Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and The Banana Group LLC ("Company," "we," "us," or "our") governing your access to and use of RateMyBanana.com and all related websites, applications, software, content, products, and services (collectively, the "Services").

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE PROHIBITED FROM USING THE SERVICES AND MUST IMMEDIATELY DISCONTINUE USE.

RATE MY BANANA IS A STRICTLY ADULT PLATFORM.

THE SERVICES ARE INTENDED EXCLUSIVELY FOR INDIVIDUALS WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE.

NO PERSON UNDER THE AGE OF EIGHTEEN (18) MAY ACCESS, VIEW, USE, REGISTER FOR, SUBMIT CONTENT TO, OR OTHERWISE INTERACT WITH THE SERVICES FOR ANY PURPOSE.

By using the Services, you expressly represent, warrant, and certify under penalty of perjury that:

• You are at least eighteen (18) years old.
• Any person depicted in content uploaded by you is at least eighteen (18) years old.
• You possess all legal authority necessary to upload the content.
• You possess all required rights, permissions, and consent relating to the content.
• The content was lawfully obtained.
• The content does not violate any law or third-party rights.

Any violation of this section may result in immediate account termination, content removal, reporting to law enforcement, and permanent banning from the Services.

You represent and warrant that:

• All information submitted by you is truthful and accurate.
• You own the content submitted or possess all legal rights necessary to upload it.
• Every individual depicted in uploaded content has provided any consent required by law.
• No uploaded content contains, depicts, references, suggests, implies, simulates, or portrays a minor.
• No uploaded content violates any federal, state, local, or international law.
• No uploaded content infringes upon privacy rights, publicity rights, copyrights, trademarks, or other legal rights.
• No uploaded content was obtained through hacking, theft, surveillance, coercion, fraud, blackmail, or unlawful means.

You acknowledge that you are solely responsible for all content uploaded through the Services.

The following content is strictly prohibited:

• Any image or content depicting a person under eighteen (18) years of age.
• Any content that appears to depict, suggest, simulate, imply, or portray a minor.
• Any content submitted without the consent of the person depicted.
• Revenge pornography.
• Non-consensual intimate imagery.
• Deepfake content depicting real persons without authorization.
• Stolen, hacked, intercepted, or unlawfully obtained content.
• Content violating privacy rights.
• Content violating publicity rights.
• Content violating intellectual property rights.
• Harassing, threatening, defamatory, fraudulent, or unlawful content.

The Company maintains a ZERO-TOLERANCE POLICY regarding minors, child exploitation material, non-consensual content, and unlawful activity.

The Services analyze user-submitted content, which may include both still images and video (moving-image) content. You are solely responsible for any content you upload in any format, and you represent and warrant that you hold all rights, permissions, and consent necessary to upload it, as set out elsewhere in these Terms.

The Services are designed solely to analyze user-submitted image and video content and return automated ratings, feedback, scores, or analysis requested by the user.

The Company does NOT:

• Sell uploaded images.
• Purchase uploaded images.
• Acquire ownership of uploaded images.
• Acquire copyright ownership of uploaded images.
• License uploaded images to third parties.
• Publish uploaded images.
• Display uploaded images publicly.
• Use uploaded images for marketing.
• Use uploaded images for advertising.
• Use uploaded images for AI training.
• Use uploaded images to train machine learning models.
• Use uploaded images to develop future products.
• Use uploaded images for any purpose unrelated to providing the requested Services.

Uploaded content is transmitted solely for the purpose of providing the requested analysis.

Except for temporary technical processing, cybersecurity monitoring, fraud prevention, legal compliance, or system integrity purposes, uploaded content is not intentionally retained and is deleted as soon as reasonably practicable after processing is completed.

The Company does not maintain a gallery, archive, repository, collection, database, or library of user-submitted content.

You retain all ownership rights, copyrights, publicity rights, and intellectual property rights in and to any content submitted by you.

Submission of content does not transfer ownership to the Company.

The Company receives only a temporary, limited, non-exclusive license necessary to process, analyze, and return the requested results.

Upon completion of processing and deletion of the uploaded content, all such limited rights automatically terminate.

The Company expressly disclaims any ownership interest in user-submitted content.

The Company reserves the right to suspend, restrict, or terminate any account at any time for any reason, including suspected violations of these Terms.

Termination may occur without notice.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR RELIABILITY.

ANY RATINGS, SCORES, FEEDBACK, ANALYSIS, OR RESULTS ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

THE COMPANY'S MAXIMUM LIABILITY SHALL NOT EXCEED THE GREATER OF:

• (A) ONE HUNDRED DOLLARS ($100.00); OR
• (B) THE AMOUNT PAID BY THE USER TO THE COMPANY DURING THE PRECEDING TWELVE (12) MONTHS.

You agree to defend, indemnify, and hold harmless The Banana Group LLC and its owners, officers, employees, contractors, affiliates, successors, and assigns from and against any claims, damages, losses, liabilities, costs, expenses, and attorney's fees arising from:

• Your use of the Services.
• Your uploaded content.
• Your violation of these Terms.
• Your violation of any law.
• Your violation of any third-party rights.

The Company reserves the unrestricted right to investigate suspected violations of these Terms.

The Company may preserve logs, metadata, account information, transaction information, IP addresses, and device information as required for security, fraud prevention, legal compliance, or law-enforcement cooperation.

The Company may voluntarily report suspected unlawful activity to law enforcement agencies, regulatory agencies, hosting providers, payment processors, internet service providers, and other appropriate entities without notice.

Any dispute arising from or relating to the Services shall be resolved exclusively through binding arbitration in Sheridan County, Wyoming.

You agree that:

• Any claim must be brought individually.
• You waive participation in any class action.
• You waive participation in any collective action.
• You waive participation in any representative action.
• You waive any right to a jury trial.

These Terms shall be governed exclusively by the laws of the State of Wyoming, without regard to conflict-of-law principles.

By checking the upload certification box and submitting content, you certify under penalty of perjury that:

"I am at least eighteen (18) years old, any person depicted in the uploaded content is at least eighteen (18) years old, and I possess all necessary rights, permissions, and consent to upload such content."

The Banana Group LLC
1309 Coffeen Avenue, Suite 1200
Sheridan, Wyoming 82801
Email: support@ratemybanana.com