By using our Site, you confirm that you accept these Terms
Upon our request, you agree to sign a non-electronic version of these Terms.
Information About Us
The Site is operated by Watershed Media Ltd. This domain (banana-play.com) and any associated trade marks (registered and unregistered) are owned and/or operated by Watershed Media Ltd, or are operated under licence by us.
Watershed Media Ltd (referenced throughout these terms as "us"/"we"/"our") is a private limited company who registered office is at at Agias Zonis & Thessalonikis, Nicolaou Pentadromos Center, 5th floor, Office 507 A, Block A, 3026, Limassol, Cyprus.
To use our Site, you must be at least 18 years old. If you are a minor, are offended by such material or if it is illegal for you to access such material in your home jurisdiction, you must either not access the Site or cease using it immediately (as applicable).
You must complete provide all the information required to complete the registration form(s).
You must ensure that all information you provide (including billing information) is complete, accurate and up to date and conforms to the reality. You must not provide fake profiles.
Changes to these terms
We may revise these Terms at any time by amending this page.
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Changes to our site
We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and (except where applicable law requires) we are under no obligation to update it.
We do not guarantee that our Site, or any content on it, will be free from errors or omissions.
Accessing our site
Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Site.
You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
The purpose of our site is to provide entertainment, to allow you to explore our Services and to promote greater participation in our Services.
Your Account and Password
You must treat your password (and any other piece of security identification information for this site) as confidential.
Your account is for your personal use only and is non-transferable. You may not authorise others to use your account or attempt to use another person's account without obtaining their consent.
You are solely responsible for the use of your identification information by third parties or for the acts or statements made through your account. We do not accept any liability for or in the event of unauthorized use of your account and/ or password.
If you know or suspect that anyone other than you knows your password or login details, you must promptly notify us.
We reserve the right to suspend your access to our Site or terminate your account if we suspect an unauthorised person is attempting to access it.
Your use of our Site
To use our Site, you must have necessary hardware equipment and software and the necessary parameters required to properly use the Site, i.e. access to the Internet. You acknowledge and agree that the nature of the Internet means that the security, availability and integrity of Internet data transmissions cannot be guaranteed. We do not accept any liability for any breach of the security, availability and integrity of Internet data transmissions other than any liability that may follow from the General Data Protection Regulation (EU 2016/ 679).
To ensure compatibility with your device and our Services, please note that our sites are optimised for all modern browsers including IE7+ and above, Firefox 2+, Safari 3+, Chrome and Opera with standard default browser settings.
We do not guarantee that the Site will function without interruption or error. In particular, your use of the Site may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop its content and/or presentation. Whenever possible, we shall inform users prior to maintenance work or updates.
If you would like full access to all features and areas within the Site, you should purchase one of our Subscription Packages, which can differ across our various websites.
In general, we offer: • 3 day trials and/or • Monthly renewal packages
The fees payable for each of our Subscription Packages are set out on the payment page of the at the point of making payment. Please review the payment page very carefully when you come to make payment.
Please be aware that when you subscribe to any package, including the trial period, you will become liable for automatic renewal billing.
We reserve the right to alter these subscriptions packages at any time. If we alter the price of a package that you are already paying for, we will provide notice of the change and you will have the option to cancel your membership if you do not agree with the new price being offered to you.
We operate an automatic renewal billing policy.
This means that once your initial membership period has expired, for your convenience, your membership will automatically be renewed at the same rate that you signed up for using the original payment method. For example if you pay by credit card, we will continue to debit this same credit card as each subscription period expires. We will only debit these repeat payments when your current payment period expires and not before.
In case the transaction is declined, Watershed Media Ltd may, but is not obliged to attempt to process it again. You will still have access to the portal until the last transaction retry attempt is declined. Maximum number of retry attempts after the first attempt is five. If the transaction retry attempt is successful - your monthly membership will be renewed on the regular terms. If the last transaction retry attempt is declined your subscription will be cancelled.
We reserve the right to alter our packages at any time and any change in your subscription price will be notified to you by email to the address you have provided when you signed up to the Services, at least 7 days prior to the new subscription price being implemented. You will then have the option to cancel your membership if you do not agree to this price change.
Security capabilities and policy for transmission of payment card details
Watershed Media Ltd takes reasonable precautions to ensure the highest level of protection for customers, protect cardholder data and avoid security breaches. We partner with a credit card processing provider and use strict security protocols to ensure that the credit card transactions are safe and secure. All the payment transactions are processed in accordance with the PCI DSS.
Disputes and Refunds
We will issue refunds after investigating on a case-by-case basis. We will take into consideration things such as other complaints received or other customers comments. If an issued refund is for a recurring billing, we will only refund the most recent payment. A refund for a recurring billing will result in an immediate cancellation of the recurring service. A refund of fees for any nonrecurring service will also result in immediate termination of access of the service.
In the event that you disagree with any charge made to your account, you agree to contact us with a view to resolving the dispute prior to making a formal notification to your credit card company. You must contact us either by email, stating your reasons for dispute of the charge. This will enable us to accurately and promptly assess your complaint and, where justified, credit your card with the disputed amount in a timely manner to avoid any further inconvenience to you.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our site, and the material published on it by us. Copyright laws and treaties around the world protect those works. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from our licensors or us.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
Limitation of Our Liability
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our Site; or
• use of or reliance on any content displayed on our Site.
In no event (including our own negligence) will we be liable for any economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); loss of goodwill or reputation; special, indirect or consequential losses; and/or damage to or loss of data.
Any opinions, advice, statements, offers or other information or content made available through our Site, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for that content. We provide no warranties or guarantees in respect of such content.
We only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will liable for any loss or damage that may arise from your use of them.
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation. .
Uploading Content to our Site
Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Site will be considered non-confidential and non-proprietary (subject to exclusion of moral rights), and we have the right to use, copy, distribute and disclose to third parties any such content subject to data protection legislation that might apply.
Subject to data legislation that might apply we reserve the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site.
We have the right to remove any content you post on our Site if, in our opinion, your post does not comply with the policy standards set out in our Acceptable Use Policy.
We reserve the right to delete messages and other user content after any lawful period of time if we exercise our rights of termination under these Terms.
The views expressed by other users on our Site do not represent our views or values.
Users are encouraged to notify us of other user content, which does not comply with these Terms.
Acceptable Use Policy
You agree that you will not post any content on our Site, transmit any content to others, communicate any content, provide links to any content, or otherwise engage in any activity through the Site that, in our sole judgement:
• Breaches any applicable local, national or international law or regulation.
• Is defamatory of any person.
• Contains any material which is obscene, offensive, hateful or inflammatory.
• Promotes sexually explicit material.
• Promotes violence.
• Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringes or violates any third party rights including (by way of example only) any copyright, database right or trade mark of any person).
• Is likely to deceive any person.
• Is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promotes any illegal activity.
• Is threatening, abusive or invades another's privacy, or causes annoyance, inconvenience or needless anxiety.
• Is likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonates any person, or to misrepresent your identity or affiliation with any person.
• Gives the impression they emanate from us, if this is not the case.
• Advocates promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
• Is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• Is for the purpose of harming or attempting to harm minors in any way.
You may also not use our Site to:
• Transmit, or procure the sending of, any advertising or promotional material (unsolicited or otherwise) or any other form of similar solicitation.
• Transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• Collect or store personal data about other users or members without their consent or upload, post, email, transmit, chat or otherwise disclose other users' or members' private information.
• Post a profile or send a message to any user for any purpose other than to interact with other individuals online.
• Access data not intended for you or log onto a server or account which you are not authorised to access.
• Attempt to scan, or test the vulnerability of the system or network or to breach the security of our site.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the UK Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
Linking to our Site
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our Site must not be framed on any other site.
You agree to indemnify us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all third party claims and liabilities related to your breach of this Agreement and/or to your use of the Site.
Third Party Links and Resources in our Site
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
Your right to cancel
You may cancel your subscription and membership (free and paid) by visiting the "My Account" section of the site that you are a member of, and following the relevant link to Remove Your Account. You may also cancel your subscription and membership by submitting a Cancel Subscription form or by contacting our Support with the respective request.
Please be aware that no refunds or credits will be provided for any partial-month membership periods or unused services. If you cancel your subscription, you will have access to the Site till the end of paid period. Next payment will not be charged from your card however you will not receive refund for the paid period.
Term and Termination
Your subscription will be automatically extended on a monthly basis, at the current non-promotional subscription rate in accordance with the Automatic Renewal Billing process explained in these terms.
Please note that you must terminate your subscription prior to the end of the subscription period for which you have paid to avoid being charged for the next subscription period. To change or terminate your subscription at any time, please follow the subscription cancellation procedure described in the ‘Your right to cancel’ clause. Either you, or us, may terminate your user account at any time and for any reason by sending notice to the other.
We reserve the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion.
These Terms constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
These Terms, their subject matter and formation, are governed by Cyprian law. You and we both agree that the courts of Cyprus have non-exclusive jurisdiction.
Our Services can be accessed from different countries and territories. That shall not be understood as venue as We did not comport with any local jurisdiction other than the one stated in these Terms and Conditions.
To contact us, please contact us as follows:
By post: Agias Zonis & Thessalonikis, Nicolaou Pentadromos Center, 5th floor, Office 507 A, Block A, 3026, Limassol, Cyprus
Thank you for visiting our Site.