Terms of Service

These terms and conditions ("Terms", "Agreement", "Terms of Service") are an agreement between Branition ("Branition", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the Branition website, platform, and any of its products or services (collectively, the "Service").

Please read the Terms carefully before using the Service. By accessing or using the Services or creating an account on Branition, you agree to be bound by these Terms of Service, our Privacy Policy, and Logo Upload Policy. If you don’t agree with them, you may not use the Service.

If you have any questions, please don't hesitate to contact us.

Access to the Services

When you create your Branition account, you must provide us with information that is accurate, complete, and current at all times. Any use or access by anyone under the age of 13 is not allowed. By using the Services, you state that:

• You are at least 13 years old and over the minimum age required by the laws of the relevant jurisdiction and applicable laws.

• You are not barred from using the Services under all applicable laws.

If you are accepting these Terms on behalf of another legal entity, such as a company or government agency, you affirm that you have the full legal right to bind that entity to these Terms.

Use of the Services

We always work to improve our services. This implies that we could include or omit features, products, or functions. We retain the right to change, suspend, or stop the Services (completely or partially) at any time, with or without notice to you. These Terms, which may occasionally be modified, will apply to any upcoming release, update, or other functionality addition to the Services. You agree that we will not be responsible to you or to any third party if the Services or any portion of them are modified, suspended, or discontinued.

Your Account

If you create an account in Branition, you are solely responsible for the information associated with your account and maintaining the security of your account and you are fully responsible for all activities that occur under the account and anything that happens related to your account. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services.

You must immediately notify us of any unauthorized use of your account or any other security breach. We will not be responsible for any liability, damage, cost, loss, or expenditure caused by or in connection with the unauthorized use of your account or anything related to your account.

Electronic Communications

By providing us with your email address, you consent to receive communications from us by email in accordance with this Agreement. We may use your email address to send you messages about changes to features of the service or email you about our marketing, business related purposes, or any other subject matter, as determined by us in our sole discretion. We are not responsible for any automatic filtering you or your network or email service provider may apply to the email communications we send to the email address you give us. We are also not responsible for any lack of communications from us to you about information related to your account and to you from us as a result of email sending and receiving failures or by other means of communicating notices sources failures from our side or yours.

User Content

Branition may allow you to post or submit content in some areas of the Services including information, texts, links, graphics, photos, or other materials. Anything that is posted or submitted by you or through your Account or otherwise you make available on Branition is referred to as "User Content" or "Users Contents" collectively for all our Users Contents.

We accept no responsibility or liability for, and do not expressly or indirectly advocate, support, or guarantee, the completeness, honesty, integrity, legality, correctness, reliability, and intellectual property ownership or right to use of any of Your User Content or our Users Contents.

You, or your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your User Content, subject to the non-exclusive rights granted below:

By submitting, posting, or displaying Your User Content on the Branition Platform, you grant Branition and it's affiliated companies a nonexclusive, irrevocable, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, submit, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use Your User Content in connection with the operation or use of the Branition Platform or the promotion, advertising or marketing of the Branition Platform or our business partners, in any and all media or distribution methods (now known or later developed), including via means of automated distribution, such as through an application programming interface (also known as an “API”). You agree that this license includes the right for Branition to make Your User Content available to other companies, organizations, business partners, or individuals who collaborate with Branition for the syndication, broadcast, communication, and making available to the public, distribution, or publication of Your User Content on the Branition Platform or through other media or distribution methods. This license also includes the right for other users of the Branition Platform and individuals to use, copy, reproduce, adapt, modify, create derivative works from, publish, transmit, display, distribute, translate, communicate and make available to the public Your User Content, subject to our Terms of Service.

You agree that we may modify, adapt, or create derivative works from Your User Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media channels with or without providing attribution or credit to you or to cite you as the owner of such User Content.

You agree that we may delete metadata linked with Your User Content, and you irrevocably renounce any moral rights or attribution claims you may have with respect to Your User Content.

You also agree that we have the right to, in our own sole discretion, refuse to publish Your User Content or remove any User Content, in whole or part, at any time that, violates any of our policies including but not limited to our Logo Upload Policy or Terms or is in any way harmful or objectionable or for any other reason or no reason with or without informing you.

You alone are accountable for all interactions with other Users. We reserve the right to keep an eye on disputes and interactions between you and other Users, but we are not obligated to. We accept no liability for your interactions with other Users, or for the acts or inactions of any User.

By submitting Your User Content to the Branition platform, you represent and warrant that you have the ownership rights, or you have obtained all necessary licenses or permissions to use Your User Content and grant us the rights to use Your User Content in accordance with this Agreement and that posting or submitting Your User Content does not violate any intellectual property or personal rights of others, or any applicable law or regulation, including any laws or regulations requiring disclosure. You take complete responsibility for not infringing on the intellectual property or personal rights of others, as well as breaking laws and regulations, in connection with Your User Content.

User Content Prohibitions

In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We retain the right to limit, terminate, or prevent access to your use of the Service for any reason, as well as to refuse or delete any of Your User Content from public display.

Third-Party Content, Advertisements, and Promotions

Links to third-party websites, products, or services may be found on the Service and may have been placed by users, partners, affiliates, or advertisers (collectively, "Third-Party Content"). We have no control over third-party content, and we are not responsible for any third-party websites, products, or services. Third-Party Content is used at your own risk, therefore before entering in any transaction involving such Third-Party Content, you should conduct whatever research you deem necessary.

Additionally, sponsored Third-Party Content or advertising may be included on the Service. You understand and agree that we may show advertising in conjunction with the display of any Content or information on the Services, including Your Content, and that the kind, extent, and targeting of advertisements are subject to change.

Intellectual Property Rights

This Agreement does not transfer to you any intellectual property owned by Branition or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Branition. All trademarks, service marks, graphics, and logos used in connection with our platform or Services, are trademarks or registered trademarks or property of Branition or Branition licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third-parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Branition or third-party trademarks.

Feedback

We value hearing from our users and are always interested in learning about ways we can make Branition better. Any ideas, comments, suggestions, and feedback about Branition or our Services that you provide to us are entirely voluntary, and you agree that we may use such ideas, comments, suggestions, and feedback freely without any restriction, attribution, compensation, or obligation to you and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You also agree that Branition has the right to use any similar or related feedback that was previously known to Branition, created by its employees, or acquired from sources other than you. This right is not waived by Branition accepting your submission.

Copyright Infringement

Branition respects the intellectual property rights of others and we expect people on Branition to do the same. It’s our policy—in appropriate circumstances and at our discretion—to disable or terminate the accounts of people who repeatedly infringe or are repeatedly charged with infringing copyrights or other intellectual property rights. We’ll try to respond quickly to claims of copyright infringement on Branition that are reported to us.

If you’re a copyright owner or authorized to act on behalf of one, you can report alleged copyright infringements on Branition by sending the required details stated below and sending to the following email address: [email protected] with the subject line "Copyright infringement".

When we get your copyright notice, we’ll try to take whatever action we think is appropriate where possible, which may include removing the reported content from Branition.

To submit a content copyright notice, please provide the below details along with your message:

1. Identify the copyrighted work you believe has been infringed. If you’re reporting multiple copyrighted works, you can provide a representative list of those copyrighted works.

2. Identify the content on Branition you claim to be infringing your rights, including the information we need to help us find it, like the URL to the page on Branition.

3. Proof that the content belongs to you or is infringing copyrights or other intellectual property rights.

Disclaimer of Warranty

YOU AGREE THAT YOUR USE OF OUR SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT SUCH SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL, OR STATUTORY INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, RELIABLE, CURRENT, TIMELY, SECURE, OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR TO ANYTHING RELATED TO YOU OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

BRANITION DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR CONNECTED TO THE SERVICES, OR FOR ANY THIRD-PARTY OR USER'S ACTIONS. WHILE WE MAKE AN EFFORT TO ENSURE THAT YOUR ACCESS TO AND USE OF OUR SERVICES IS SECURE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SYSTEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ALSO MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR PROMOTED IN THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BRANITION, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO ANY PERSON FOR (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OR CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) OR ANYTHING, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF BRANITION HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES.(B) WE WILL NOT BE RESPONSIBLE FOR INSECURITY, LOSS, OR MISUSE WITH YOUR PROFILE INCLUDING YOUR PERSONAL INFORMATION SUCH AS YOUR NAME, EMAIL ADDRESS, PROFILE PICTURE, POSTS, STATISTICS OR ANY FORM OF DATA THAT IS RELATED TO YOU.

THE LIMITATIONS SET FORTH ABOVE WILL ALSO APPLY TO ANY LOSSES AND DAMAGES YOU MIGHT SUSTAIN AS A RESULT OF ANY CONTENT OR SERVICES THAT WERE RECEIVED BY YOU THROUGH THE SERVICE, THOSE THAT WERE ADVERTISED ON THE SERVICE, OR THOSE THAT WERE OBTAINED BY YOU FROM ANY OTHER THIRD PARTIES BESIDES BRANITION. YOU ALSO AGREE THAT BRANITION WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.

YOU HEREBY EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL WITH REGARD TO ANY DISPUTE ARISING OUT OF OR RELATING TO THE SERVICE AND/OR THE TERMS, AS WELL AS YOUR RIGHT TO JOIN A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS, INVOLVING SUCH A DISPUTE.

Indemnity

You agree to indemnify and hold Branition and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any willful misconduct on your part.

Security

If you create an account in Branition, you are responsible for maintaining the security of your account and its User Content and all activities that occur under the account, and any other actions taken in connection with it. Branition is concerned with the accuracy and safety of your personal data. We cannot, however, guarantee that unauthorized parties won't ever be able to circumvent our security measures or misuse your personal data. You acknowledge that providing your personal information and User Content is at your own risk. You are solely responsible for all interactions with the Services involving your User Content. You agree to immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Backups and Storage Practices

We are not responsible for Content residing in Branition. In no event shall we be held liable for any loss of any User Content. It is your sole responsibility to maintain an appropriate backup of your User Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your User Content that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the User Content you need will be available. We reserve the right to mark or treat as "inactive", and archive or delete accounts and/or User Content that are inactive for an extended period of time, as determined by us in our sole discretion.

Monitoring and Termination

We reserve the right to monitor all the User Content and user activity including but not limited to User messages and conversations to ensure that these Terms are being followed or for any reason or no reason in our sole discretion.

We reserve the right to modify the Service, stop providing the Service or features of the Service, or impose usage restrictions on the Service without notice. You agree that your access to the Service may be terminated or suspended by us at any time, permanently or temporarily, without notice or liability, including if we determine that you have violated any term of these terms or for no reason at all. In our sole discretion, we have the right to remove or refuse to post any User Content for any reason or no reason at all. We won't be responsible if any User Content you provide to the Service is lost or corrupted. Upon termination for any reason or no reason, you continue to be bound by these Terms.

Changes to these Terms

We may revise and modify this Agreement (including our Privacy Policy and Logo Upload Policy) at any time, in our sole discretion. When we do, we will revise the updated date at the bottom of this page and the most current version of the Agreement will always be posted on our website. By continuing to access or use Branition, you agree to be bound by the new Terms. If you do not agree to the new Terms, please stop using Branition.

Contacting

If you have any questions about this Agreement, please contact us through this address: [email protected].

This document was last updated on October 6, 2024