Banjo Biscuit

BANJO BISCUIT TERMS OF SERVICE

Last Updated: [DATE] Effective Date: [DATE]

These Terms of Service ("Terms") govern your access to and use of banjobiscuit.com (the "Site"), the Banjo Biscuit newsletter, and any related products or services (collectively, the "Services") owned and operated by Studio 6453, LLC ("Studio 6453," "Banjo Biscuit," "we," "us," or "our"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. ELIGIBILITY

The Services are available only to individuals who are at least 18 years of age and legal residents of the United States. By using the Services, you represent and warrant that you meet these requirements.

2. THE BANJO BISCUIT PHOTO AWARDS

The Banjo Biscuit Photo Awards (the "Contest") is a separate skill-based contest governed by the Contest Official Rules, available at banjobiscuit.com/rules. The Official Rules are incorporated into these Terms by reference. In the event of any conflict between these Terms and the Official Rules with respect to the Contest, the Official Rules control.

Contest entry is optional and requires payment of an entry fee. Subscription to the Banjo Biscuit newsletter is free and does not require contest entry.

3. NEWSLETTER

By subscribing to the Banjo Biscuit newsletter, you agree to receive emails from us, including editorial content, contest information, sponsored content, and promotional offers from Banjo Biscuit, our affiliates, and our advertisers. You may unsubscribe at any time using the unsubscribe link in any email.

4. USER CONTENT

"User Content" means any content you submit to the Services, including photographs, captions, comments, and other materials. You retain ownership of your User Content, but by submitting User Content, you grant Studio 6453 a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable, transferable license to use, reproduce, modify, publish, distribute, and display your User Content across all Banjo Biscuit and Studio 6453 properties for marketing, editorial, and promotional purposes, in any media now known or hereafter developed.

You represent and warrant that:

  • You own or have all necessary rights to submit your User Content
  • Your User Content does not infringe any third-party rights, including copyright, trademark, right of publicity, or right of privacy
  • Your User Content does not contain unlawful, defamatory, obscene, threatening, harassing, or otherwise objectionable material
  • Any identifiable individuals in your User Content have consented to its submission and use

We may remove or refuse User Content at our sole discretion.

5. PROHIBITED CONDUCT

You agree not to:

  • Use the Services for any unlawful purpose
  • Impersonate any person or entity
  • Submit User Content that is fraudulent, deceptive, or misleading
  • Submit User Content generated by or substantially manipulated by artificial intelligence
  • Interfere with or disrupt the Services or servers
  • Use automated systems (bots, scrapers, crawlers) without our express written permission
  • Attempt to gain unauthorized access to any portion of the Services
  • Engage in vote manipulation, fraudulent contest entries, or any other conduct that undermines the integrity of the Contest
  • Reverse engineer, decompile, or disassemble any portion of the Services
  • Resell, sublicense, or commercially exploit the Services without our written permission

6. INTELLECTUAL PROPERTY

The Services, including all content, features, functionality, designs, trademarks, and trade names (excluding User Content), are owned by Studio 6453, LLC or its licensors and are protected by U.S. and international copyright, trademark, and other intellectual property laws. "Banjo Biscuit" and the Banjo Biscuit logo are trademarks of Studio 6453, LLC.

You may not use, reproduce, modify, distribute, or create derivative works from any portion of the Services without our prior written consent, except as expressly permitted by these Terms.

7. THIRD-PARTY LINKS AND SERVICES

The Services may contain links to or integrations with third-party websites and services. We are not responsible for the content, privacy practices, or terms of any third-party services. Your use of third-party services is at your own risk.

8. DISCLAIMERS

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL STUDIO 6453, LLC, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) FIFTY DOLLARS ($50) OR (B) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Studio 6453, LLC and its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, and contractors from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Services
  • Your User Content
  • Your violation of these Terms
  • Your violation of any third-party right

11. TERMINATION

We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including violation of these Terms. You may stop using the Services at any time.

Provisions that by their nature should survive termination (including User Content licenses, intellectual property provisions, disclaimers, limitation of liability, indemnification, and dispute resolution) survive termination.

12. DISPUTES; GOVERNING LAW

These Terms are governed by Florida law, without regard to conflict of laws principles. Any dispute arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida. You consent to the exclusive jurisdiction and venue of such courts.

You agree that any dispute shall be resolved on an individual basis only. You waive any right to participate in a class action, class arbitration, or representative proceeding against Studio 6453, LLC.

13. CHANGES TO TERMS

We may modify these Terms at any time by posting the updated Terms on the Site. The "Last Updated" date reflects the most recent revision. Material changes will be communicated via the newsletter or a Site notice. Your continued use of the Services after changes constitutes acceptance of the updated Terms.

14. ENTIRE AGREEMENT

These Terms, together with the Contest Official Rules and Privacy Policy, constitute the entire agreement between you and Studio 6453, LLC regarding the Services.

15. CONTACT

Studio 6453, LLC 1065 SW 8th St #2079 Miami, FL 33130 Email: contact@banjobiscuit.com