Your Account and Password.
In order to create an account and access the Services, You must provide Brand Networks LLC ("BN") with all required registration information via this websiteâs user interface (the "BN Interface"). You are solely responsible for maintaining the confidentiality of Your user name and password, and for all activities that occur under Your user name and password. You are solely responsible for all access to Your BN account by any person, whether authorized or not. If You become aware of any unauthorized use of Your account, user name, password or other account information, or any other breach of security involving or related to the Services, You must provide BN with written notice via email to firstname.lastname@example.org as soon as possible so that BN can suspend use of Your account and password until a new password is issued.
If you subscribe to one of BN's paid products, Your credit card will be charged periodically based on the subscription plan You have chosen. Unless specified otherwise in any other written agreement between You and BN, the subscription plan will cover a certain type of BN Services. BN reserves the right to modify its fees and to introduce new charges at any time, upon at least fourteen (14) days prior notice to You, which notice may be provided by e-mail or posted as a message within the interface of the BN Service.
Term and Termination.
You may terminate any subscription you have signed up for at any time by emailing written notice of Your desire to terminate to email@example.com with the proviso that such termination will only become effective at the end of the then-current billing cycle, and that no refunds will be issued for the current period's billed amount. b. Termination by BN. BN may, in our sole and absolute discretion, suspend or terminate Your account and Your ability to access and use all or any part of the Services at any time for any reason without notice, in which case BN will refund to You a pro-rata share of any prepayments for subscription services you may have already paid. c. Effect of Termination. Upon termination or expiration of this Agreement for any reason: (a) all rights and obligations of both parties, including all licenses granted hereunder, shall immediately terminate, (b) the BN Service, and (ii) information or data stored by BN on Your behalf will no longer be accessible to You, and any payment obligation existing as of the effective date of termination, will survive.
a. Grant of Rights. The BN Service is accessible to You via the Site. Subject to Your compliance with all the terms and conditions of this Agreement, BN hereby grants to You a non-exclusive, nontransferable license to access and use, by means of a web browser and unique password, the Site, the Services, the Licensed Material, and the BN software and related technology (collectively, the "BN Platform") solely in connection with the uses provided for on the BN Sites. b. Limitations on License. You acknowledge that the license set forth above conveys no title or ownership rights to the BN Platform. BN retains all right, title and interest in and to the BN Platform, and all information displayed therein, including without limitation, all trademarks, service marks, logos and content, together with all intellectual property rights thereto. You may not, in part or in full, modify, reproduce, copy, reverse engineer, decompile, reverse assemble or otherwise attempt to discover the source code or algorithms for the BN Platform or Services. You may not rent, sell, sublicense, assign, or otherwise transfer Your right to access and use the BN Platform or the Services. You agree that You will not use any device, software or routine to hack or interfere with the proper working of the Services, the BN Platform, or any connected networks. You further agree that You will not use any automated means, including, without limitation, agent, robots, scripts or spiders to access Your account or to monitor or copy the Services, or any component thereof. You further agree that You will not take any action that imposes an unreasonable or disproportionately large load on BN's infrastructure, as reasonably determined by BN. BN reserves the right to terminate Your account in such an event. You also agree that You will not aid others in doing any of the foregoing. BN reserves all rights not expressly granted hereunder.
Access to the BN Service.
You are solely responsible for providing and maintaining all hardware, software, electrical and other equipment required for Your access to the BN Service and the Site, including, without limitation, telecommunications and internet access connections. You understand that while BN employs measures to ensure that the Site and BN Service are accessible 24 hours a day/7 days a week, BN cannot guarantee the uninterrupted display or accessibility of the BN Service or the Site. In the event of any inaccessibility of the BN Service or Site due to reasons within BN's control, You acknowledge that BN's sole liability and obligation will be to restore access as soon as practicable. You further understand and acknowledge that: (a) the features of the BN Service are dependent on the ability to extract the relevant data from external systems, and (b) BN cannot ensure the availability of such data or the functionality of these partners or their services.,
Representations and Warranties.
You represent and warrant to BN that: (a) You have the power and authority to enter into this Agreement, including without limitation, the right to bind Your company to this Agreement if You are an individual entering into this Agreement on behalf of Your employer, and the right to bind Your client(s) if You are an agency entering into this Agreement on behalf of one or more of Your client(s), (b) Your entering into this Agreement will not be a breach or violation of any other contract or agreement to which You are bound, (c) You have all rights, licenses, permissions and releases necessary to grant the rights granted to BN in this Agreement, and (d) all information provided by You to us in connection with Your account, registration, or otherwise, including Your age and identity, is accurate.
Copyright Policy; Digital Millennium Copyright Act
BN respects the intellectual property rights of others. It is BN's policy, at its discretion and when appropriate, to terminate the accounts of users who may infringe or repeatedly infringe the copyrights of third parties. To submit a copyright infringement notification to BN, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the below-specified Copyright Agent with the following information in writing: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. 4. Information reasonably sufficient to permit US to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if You fail to comply with all of the requirements of the preceding paragraph, Your DMCA notice may not be valid. Please see 17 U.S.C. ÃÂ§ 512 for more information regarding the DMCA and DMCA notifications. Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows: By Email: firstname.lastname@example.org By Mail: DMCA Designated Agent Attn: Jonberto Yao, Brand Networks LLC, 100 Bush Street, Suite 780 San Francisco, CA 94104
THE BN SERVICE AND BN PLATFORM ARE PROVIDED ON AN "AS IS" BASIS AND BN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO SUCH MATERIALS INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, ACCESS OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BN MAKES NO WARRANTY AS TO THE BENEFIT YOU WILL OBTAIN OR ROI YOU WILL RECEIVE AS A RESULT OF YOUR USE OF THE BN SERVICE. YOU ASSUME SOLE RESPONSIBILITY FOR THE INPUTS YOU ENTER INTO THE BN SERVICE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR ANY ERRORS YOU MAKE IN ENTERING SUCH INPUTS. BN DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR AVAILABLE WITHOUT INTERRUPTIONS. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU.
Limitation of Liability.
IN NO EVENT SHALL BN BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, OR STRICT LIABILITY), OR FOR INTERRUPTED COMMUNICATIONS, LOSS OR USE, LOST BUSINESS, LOST DATA OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL BN BE LIABLE TO YOU FOR AN AGGREGATE AMOUNT GREATER THAN THE CUMULATIVE FEES RECEIVED BY BN HEREUNDER FROM YOU FOR SERVICES PERFORMED BY BN
You shall indemnify, defend and hold harmless BN, its subsidiaries and affiliates, and the respective partners, agents, officers, directors and employees of each of the foregoing, from and against any loss, cost, expense, claim, injury or damage (including, without limitation, reasonable attorneys' fees and expenses) (collectively, "Losses"), whether incurred due to third party claims or otherwise, arising or resulting from or caused by any breach by You of any representation, warranty, or provision contained in this Agreement.
Electronic Signatures and Agreements.
You acknowledge and agree that by creating an account, or by checking the "I ACCEPT" box or such similar box or link as may be designated by BN to provide payment for or register for the BN Service, You are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that Your electronic submissions constitute Your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE. Further, You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
Age and Eligibility.