Terms of Use

Welcome to Banks.com, a website brought to you by Remark Media, Inc. (“Remark Media”). We’re glad you choose to visit us and hope that your experience informs, entertains and enlightens you.

1. Introduction

These Terms of Use, as may be amended or modified from time to time (“Terms of Use”), along with any other terms and conditions that are referenced herein or presented elsewhere on the website in connection with services and features, govern your access to and use of the services and websites present at Banks.com and any other affiliated websites and services where these terms are presented (the “Site”). By using the Site, you agree to comply with all of the terms and conditions in the Terms of Use. If you do not agree to these Terms of Use, you should not access or use the Site.

As the Internet is an ever-evolving medium, we may change the Site and these Terms of Use at any time without notice to you. By continuing to use the Site after we post an updated Terms of Use, you agree to the Terms of Use as modified. We may discontinue, temporarily or permanently, any portion of, or all of, the Site at any time without notice.

2. Privacy

Your use of the Site, and any information you provide to Remark Media, is set forth in our Privacy Policy. You consent to the collection and use of this information, as described in the Privacy Policy, including the transfer of this information to the United States and/or other countries for storage, processing and use.

3. Community

Certain portions of the Site allow you to participate in community and social media interactions. In doing so, you agree to our Community Standards.

4. Content on the Site

All content and material on the Site is for information and educational purposes only. For certain specialized topics such as finance or health, information presented is in summary form and should not be used in place of professional advice or care. You should never disregard or delay seeking professional advice or care as a result of the Site.

As some of the content on the site is provided by third parties, or by users of the Site, we do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any content or communications on the Site or endorse any opinions expressed on the Site. By using the Site, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases content that has been mislabeled or is otherwise deceptive. Under no circumstances will Remark Media be liable in any way for any content, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content made available on the Site, including any content that is e-mailed, transmitted or otherwise made available via the Site or broadcast elsewhere.

5. Content Submitted to the Site

The Site may contain various areas allowing you to submit content to the site, which can include – but is not limited to – materials such as questions, comments, blog postings, articles, images, and video; we refer to this as “User Content”.

Remark Media has no obligation to display the User Content, and may use it as it deems appropriate, including by rejecting any User Content you submit.

By submitting any User Content to the Site, you automatically grant Remark Media, its subsidiaries and any parent company or companies, and any successors and assigns thereto, the royalty free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works or otherwise use such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content. You warrant that any of the aforementioned uses of your User Content will not violate any rights of or cause injury to any person or entity, and further grant Remark Media the right to pursue at law any person or entity that violates your or Remark Media’s rights in the User Content by a breach of these Terms of Service or other law.

If it is determined that you retain any moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by Remark Media or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release Remark Media and its licensees, successors and assigns from any claim that you could otherwise assert against Remark Media by virtue of such moral rights.

If you submit feedback or suggestions, we may use your feedback or suggestions without obligation to you.

6. Copyright & Trademarks

As a creator of intellectual property, Remark Media respects the rights of others. Should you have a claim of copyright infringement, please review and follow our Procedure for Making Claims of Copyright Infringement.

The Site contains copyrighted material, trademarks and other proprietary information, including but not limited to articles, graphics, and the user interface, which are the property of Remark Media and its licensors. All right, title and interest in and to the Site (excluding rights to certain User Content) are and will remain the exclusive property of Remark Media and its licensors. Nothing in the Terms of Use gives you a right to use the Remark Media or Site name or any Remark Media trademarks, logos, domain names or other distinctive brand features. Any feedback, comments or suggestions you may provide are entirely voluntary and we will be free to use them as we see fit and without any obligation to you.

7. Restrictions on Use of the Site

You agree not to (i) access, tamper with, or use non-public areas of the Site or Remark Media’s computer systems, (ii) test the vulnerability of any system or network or breach or circumvent any security or authentication measures, or (iii) access or search or attempt to access or search the Site by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Remark Media (and only pursuant to these Terms of Use). Search crawlers are allowed to crawl the Site if done in accordance with the provisions of the robots.txt file, but scraping the Site is prohibited. You also agree not to use the Site to send altered, deceptive or false source-identifying information, or to interfere with or disrupt (or attempt to do so) the access of any user, host or network in any way.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User Content on the Site and to terminate user accounts or reclaim usernames. We also reserve the right to access, read, preserve and disclose any information as we believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms of Use, including investigation of potential violations hereof; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) improve the use of the Site; (v) respond to user support requests; of (vi) protect the rights, property or safety of the Site, its users and the public.

8. Disclaimer of Warranties & Liability

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER REMARK MEDIA NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SITE. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITE THE SPECIFIC FUNCTION OF THE SITE, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITE “AS IS”. IF YOU RELY ON THE SITE OR ANY MATERIAL AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SITE.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

9. Controlling Law & Jurisdiction

The laws of the State of Georgia, U.S.A., excluding Georgia’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Site. All claims arising out of or relating to these terms or the Site will be litigated exclusively in the federal or state courts of Fulton County, Georgia, USA, and you and Remark Media consent to personal jurisdiction in those courts.

10. Miscellaneous

The failure of Remark Media to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect.

If you are using our Site on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Remark Media and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

If you chose to register with the Site, you agree that the information you supply during that registration process will be accurate and complete. You also agree not to (i) select, register, or attempt to register, or use a user name of another person with the intention of impersonating that person; (ii) use a user name of anyone else without authorization; (iii) use a user name in violation of the intellectual property rights of any person; or (iv) use a user name that Remark Media considers to be offensive. Remark Media reserves the right to reject or cancel any user name or password that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify Remark Media of any known or suspected unauthorized use of your account. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used.

These Terms of Use, and any terms incorporated herein such as our Privacy Policy, are the entire and exclusive agreement between you and Remark Media regarding the Site, and these terms supersede and replace any prior agreements between you and Remark Media regarding the Site (other than any services for which you have a separate agreement with Remark Media that is expressly in addition to or in place of these Terms of Use).

The Site is operated by Remark Media, Inc. Please contact us if you have any questions about these Terms.

Remark Media, Inc.
Attn: Banks.com Terms
Six Concourse Parkway, Suite 1500
Atlanta, GA 30328

Last Updated as of August 27, 2012