BRANDBRIGE, Inc. (“we,” “us,” “our”) provides its services (described below) to you through its website located at brandbridge.org (collectively, the “Site”) and through its related technology app and services (collectively, such services, including any new features and applications, and the Site, the “Services”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).
Registration on the Site
Account Password and Security
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session when accessing the Services. We will not be liable for any loss or damage arising from your failure to comply with this Section.
General Practices Regarding Use and Storage
You acknowledge that we may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that our statistics, data or other content will be retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Accountability. You are solely responsible and liable for activity that occurs by using your User Name and/or Account and shall be responsible for maintaining the confidentiality of your Password. You will immediately notify Brandbridge in writing of any change in authorization, any unauthorized use of your Account or User Name, or other account related security breach of which you are aware.
Modification of the Services
We reserve the right at any time, with or without notice to you, to modify or discontinue, temporarily or permanently, the Services (or any part thereof). You acknowledge that such modifications to the Services may result in changes to the data and statistics that you see associated with your profile. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
You are solely responsible for all video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, share, post, publish, display or otherwise transmit (hereinafter, “transmit”) or email or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by us. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Services to:
- email or otherwise transmit any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, inflammatory, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose us or its users to any harm or liability of any type;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
Further, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services or access to the Services. Unless otherwise expressly agreed by us, the Services are for your personal use.
Ownership. Except as expressly provided herein, Brandbridge shall have the sole and exclusive ownership of all right, title and interest in and to the SITE AND/OR APP, any enhancements thereto, any documentary or other materials regarding the use thereof and related thereto, and any data provided to you by Brandbridge in whatever form or media. As between Brandbridge and you, Brandbridge or its licensors shall remain the sole and exclusive owner of all right, title and interest in and to the site and/or app and related documentation including, without limitation, any patents, patent applications, trademarks (whether registered or not), trade names and copyright in all territories.
You agree that we, in our sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any messages or other content within the Services, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. We may also in our sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Services may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that we will not be liable to you or any third party for any termination of your access to the Services.
INTELLECTUAL PROPERTY RIGHTS
Service Content, Software and Trademarks
You acknowledge and agree that the Services may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by us from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith (for example, mobile applications, badges and other widgets) is our property, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by us.
Our name and logos are trademarks and service marks of Maker Studios, Inc. (collectively the “Maker Studios, Inc. Trademarks”). Our other product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing in this Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of our Trademarks will inure to our exclusive benefit.
Third Party Material
Under no circumstances will we be liable in any way for any content uploaded by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content uploaded or emailed via the Services. You acknowledge that we may not pre-screen content, but that us and our designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, we and our designees will have the right to remove any content that violates these Terms of Services or is deemed by us, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Services
You are solely responsible for the content and other materials you upload through the Services or share with other users or recipients (collectively, “User Content”). You will not upload any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant us and our affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of us, our users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. In addition, we will have the sole right to remove any content from the Services that it believes in its sole discretion is in violation of this Terms of Service or is otherwise inappropriate in any way.
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.
We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to our Copyright Agent, email@example.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:
Attn: Copyright Complaints
3565 Las Vegas Blvd S. #119
Las Vegas, NV 89109
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within Clark County, Nevaa and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
THIRD PARTY WEBSITES
The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. We have no control over such sites, resources and we will not be responsible for and does not endorse such sites and resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource.
INDEMNITY AND RELEASE
You agree to release, indemnify and hold us and our affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms of Services or your violation of any rights of another.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) BY REGISTERING FOR THE SERVICES YOU WILL RECEIVE OPPORTUNITIES TO PROVIDE SERVICES OR RECEIVE ANY COMPENSATION.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
MEDIATION AND ARBITRATION
We and you will endeavor in good faith to resolve all disputes arising under or related to this Agreement by mediation according to the then prevailing rules and procedures of the American Arbitration Association. Any dispute that cannot be resolve through mediation shall be submitted to binding arbitration in the County of Clark, State of Nevada according to the then prevailing rules and procedures of the American Arbitration Association, where the findings and decision of the arbitrator shall be binding upon all Parties to such dispute. Within 15 days after the commencement of arbitration as given in the American Arbitration Association’s then prevailing rules and procedures, we and you shall each select one person to act as arbitrator and the two selected shall select a third arbitrator within 11 days of their appointment. Each selected arbitrator must be from the list of arbitrators provided by the American Arbitration Association or otherwise an individual qualified to serve as arbitrator. If the arbitrators selected are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association. All fees and costs (including reasonable attorneys’ fees) incurred pursuant to the resolution of any dispute to which this article applies shall be allocated to the losing party.
You agree that you are solely responsible for your interactions with any other user in connection with the Services, and we will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Services.
- You are solely responsible for all aspects of any materials created, delivered, or managed
through your Account or User Name (“Materials”). You will conduct all of your marketing,
business, and other activities related to the Materials and use of the SITE AND/OR APP in compliance with
all local, state, and federal laws, rules and regulations applicable to your business, including but
not limited to those of the Federal Trade Commission and state Unfair and Deceptive Trade
Practices Acts and the laws of any other state or federal regulatory agency that has jurisdiction
over Company’s business activities.
- You agree not to use the SITE AND/OR APP or Services in connection with, or to promote campaigns or
ads containing: (i) content that is an invasion of privacy, degrading, defamatory, libelous,
unlawful, profane, obscene, pornographic, hate material, or discriminatory; (ii) content that
promotes any illegal activity including without limitation the promotion of gambling where
prohibited, illegal substances, software piracy, or hacking; (iii) content that infringes on the
personal rights, trademark, service mark, trade dress, trade name, logo, publicity right, copyright,
patent rights, or any other intellectual property right of any third party; (iv) content, links or codes that promote or reference software piracy and/or activities generally understood as Internet abuse
including but not limited to the sending of unsolicited bulk e-mail and the distribution or use of
spyware, malware, worms, Trojan horses, time bombs, cancelbots, corrupted files, or similar
software; or (v) content that you know to be false or misleading.
- You agree to indemnify, defend, and hold harmless Brandbridge, its affiliates, and their
respective officers, directors, and employees from and against any and all losses, costs, damages
or liabilities, including legal fees, costs, and expenses, arising out of or related to your breach of
DISCLAIMER. THE SITE AND/OR APP, OTHER CONTENT PROVIDED THROUGH THE SITE AND/OR APP, AND ALL TECHNOLOGY, SOFTWARE, MATERIALS, DATA, OR IMAGES PROVIDED OR USED BY OR ON BEHALF OF BRANDBRIDGE OR ITS LICENSORS IN CONNECTION WITH THE SITE AND/OR APP (COLLECTIVELY THE “SITE AND/OR APP OFFERINGS”) ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, BRANDBRIDGE MAKE NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SITE AND/OR APP OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW (IN WHICH CASE THE PARTICULAR REQUIRED WARRANTY SHALL BE LIMITED TO THIRTY (30) DAYS OR THE MINIMUM REQUIRED PERIOD UNDER LAW, WHICHEVER IS LESS), BRANDBRIDGE DISCLAIMS ALL MPLIED WARRANTIES WITH RESPECT TO THE SITE AND/OR APP OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. BRANDBRIDGE WILL NOT BE HELD RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, COMPANY’S ADVERTISEMENT OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. BRANDBRIDGE MAY DISCONTINUE ANY ASPECT OF THE SITE AND/OR APP OR ANY SITE AND/OR APP OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF THE SITE AND/OR APP OR ANY SITE AND/OR APP OFFERING, AT ANY TIME. BRANDBRIDGE ALSO DOES NOT WARRANT IN ANY WAY THAT THE SITE AND/OR APP OR THE OFFERINGS WILL BE PROVIDED IN AN UNINTERRUPTED MANNER OR THAT THE RELATED CONTENT WILL BE ERROR-FREE OR FREE OF HARMFUL COMPONENTS. IN ADDITION, BRANDBRIDGE DOES NOT WARRANT THAT THE SITE AND/OR APP WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS OR THAT YOU WILL ACHIEVE ANY PARTICULAR RESULT FROM USING THE SITE AND/OR APP.
Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BRANDBRIDGE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION ANY LOST OPPORTUNITY OR PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL OR ANY OTHER INTANGIBLE BENEFIT, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT BRANDBRIDGE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
Special Notice for International Use; Export Controls
Software (defined below) available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.
Modifications to Terms of Service
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the bottom of this page the date these terms were last revised. Your continued use of the Services, which use includes maintaining an active profile on the Services, after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, please contact us at firstname.lastname@example.org and we will remove your profile from the Services. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.
Additional Terms and Conditions. Some Services offered through the site and/or app may be subject to additional terms and conditions specified by Brandbridge from time to time.
Questions? Concerns? Suggestions?
Please contact us at email@example.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Services.
Date of Last Revision: March 25, 2016