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.
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.
7. Restrictions on Use of the Site
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.
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.
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
3930 Howard Hughes Parkway, Suite 400
Las Vegas, NV 89169
Last Updated July 2014.