A. By entering and using this site (the "Site") and the services available in the Site you agree to be bound by these Terms and Conditions. These Terms and Conditions are a binding agreement between you and the Site.
B. The following Terms and Conditions comprise the entire agreement between PornBanana.com and you, superseding any prior agreements between you and PornBanana.com. Please note that you may be subject to additional rules and regulations that may apply when you use specific features on the Site.
C. These Terms and Conditions contain disclaimers (including inter alia at Sections 7, 8, 9, 10 and 11) as well as exclusive remedy provisions (including inter alia at Section 9).
D. PornBanana.com may, from time to time, change the Terms and Conditions. You agree to review the Terms and Conditions and the relevant rules and regulations periodically and to be updated of such changes. In case you do not wish to remain a member due to the change in the Terms and Conditions, you may terminate your membership as provided in the Cancellation Section below. Please note that your continued use of the Site and the communications services following the changes of the Terms and Conditions constitutes acceptance of all such changes.
E. You acknowledge and agree that PornBanana.com does not and cannot control the information and content transmitted by live performers on the Site.
F. As a user of PornBanana.com you may access some parts of the PornBanana.com system, however, you are not automatically granted with all privileges regarding the PornBanana.com system and some of the features and services on the Site are not free of charge, or given for free only for a limited period of time. Some of your activities on the Site may grant you with PornBanana.com points which can be used only with respect to the Site's features and services. The number of points granted to the members and the rates of any paid service in PornBanana.com will be listed on the Site and will be disclosed prior to using them.
G. Please note that any contribution by you to PornBanana.com services will NOT grant you with any rights and/or credits to any of the Site's affiliated sites.
A. You certify that you are at least 18 years of age. You hereby agree to provide PornBanana.com with true, complete and up-to-date information regarding your registration and billing information, if needed. Any member providing PornBanana.com with information that is not true, complete and up-to-date shall face immediate termination of their accounts in PornBanana.com and is subject to civil and criminal liability.
B. Every new member chooses a password and a screen name at time of registration. Please note that you should choose your name carefully and you may not choose or use a screen name of another person, a name that is violating a third party's intellectual property rights or a screen name that is offensive or inappropriate.
C. It is clarified that PornBanana.com owns all screen names used on the Site.
D. As well you agree to provide PornBanana.com with a valid email address for the site verification purposes & for services quality assurance.
E. You are solely and entirely liable for all of the activities on PornBanana.com, conducted through your account. Please note that, as a member of the Site you may not permit any other person to use your member account. Your membership, username and password (Login), may not be assigned or transferred to any other person or entity. You must promptly inform PornBanana.com of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password.
F. Members whose account has been terminated by PornBanana.com may not access PornBanana.com services without the prior express written permission of PornBanana.com.
G. Cancellation of your account: You may cancel your account on the Site, at any time, by going to: "Account Preferences". In all cases of cancellation of your account you will remain liable for all content and contributions made by you.
H. Termination of your account: PornBanana.com reserves the right to terminate your membership at any time. In cases of termination of your account you will remain liable for all content and contributions made by you as well as other such liabilities. Furthermore, in any case PornBanana.com services are terminated or suspended it is hereby clarified that all memberships (of all kinds) are terminated immediately, without any prior notifications by PornBanana.com.
A. You hereby acknowledge that all of the information and content (in any format whatsoever) on the Site or transmitted via the communications services is licensed to PornBanana.com.
B. You understand and agree that your user account and any content that you have uploaded to the site may be displayed on this site as well as its associate sites.
PornBanana.com itself holds a copyright in respect of the compilation, arrangement and coordination of such content and information. It is clarified that PornBanana.com does not prescreen and does not hold the responsibility for the content and information published and/or displayed by contributors on PornBanana.com or on certain other features of the Site. However, PornBanana.com shall have the right to remove content (as well as to immediately disconnect members from the services on the Site, in any case PornBanana.com deems that the content or the information is harmful, offensive or otherwise violates these Terms and Conditions.)
C. All materials on the Site are proprietary, constitute valuable intellectual property, are copyrighted and are protected under treaty provisions and worldwide copyright laws. PornBanana.com materials including those transmitted by live performers may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission from PornBanana.com. By submitting content and/or information to the Site you hereby grant PornBanana.com the royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, publish, distribute, communicate to the public, and display the content and/or the information and/or to incorporate it in other works in any form, media or technology, including providing them to third party sites, for the full term of any rights that may exist in such content.
D. The names "PornBanana" and "PornBanana.com" are protected by trademark law as are other brand names on the Site.
E. Please note that some of the PornBanana.com features contain content that is inappropriate for minors. You acknowledge that PornBanana.com cannot, and does not intend to, screen information and content transmitted by contributors as well as other content on the Site, in advance. Therefore, PornBanana.com shall not be held liable for any of the content provided by members and/or contributors on the Site. However, PornBanana.com may, at its sole discretion, choose to monitor some or all, of the content.
F. It is hereby clarified that in cases PornBanana.com decides that any conduct by a member that restricts or inhibits any other member and/or contributor, person or entity from using or enjoying PornBanana.com, PornBanana.com shall immediately terminate that member's membership.
G. You are hereby committed to use the PornBanana.com systems for lawful purposes only. Under no circumstances will you use PornBanana.com services and/or your member account to do the following:
1. Promote or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, racially, ethnically or otherwise objectionable content; including, but not necessarily limited to, bestiality, incest, blood, scat, pissing, invasive of another's privacy (including without limitation any personal information, unless you hold a written consent from the owner of that personal information),extreme sado-masochism or bondage presented in a sexual context, or any presentation of minors engaged in intimate physical contact or sexual situations, acted or depicted;
2. Harass, embarrass, or cause distress, unwanted attention or discomfort upon another ,member and/or contributor and/or user of PornBanana.com or any other person or entity;
3. Disturb other members and/or contributors and/or user while on the Site;
4. Impersonate any person or entity, including, but not limited to a minor or a PornBanana.com official representative;
5. Post or transmit, or cause to be posted or transmitted on PornBanana.com services any materials advertising any business other than PornBanana.com, unless it is expressly approved by PornBanana.com.
6. Seek to obtain password, account, or private financial information from any member and/or user and/or contributor.
7. Once you upload videos and/or photos and/or links to PornBanana.com you confirm the following : 1. You have the sole responsibility for videos and/or photos and/or links you upload to PornBanana.com. You are responsible for all consequences of uploading such videos and/or photos and/or links. 2. You will not upload any videos and/or photos and/or links that depict any person under the age of 18 years and you have inspected the videos and/or photos and/or links yourself and you are maintaining written documentation sufficient to confirm that all subjects of your videos and/or photos and/or links uploaded are, in fact, over the age of 18 years. 3. You own and hold all necessary licenses, rights, copyrights and permissions to use and upload the videos and/or photos and/or links to PornBanana.com. 4. You have the written consent and permission of each and every identifiable individual in the videos and/or photos and/or links uploaded to PornBanana.com to use upload the video and/or photo and/or link to PornBanana.com.
8. You may be able to upload content to the Site, only after registration as a member and only if granted PornBanana.com permission.
As a responsible member of the cyber community PornBanana.com maintains a strict policy forbidding any third party from sending any sort of promotional emails on behalf of the site - solicited or unsolicited. This means we go beyond merely prohibiting spamming. To make things even clearer for everybody we don't let anybody else send any emails on our behalf. Moreover, PornBanana.com itself only sends emails to persons who have registered on the Site. These two policies make up our strong "anti-spam policy". We do allow members to send a very small number of emails to friends and family via the Site. Although this function is very limited, i.e., it is not possible to transmit commercial quantities of emails via this function, abuse will nevertheless not be tolerated. Abuse of this function will result in the Site causing you to cease using the Site and obtaining any of its services, and terminating your member account immediately.
Please see our anti-spam policy for further information including details of how to report violations of these policies. The Site is designed such that a user wishing to visit portions of the site potentially including adult content will be warned that he/she must be of legal age because he/she is entering an 'adult' area. The act of placing a web page (url) into a temporary file on your browser so that the you may return to that page at a future date directly, without passing through any pages that may have been precedent ('bookmarking') may under certain circumstances result in the bypass of these warnings. Use of such bookmarks constitutes agreement by you that such warnings may be bypassed. Bookmarking may also cause you to bypass links to the terms and conditions of the Site. You hereby agree that use of such bookmarks to enter into the site constitutes acceptance of the terms and conditions. You understand that certain products which may be made available or sold on PornBanana.com are not manufactured by PornBanana.com but are manufactured by others. You further understand that certain of these products which may be made available on the Site may be inappropriate for minors. You understand and agree that you will use any such products only in compliance with any manufacturer's instructions for use accompanying such products. Any warranties covering any such products are provided solely by the manufacturer(s) of such products and PornBanana.com makes no warranty of any kind with respect to any such products and hereby disclaims all warranties, express or implied, direct or indirect, including, but not limited to, all implied warranties of merchantability and fitness for a particular purpose and non-infringement, except as otherwise specified in this agreement or where such disclaimers are held to be legally invalid. 7.1. In the event that you are a developer of an Application, you hereby agree and understand that you are solely and exclusively responsible for your Application and its content and all of the uses you make of the Application and undertake that you will comply at all times with the Site's Developers Policy and/or Privacy Policy and will ensure that your Application and/or its use meets with the Developers Policy's and Privacy Policy's requirements.
7.2. It is hereby clarified that all Applications are provided solely by and are the sole responsibility of the applicable developer, and that PornBanana.com is not the provider of any such Application to you. On the Site, you are able to purchase from PornBanana.com, in accordance with these Terms and Conditions Application Credits. The Application Credits expire thirty (30) days from the date of purchase or after such shorter period as may be set out in these Terms and Conditions, at which time any funds used to purchase the Application Credits shall be forfeited to PornBanana.com and shall not be refunded. It is clarified that the Application Credits will not grant you any rights and/or credits to any of the Site's affiliated sites; and that the Application Credits are solely a payment method and does not constitute a good, service or right in itself.
7.3. You hereby acknowledge and understand that the Application is developed and operated by an independent the 3rd party Developer of the Application and that PornBanana.com has no control on the performance and/or the availability of the Application. You hereby agree that in any event of any technical malfunction of the Application and/or error, interruption, defect, or delay in operation or transmission of the Application and/or the removal or deletion of the Application and/or in any other event of any failure of performance or inaccessibility to the Application, PornBanana.com will have no liability whatsoever with respect thereto and any and all claims or disputes will be directed to the Developer of the Application who will remain solely and exclusively responsible for all matters related to his or her Application.
7.4. You hereby acknowledge and agree that PornBanana.com may remove from the Site, in its sole discretion and without providing prior notice, any Application which it determines (i) has violated any third party's right of publicity or privacy; (ii) is distributed by the developer improperly; (iii) does not comply with this Terms and Conditions, Developers Policy, Privacy Policy and/or any applicable law; (iv) infringes any copyright, trademark, or other intellectual property right of any person; (v) may create liability for PornBanana.com and/or or its Affiliates; or (vi) seems to have a virus or seems to be malware, spyware or have an adverse impact on PornBanana.com or any of its Affiliates. You hereby agree that if PornBanana.com decides to remove any Application for any of the reasons set forth in this Sub-section 7.4, PornBanana.com will have no liability whatsoever with respect thereto and any and all claims or disputes will be directed to the Developer of the Application who will remain solely and exclusively responsible for all matters related to his or her Application.


7.5. Charges, Billing and Payments:
7.5.1. PornBanana.com does not charge its users any basic fee to use the Site. However, developers may charge users for their Applications and its services, in accordance with the terms of the applicable Developers Policy. The applicable rates or the methods by which the applicable rates are determined are generally described on the Site at the location from which you enter a paying service.
7.5.2. You are able to see all of your records of Application purchase as well as the status of your Application Credits on the Site. For billing inquiries, please contact PornBanana.com at: info@PornBanana.com.
7.5.3. You may choose to purchase Application Credits through any of the payment methods listed in the payment page and in accordance with these Terms and Conditions. Credit card charges are processed via one of the PornBanana.com's third party processors (CCBill or SafeCharge), which are fully secured and guaranteed to ensure your absolute privacy and reliability in the amount charged. Please note that your bank may charge you an additional service fee in connection with the transaction. This fee is not charged by PornBanana.com. Please note that your credit card issuer agreement governs your use of your designated credit card in connection with the Site. You must refer to that agreement and not these Terms and Conditions regarding your rights and liabilities as a credit card holder. You hereby agree that PornBanana.com may, at its own discretion, accumulate your charges.
7.5.4. You are (and PornBanana.com is not) responsible for all charges associated with connecting to the Site.
7.5.5. Please note that in any case of a charge back occurring from your credit card with regard to the purchase of credits, PornBanana.com shall be entitled to cause you to cease using the Site and/or acquiring any Application, and to terminate your user account immediately. In such event, all of your Application Credits will immediately expire and be forfeited to PornBanana.com. If you have any questions regarding one or more of the transactions and/or regarding usage of the Site, please feel free to contact PornBanana.com at: info@PornBanana.com.

7.6. Refunds:
7.6.1. The basic policy of PornBanana.com (in its capacity as agent of the developers) is not to arrange for any refunds from developers to users unless specific extraordinary circumstances apply. In some cases, PornBanana.com (in its capacity as agent of the developers) may issue refunds to users that approach PornBanana.com, in the form of Application Credits.
7.6.2. NO refunds will be made by cash or check. Please note that in the case of cancellation or other closure or termination of your user account, all Application Credits will immediately expire and be forfeited to PornBanana.com, and you will not receive any refund or other reimbursement.
The Site and the communication services are provided to you "as is", "with all faults", "as available", without warranty of any kind, either express or implied and to the fullest extent possible under applicable law we specifically disclaim any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, reliability, completeness, capabilities, security, timeliness, usefulness or content of PornBanana.com services or the ability of PornBanana.com to interoperate or integrate with any third party products such as software or hardware; (ii) any warranties resulting from a course of dealing or usage of trade (iii) any warranties with regard to the accuracy or completeness of or errors in the contents or functioning of or the accuracy of the results or output that derives from the use of the Site or the communications services; (iv) any warranties of merchantability or fitness for a particular purpose; and (iv) any warranties regarding the rights and title of PornBanana.com in the Site and communications services, or any warranty that PornBanana.com services do not infringe the intellectual property rights of a third party. This disclaimer of liability applies to any damages or injury caused to you or to any third party including, without limitation, as a result of any failure of performance, bug, error, omission, interruption, deletion, defect, delay in operation or transmission, virus, communication line failure, theft or destruction or unauthorized access to, alteration, inaccessibility or loss of, or use of data, information and/or records, whether for breach of contract, tort, negligence, or under any other cause of action. We specifically do not warrant or guarantee (1) that PornBanana.com services or any portion thereof will be free of infection by viruses, or anything else manifesting contaminating or (2) that the functions performed by PornBanana.com services will be uninterrupted or error-free or that defects in PornBanana.com services will be corrected. It is your sole responsibility to execute anti-contamination/virus software and otherwise take steps to ensure that PornBanana.com services, if contaminated or infected, will not damage your information or system. In no event will PornBanana.com or its subsidiaries or suppliers or its/its subsidiaries/suppliers/ officers, directors, employees, shareholders, agents, representatives, licensors, successors or assigns, be liable to you or to any third party whatsoever for any damage, including, but not limited to, indirect, direct, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, or loss, or vandalism or theft of programs or information, and any other kind of damage), or any other damages arising in connection with or in any way out of the availability or use of, reliance on, or inability to use, the site or the communication services, even if PornBanana.com was advised of the possibility of such damage, and regardless of the form of action whether in contract, tort, equity or otherwise. If you are dissatisfied with PornBanana.com services or you have any dispute with PornBanana.com in connection with the same or these Terms and Conditions then your sole and exclusive remedy is to stop using PornBanana.com services. PornBanana.com services may provide you with links to sites, and offers for products and services, of third parties. We have no control over such sites or over such products and services. We are not responsible for and do not endorse : (a) the content of such third party sites, (b) the products or services offered by such third parties or (c) the privacy and other practices of such third parties. Nor are we responsible for the availability of such sites or products or services offered by such third parties. Parts of PornBanana.com services are designed and intended solely for consenting adults - who are at least 18 years old (21 in AL, MS, NE, WY, and any other location where 18 is not the age of majority) - who are interested in and wish to have access to visual images, videos, verbal descriptions audio sounds and other features and/or products of a sexually oriented, frankly erotic nature. the materials (including any products or features) which are available within PornBanana.com may include graphic visual depictions and descriptions of nudity and sexual activity and should not be accessed by anyone younger than 18 years old (21 in AL, MS, NE, WY, and any other location where 18 is not the age of majority) or who is offended by such materials or who does not wish to be exposed to such materials.

By joining the Site you are making the following statements:

"Under penalty of perjury, I swear/affirm that as of this moment, I am an adult, at least 18 years of age (21 in AL, MS, NE, WY, and any other location where 18 is not the age of majority). I promise that I will not permit any person(s) under 18 years of age (21 in AL, MS, NE, WY, and any other location where 18 is not the age of majority) to have access to any of the materials (including any products or features) contained within PornBanana.com services. I understand that when I gain access to PornBanana.com services, I will be exposed to visual images, videos, links, verbal descriptions audio sounds and other features and/or products of a sexually oriented, frankly erotic nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. I am voluntarily choosing to do so, because I want to view, read and/or hear the various materials and/or order and enjoy the use of such products or features, which are available, for my own personal enjoyment, information and/or education. My choice is a manifestation of my interest in sexual matters which, I believe, is both healthy and normal and which, in my experience, is generally shared by average adults in my community. I am familiar with the standards in my community regarding the acceptance of such sexually oriented materials, and the materials I expect to encounter are within those standards. In my judgment, the average adult in my community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive. I further represent and warrant that I have not notified any governmental agency, including the U.S. postal service that I do not wish to receive sexually oriented material." PornBanana.com may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom. User and/or member shall indemnify and hold PornBanana.com, the owners and operators of PornBanana.com as well as their officers, directors and employees harmless, against any and all expenses and/or losses, including reasonable attorney fees, incurred by PornBanana.com in connection with any claims of any kind, that result directly or indirectly from the user's and/or member's activities in connection with PornBanana.com services. Such claims shall include, without limitation, claims in respect of any violation of law in a chat session with a performer. Notices by the Site to you may be given by means of electronic messages through PornBanana.com, by a general posting on PornBanana.com, or by conventional email. Notices by you to PornBanana.com may be given by electronic messages, conventional mail, telephone or fax unless otherwise specified in these terms and conditions. To the extent that a court of competent jurisdiction determines that any specific term or terms of these Terms and Conditions of use is/are unenforceable, the other terms of this agreement will continue in full force and effect. No employee, agent or representative, including without representation a customer service representative of PornBanana.com shall be entitled to waive any term of this agreement. Headers of sections in this agreement are included for convenience only and shall not be used to interpret the agreement.