Last updated October 26, 2013
Welcome to Brandibble or a website hosted by Brandibble.
1. ACCEPTANCE OF TERMS
By accessing, browsing or otherwise using the Sites, you represent that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Sites are not intended for children under the age of 13.
4. MODIFICATION OF THE TERMS
5. OWNERSHIP; PROPRIETARY RIGHTS
The Sites are owned and operated by BRANDIBBLE. All materials on the Sites, including, but not limited to, the audio, video and audiovisual content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Sites that are provided by BRANDIBBLE ("BRANDIBBLE Materials"), are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All BRANDIBBLE Materials contained on the Sites are the property of BRANDIBBLE or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names contained in the BRANDIBBLE Materials or on the Sites are proprietary to BRANDIBBLE or its affiliates and/or third-party licensors. Except as expressly authorized by BRANDIBBLE, you agree not to sell, license, distribute, copy, download, reproduce, modify, publicly perform, publicly display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the BRANDIBBLE Materials. BRANDIBBLE reserves all rights not expressly granted in these Terms. You shall not acquire any right, title or interest to the BRANDIBBLE Materials, except for the limited rights set forth in these Terms.
6. TERRITORIAL LIMITATIONS
The Sites are controlled and offered by BRANDIBBLE from its facilities in the United States. BRANDIBBLE makes no representations that the Sites are appropriate or available for use in other locations, and access to the Sites from territories where the content on the Sites may be illegal or unauthorized is prohibited. Those who access or use the Sites from other jurisdictions do so at their own risk subject to these Terms.
7. THIRD-PARTY WEBSITES
BRANDIBBLE or third parties may provide links on the Sites to other sites or content ("Reference Sites"). BRANDIBBLE has no control over such Reference Sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, privacy policies, practices, nature, availability or reliability of Reference Sites or content linked to by the Sites. BRANDIBBLE provides links to you only as a convenience, and the inclusion of any link on the Sites does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. By using the Sites, you expressly relieve BRANDIBBLE from any and all liability arising from your use of any Reference Sites. When you leave the Sites, these Terms and our policies no longer govern. Accordingly, you should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.
8. PROHIBITED USES
8.1 As a condition of your use of the Sites, you will not use the Sites for any purpose that is unlawful or prohibited by these Terms.
8.2 Any use by you of the Sites other than for personal, non-commercial use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit any portion of the Sites, including any BRANDIBBLE Materials for any purpose.
8.3 You agree not to intentionally interfere with or damage, impair or disable the operation of the Sites by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
8.4 You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Sites, features that prevent or restrict the use or copying of any content accessible through the Sites, or features that enforce limitations on the use of the Sites.
8.5 You agree not to attempt to gain unauthorized access to the Sites, or any part of it, other accounts, computer systems or networks connected to the Sites, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites.
8.6 You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites. You agree neither to modify the Sites in any manner or form, nor to use modified versions of the Sites, including, without limitation, for the purpose of obtaining unauthorized access to the Sites.
8.7 You agree that you will not use any robot, spider, scrape, or use other automated means to access the Sites for any purpose without the express written permission of BRANDIBBLE, or bypass BRANDIBBLE's robot exclusion headers or other measures BRANDIBBLE may use to prevent or restrict access to the Sites.
8.8 You agree not to utilize framing techniques to enclose any trademark, logo or other BRANDIBBLE Materials without our express written consent. You agree not to use any meta tags or any other "hidden text" utilizing BRANDIBBLE's name or trademarks without our express written consent.
8.9 You agree to promptly remove any links to the Sites that BRANDIBBLE finds objectionable in its sole discretion. You agree not to use any BRANDIBBLE logos, graphics or trademarks as part of the link without our express written consent.
8.10 You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Sites or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
8.11 You agree not to modify, adapt, translate or create derivative works based upon the Sites or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
When you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You are not permitted to share this site with any unauthorized persons, where an unauthorized person is defined as any person who has not themselves received a unique username and password for the Sites. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you agree to immediately notify BRANDIBBLE. You may be liable for the losses incurred by BRANDIBBLE or others due to any unauthorized use of your account.
You agree that BRANDIBBLE, in its sole discretion and for any or no reason, may terminate your access to the Sites at any time, with or without notice. BRANDIBBLE may also in its sole discretion and at any time discontinue providing access to the Sites or any part thereof. You agree that BRANDIBBLE'S termination of your access to the Sites or to any content thereon will be without liability to you or any third party.
11. DISCLAIMERS; NO WARRANTIES
11.1 No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BRANDIBBLE, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BRANDIBBLE OR THROUGH THE SITES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 11.1, THE TERM BRANDIBBLE INCLUDES BRANDIBBLE'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, AFFILIATES AND SUBCONTRACTORS.
11.2 "As is" and "As available" and "With All Faults". YOU EXPRESSLY AGREE THAT THE USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
11.3 Platform Operation and Content. BRANDIBBLE, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE BRANDIBBLE MATERIALS, SITES, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITES OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
11.4 Accuracy. BRANDIBBLE, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
11.5 Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS OR OTHERWISE OBTAIN INFORMATION, MATERIALS OR DATA THROUGH THE SITES OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
12. LIMITATION OF LIABILITY AND DAMAGES
12.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BRANDIBBLE OR ITS AFFILIATES, CONTRACTORS, DIRECTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE BRANDIBBLE MATERIALS, THE SITES OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH BRANDIBBLE, EVEN IF BRANDIBBLE OR A BRANDIBBLE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BRANDIBBLE'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
12.2 Limitation of Damages. IN NO EVENT SHALL BRANDIBBLE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES YOU HAVE PAID BRANDIBBLE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, IF ANY.
12.3 Reference Sites. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN BRANDIBBLE AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITES OR RECEIVED BY YOU THROUGH ANY REFERENCE SITES.
13. RELEASE AND INDEMNIFICATION
13.1 Release. Without limiting the above, you hereby release, discharge, and hold harmless BRANDIBBLE and its parent, subsidiaries, affiliates, sublicensees, licensors, vendors, suppliers, partners, designees, and assigns and each of their respective employees, officers, directors, and suppliers (collectively, "Releasees") from any and all claims, actions, damages, liabilities, losses, costs, and expenses of any kind (including, without limitation, attorneys' fees), arising out of, resulting from, or by reason of, your use of the Sites.
13.2 Indemnification. You agree to indemnify and hold harmless BRANDIBBLE, and its parent, subsidiaries, affiliates, sublicensees, licensors, vendors, suppliers, partners, designees, assigns or any related companies (including those which share substantially common ownership), and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt and expenses (including attorney's fees) arising out of, (a) your use of the Sites, (b) your violation of these Terms, and (c) your breach of any of the foregoing covenants. BRANDIBBLE reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of BRANDIBBLE.
14.1 Notice. BRANDIBBLE may provide you with notices by electronic mail, regular mail or postings on the Sites. If Notice is provided by electronic mail, notice will be deemed given twenty-four hours after electronic mail is sent, unless BRANDIBBLE is notified that the electronic mail address is invalid. If notice is provided by posting, then notice will be deemed given upon posting on the Sites. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Sites. In such case, notice will be deemed given three days after the date of mailing.
14.2 Dispute Resolution. If a dispute arises between you and BRANDIBBLE, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and BRANDIBBLE agree that we will resolve any claim or controversy at law or equity that arises out of these Terms or your use of the Sites (a "Claim") in accordance with one of the subsections below or as BRANDIBBLE and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
14.2.1 Choice of Law; Forum. You agree that (i) the Sites shall be deemed solely based in the State of New York and (ii) the Sites shall be deemed passive Sites that do not give rise to personal jurisdiction over BRANDIBBLE, either specific or general, in jurisdictions other than the State of New York. These Terms shall be governed in all respects by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. You agree that any claim or dispute you may have against BRANDIBBLE arising out of or relating to your use of the Sites must be resolved by a court located in the State of New York, except as otherwise agreed by you and BRANDIBBLE. You agree to submit to the personal jurisdiction of the courts located within the State of New York for the purpose of litigating all such claims or disputes.
14.2.2 Improperly Filed Claims. All claims you bring against BRANDIBBLE must be resolved in accordance with this Section 14.2 (Dispute Resolution). All claims filed or brought contrary to this Section 14.2 (Dispute Resolution) shall be considered improperly filed. Should you file a claim contrary to this Section 14.2 (Dispute Resolution), BRANDIBBLE may recover attorneys' fees and its reasonable costs incurred in responding to such improperly filed claim.
14.3 Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of BRANDIBBLE to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
14.4 Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
14.5 Assignment. The Terms may not be transferred or assigned by you, but may be assigned by BRANDIBBLE without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
14.6 No Agency. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BRANDIBBLE as a result of these Terms or use of the Sites.
14.8 Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
14.9 Entire Agreement. This is the entire agreement between you and BRANDIBBLE relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in a writing signed by both parties or by a change to these Terms made by BRANDIBBLE as set forth in Section 4 above.
14.10 Disclosures. The services hereunder are offered by BETTER BACK OF HOUSE LLC D.B.A. BRANDIBBLE, located at 488 Jefferson St, Suite 222, Brooklyn, NY 11237, electronic mail: email@example.com. If you are a California resident, you may have this same information electronically mailed to you by sending a letter to the foregoing address with your electronic mail address and a request for this information.
Copyright 2013 BETTER BACK OF HOUSE LLC D.B.A. BRANDIBBLE. All Rights Reserved.