally, if you are a European resident, please note that we are processing your personal information to fulfill contracts we might have with you (for example, if you use the Website or place an order through the Website) or otherwise to pursue our legitimate business interests related to those contracts or to your use of the Website. Please also note that your personal information may be transferred outside of Europe, including to Canada and the United States. It is our understanding that the third-party data transferring services and data storage services that we use comply with the EU-US Privacy Shield framework. When you place an order through the Website, we will maintain your order information for our records unless and until you ask us to delete this information.
Third-Party Apps, Data Collection, and Automated Decision Making
We use the third-party apps listed below to operate the Website and our business. The list below summarizes the data that the apps collect or have access to and the purpose for collecting or accessing such data. We recommend that you review the privacy policy of each of the apps listed below for more detail on how each app handles the data it collects. In general, the type of personal information and data to which many of the apps have access include, where applicable: names, email addresses, phone numbers, physical addresses, geolocations, IP addresses, browser user agents, product selections, script tags, and transaction and order fulfillment information.
The list below also indicates the apps that we believe include automated decision-making functionality, meaning an app that uses an automatic algorithm to decide whether a user is eligible for certain services or offers, should be charged a particular price, or is likely to be interested in certain goods or services.
Databox: Provides us with a data visualization and analytics dashboard.
Avalara AvaTax and Trustfile: Provides us with tax automation capabilities.
Beeketing Boost Sales, Upsell and Cross-Sell: Provides our customers with product recommendations based on the contents of each customer’s shopping cart. The app includes automated decision-making functionality, such as making recommendations based on your product selections and your activity on the Website.
Flexify Facebook Product Feed: Provides our customers with a product data feed through Shopify.
Facebook: Integrates our Website into user’s Facebook accounts.
Smart EU Cookie Banner, by Upsell Apps: Provides us with a cookie banner displayed on our Website.
AdNabu Google AdWords: Provides us with an embedded Google AdWords conversion and tracking pixel for our Website.
Intuit Quickbooks Online: Provides us with tax filing capabilities.
Klaviyo Email Marketing for Shopify: Provides us with functionality to send email newsletters manually, or to send messages automatically, based on user behavior. This app includes automated decision-making functionality, such as sending marketing emails based on your product purchases and your activity on the Website.
Launchpad, by Shopify: Provides us with functionality to schedule, coordinate, and execute events, such as sales, product drops, and inventory restocks, as well as tracking the success of an event as it progresses.
Smile.io: Provides us with functionality to administer customer loyalty, referral, and rewards programs.
Mavvy: Allows us to track links to and from our Website and manage our affiliate marketing programs.
Webify MetaFields Editor: Helps us store custom information with your product selections, including variants.
Eastside Stocking Alerts: Provides functionality for users to sign up for and receive automatic email or SMS alerts when select items are back in stock.
Codeinero Preorderly: Allows customers to pre-order our products.
Product Reviews, by Shopify: Provides the functionality for customers to leave product reviews.
Recart: Sends users a message when they abandon their shopping cart prior to purchase. The app includes automated decision-making functionality, such as suggesting products to users based on users’ behavior on the Website.
ShipStation: Provides a fulfillment tool for our warehouses to ship products.
Shopify and Shopify Flow: Provides us with Shopify automation capabilities. The app includes automated decision-making functionality, such as to prevent risk and fraud by merchants, to help merchants avoid fraudulent transactions from their customers, to personalize merchants’ experience when they use the Shopify admin and app store, and to determine eligibility for certain Shopify services (like Shopify Capital).
FourSixty Shoppable Instagram: Links embedded Instagram photos on our Website to the products available for purchase that are in the Instagram images.
Skubana: Serves as our primary inventory management system.
Slacky, by Highview Apps: Provides us with an order notification message via Slack whenever an order is placed on our Website.
Smart Pricr, by Ecomisoft: Allows us to test the performance of different prices for products on our Website. The app includes automated decision-making functionality, such as automatically creating split tests (A/B tests) of different pricing levels and selecting final prices based on the results of the tests.
Smart Wishlist, by Webmarked: Allows users to create a wish list of products they’re interested in, even without logging into our Website.
Social Login, by Oxiapps: Allows users to log into our Website using social media platforms, such as Facebook or Google.
Social Proof & Urgency, by Fera.ai: Creates multiple widgets and pop-ups to encourage users to shop and check out quickly.
Swatches, by Webyze: Enables color swatches for our product description pages.
Wheelio: Provides our Website with a "spin to win" pop-up that gives discounts to a certain percentage of users. The app includes automated decision-making functionality, such as automatically assigning discounts to a certain percentage of participants.
Zendesk: Provides us with a customer service helpdesk, including a chat widget on our Website.
SignifyD: Provides our Website with protection against fraudulent transactions. The app includes automated decision-making functionality, such as vetting tools to help avoid fraudulent transactions.
Searchanise: Optimizes search capabilities and analytics for user searches performed on our Website.
Give and Grow, by Pledgeling: Provides us with tools to integrate donations to non-profit causes into our Website.
Refersion: Provides us with tools to track and manage payments to third parties that refer customers to our Website.
Hotjar: Provides us with analytical tools about how users interact with our Website.
How Do I Contact Bananas Monkey?
If you would like to access, correct, amend, or delete any personal information we have about you, register a complaint, or simply want more information about our Privacy Policy, then you may contact us through our online contact form or at our mailing address:
Online Contact Form
Mailing Address
Massive Prints
2035 East Vista Bella Way,
Compton, CA 90220
For Immediate Questions or Concerns:
Customer Service Phone Number: (562) 296-1808
Available Monday-Friday from 9am-5pm PST
Bananas Monkey, LLC, and its affiliates (“Bananas Monkey,” “we” or “us”) own and operate www.BananasMonkey.com (this “Website”). Access to and use of this Website, its features and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions, and notices (the “Terms of Use”).
PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS OF USE CONTAIN AN AGREEMENT TO ARBITRATE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY OR ANY OTHER COURT PROCEEDINGS OR CLASS ACTIONS OF ANY KIND.
By accessing or using the Services, you are agreeing to all of these Terms of Use, as may be updated by us from time to time, as well as our Privacy Policy, as it may be updated by us from time to time. Please read each of them carefully. You should check these Terms of Use and our Privacy Policy regularly to take notice of any changes we may have made. Any person or entity who interacts with the Website through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Services.
Access and Use
Subject to your compliance with these Terms of Use, Bananas Monkey or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. Access to and use of the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. All rights not expressly granted to you in these Terms of Use are reserved and retained by Bananas Monkey or its licensors, suppliers, publishers, rightsholders, or other content providers.
You may use the Services only as permitted by law. The licenses granted by Bananas Monkey terminate immediately and automatically if you do not comply with these Terms of Use. We will not be liable if, for any reason, this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites that are not operated by Bananas Monkey (the “Linked Sites”); Bananas Monkey has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
You may post reviews, comments, photos, images, graphics, videos, audio recordings, and other content and submit suggestions, ideas, comments, questions, or other information (collectively “User Content”), so long as such content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. The term User Content includes, without limitation, any content you (i) submit or post on the Website or through tools or applications we provide for posting or sharing such content with us or (ii) have posted or uploaded to your social media accounts, including, but not limited to, Instagram, Twitter, Facebook, Tumblr, and Pinterest, and allowed us to feature.
If you post any User Content, and unless we indicate otherwise, then you grant Bananas Monkey a non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, and fully sublicensable and transferable right and license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use, or otherwise exploit all or any portion of the User Content, as well as your name, persona, and likeness included in any User Content and your social media account handle, username, real name, profile picture, and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media, or technology, whether now known or later developed, including, without limitation, in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales, or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms of Use or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. Bananas Monkey will be free to use any ideas, concepts, know-how, or techniques contained in such User Content for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products that incorporate or otherwise rely upon such information. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
By submitting or posting User Content, you represent and warrant that: you own or otherwise control all of the rights to the User Content that you post; the User Content is accurate; use of the User Content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and you will indemnify Bananas Monkey for all claims resulting from content you supply. Bananas Monkey reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. Bananas Monkey takes no responsibility and assumes no liability for any content posted by you or any third party.
Prohibitions
The right to access and use the Services does not include: any resale or commercial use of any Services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Services or its contents; any downloading, copying or other use of account information for the benefit of any third party; or any use of data mining, robots or similar data gathering and extraction tools.
With respect to the Services and all parts of the Services, you will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb, or any other material that is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Services; corrupt data; cause annoyance to other users; infringe upon any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a payment card or other content; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision could constitute a criminal offense and Bananas Monkey will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bananas Monkey without our express written consent. You may not use any meta tags or any other “hidden text” utilizing the Bananas Monkey name or trademarks without the express written consent of Bananas Monkey. You may not misuse the Services.
Content, Software, and Intellectual Property
All content included in or made available through any Services, such as text, graphics, logos, button icons, images, video and audio clips, digital downloads, data compilations, and all software is the property of Bananas Monkey or its content suppliers and protected by U.S. and international intellectual property laws, including, without limitation, U.S. and international copyright laws. Furthermore, the compilation of all content included in or made available through any Services is the exclusive property of Bananas Monkey and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Services are trademarks or trade dress of Bananas Monkey in the United States and other countries. Bananas Monkey trademarks and trade dress may not be used in connection with any product or service that is not a Bananas Monkey product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bananas Monkey. All other trademarks not owned by Bananas Monkey that appear in any Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Bananas Monkey. Except where expressly stated to the contrary, all persons (including their names and images), third-party trademarks and content featured on this Website are in no way associated, linked, or affiliated with Bananas Monkey, and you should not rely on the existence of such a connection or affiliation. Where reference is made to a trademark or brand name, it is used solely to describe or identify the product or service and is in no way an assertion that such product or service is endorsed by or connected to Bananas Monkey.
All intellectual property rights are reserved by Bananas Monkey and its licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or that appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Copyright Policy
Reporting Claims of Copyright Infringement
We respect the intellectual property rights of others, and we ask our users to do the same. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Our designated copyright agent to receive DMCA Notices is:
DMCA Designated Agent
Massive Prints
2035 East Bella Vista Way,
Compton, CA 90220
dmca@bananasmonkey.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Upon receipt of notices complying with the DMCA, Bananas Monkey will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING Bananas Monkey ABOUT INFRINGEMENTS OF COPYRIGHTED MATERIAL. ALL OTHER COMMUNICATIONS, SUCH AS PRODUCT- OR SERVICE-RELATED QUESTIONS AND REQUESTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Terms of Sale
You may need your own Bananas Monkey account to use certain parts of the Services, and you may be required to be logged into the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
To contract with Bananas Monkey you must be at least 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Bananas Monkey retains the right to refuse any request made by you. If your order is accepted, then we will inform you by email, and we will confirm the identity of the party with whom you have contracted. This will usually be Bananas Monkey or may in some cases be a third party. Where a contract is made with a third party, Bananas Monkey is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale that the third party supplies to you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order, and that there are sufficient funds to cover the cost of the goods. Bananas Monkey reserves the right to refuse service, terminate accounts, terminate your rights to use the Services, remove or edit content, or cancel orders in our sole discretion.
By placing an order, you are offering to purchase a product or service on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. The cost of foreign products and services may fluctuate. All prices advertised are subject to changes. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure events for which we will not be responsible.
Electronic Communications
Unless you notify us otherwise in accordance with our Privacy Policy, you consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this Website or through any other Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
International Users
The Website is controlled, operated, and administered by Bananas Monkey from its offices within the United States and is not intended to subject Bananas Monkey to the laws or jurisdiction of any state, country, or territory other than that of the United States. Although the Website may be accessed from countries around the world, Bananas Monkey makes no representation that the Website or Services are appropriate or available for use in any jurisdiction other than the United States. If you choose to access the Website from outside the United States, you do so on your own initiative and at your own risk and are responsible for complying with all local statutes, orders, regulations, rules, and other laws.
Export Policy
You agree that any purchased goods licensed or sold on the Website, which may include software and technology, and all software that is contained on the Website (including all HTML code and controls), are subject to the customs and export control laws and regulations of the United States and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. THE COPYING OR REPRODUCTION OF SUCH SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. By purchasing, downloading, or using technology or software from the Website, you agree to abide by applicable laws, rules, and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
Disclaimer of Liability
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY BANANAS MONKEY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BANANAS MONKEY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, BANANAS MONKEY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT. BANANAS MONKEY DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, BANANAS MONKEY SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM BANANAS MONKEY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULL EXTENT PERMISSIBLE BY LAW, BANANAS MONKEY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
FURTHERMORE, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
IF YOU ARE DISSATISFIED WITH THE SERVICES OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. TO THE EXTENT PROHIBITED BY LAW, THE FOREGOING SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, BANANAS MONKEY SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, OR ANY MATERIALS THEREIN, UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF BANANAS MONKEY’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.
EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND BANANAS MONKEY. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BANANAS MONKEY. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
Linking to this Website
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. This Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice in our sole discretion.
Indemnity
You agree to indemnify, defend, and hold harmless Bananas Monkey, its managers, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees and court costs) arising from, related to, or in connection with your use of this Website or your breach of the Terms of Use.
Variation
Bananas Monkey will have the right in its absolute discretion at any time and without notice to amend, remove, or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Use is unenforceable (including any provision or portion of a provision in which we exclude our liability to you), then the enforceability of any other part of the Terms of Use (including portions of provisions) will not be affected and all other clauses will remain in full force and effect. So far as possible, where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause/sub-clause will be interpreted accordingly. Alternatively, you agree that the clause/sub-clause will be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Waiver
Our failure to exercise or enforce, our partial exercise or enforcement of, or our delay in exercising or enforcing any right or remedy under these Terms of Use shall not operate as a waiver or estoppel of any right or remedy.
Disputes
These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the State of Nevada, without giving effect to any conflict of law provisions. By using any Services, you agree that any dispute relating in any way to these Terms of Use, your visit to the Website, or to any purchase, return, or other transaction with the Website will be submitted to confidential arbitration in Las Vegas, Nevada. However, if you have in any manner violated or threatened to violate any Bananas Monkey intellectual property right, Bananas Monkey may seek injunctive or other appropriate relief in any state or federal court in Las Vegas, Nevada. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms of Use shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Any claim or cause of action you may have with respect to Bananas Monkey, the Website, or the Services must be commenced within one year after the claim or cause of action arose. To the full extent permitted by applicable law, any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
Entire Agreement
These Terms of Use, including policies and information linked from or incorporated herein, such as our Privacy Policy, constitute the entire agreement between you and Bananas Monkey and supersede any and all preceding and contemporaneous agreements between you and Bananas Monkey. No provision of these Terms of Use shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. If any provision of these Terms of Use is held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms of Use without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
Contact Us
To contact us with any questions or concerns in connection with these Terms of Use or the Website, please contact us through our online contact form or at our mailing address:
Online Contact Form
Mailing Address:
Massive Prints
2035 East Bella Vista Way,
Compton, CA 90220
For Immediate Questions or Concerns:
Customer Service Phone Number: (562) 296-1808
Available Monday-Friday from 9am-5pm PST