This Site provides information about BRANDBOW and products and services that we may provide, and/or the means to use our Services. If you are dissatisfied with the Site, your sole and exclusive remedy is to discontinue use of the Site.
We reserve the right to revise these Terms or change or remove features of the Site at any time. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. We also reserve the right to charge a fee or increase an existing fee for any of our features at any time. If you do not approve of any such changes, you can stop using the Site at any time. Your continued use of the Site means that you accept and agree to be bound by the revised Terms.
Additional or different terms, conditions, or notices may apply to services offered through the Site or to specific materials, information, products, or software available through the Site. In general, additional terms will supplement these Terms. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms.
You may not share your account with anyone else. Please keep your password confidential, secure and unique (not used on other websites). If you believe your account has been compromised at any time, please notify BRANDBOW and/or your system administrator, if any.
You are solely responsible for the activity that occurs on your account, including the activities of others and regardless of whether such activities are authorized.
If you open an account or use the Site on behalf of a company, organization, or other entity, then “you” includes you and that entity, and you represent and warrant that you are authorized to grant all permissions and licenses provided in this Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
In consideration of your use of the Site, you represent that you are of an age to form a legal binding contract and you are not prohibited from receiving the Services under the laws of any applicable jurisdiction. The Site is directed to persons 18 years of age or older. BRANDBOW and the Site do not knowingly collect information from children under age 18. If you are under age 13, you are not permitted to use the Site or to submit any personally identifiable information to the Site. If you provide information to BRANDBOW through the Site, you represent and warrant that you are 18 years of age or older. If you are between 13 and 17 years of age, you may visit, browse, and use the information on the Site, but you may not submit any personal information to the Site, and you represent and warrant to BRANDBOW that you have the permission of your parent or guardian to use the Site and that your parent or guardian agrees to these Terms on your behalf.
You agree not to do any of the following: (1) upload to or transmit on the Site any defamatory, indecent, obscene, harassing, violent, or otherwise objectionable material, or any material that is, or may be, protected by copyright, without appropriate permission from the copyright owner; (2) use the Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept any electronic message not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Site any advertisements or solicitations of business; (6) restrict or inhibit use of the Site by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including email addresses and other personally identifiable information) without their consent; (9) download a file or software or include in a message any software, files, or links that you know, or have reason to believe, cannot be distributed legally over the Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Site); (10) post “spam”, transmit chain letters, or engage in other similar activities; or (11) engage in any other conduct that restricts or inhibits anyone’s use of the Site, or which, as determined by BRANDBOW, may harm BRANDBOW, Users or expose them to liability.
Any content, artwork, images, other material (including prices uploaded by you and any data entered or uploaded by you) and/or opinions uploaded, expressed, or submitted to any section of the Site (including password-protected areas), and all articles and responses to questions in the Site (collectively, “Content”), other than the content provided by BRANDBOW, are solely the Content, opinions, and responsibility of the person or entity submitting them or uploaded them and do not necessarily reflect the opinions of BRANDBOW. You understand and acknowledge that you are responsible for whatever Content you submit, and you, not BRANDBOW, have full responsibility for such Content, including its legality, reliability, and appropriateness.
By uploading or otherwise transmitting Content to BRANDBOW in any manner, including posting to a publicly available area of the BRANDBOW Site, you warrant the Content either (i) is your own; (ii) is in the public domain, (iii) you have the right to use such Content; or (iv) the Content is otherwise free of proprietary or other intellectual property restrictions of any kind; and that you have the right to submit it or post it to the BRANDBOW Site and grant BRANDBOW the rights set forth herein.
You understand that any postings, or Content submitted for posting, to publicly available portions of the BRANDBOW Site are non-confidential for all purposes. Except as otherwise specified by BRANDBOW at the time of submission, you grant to BRANDBOW, as well as BRANDBOW’s agents, licensees, and assigns an irrevocable, perpetual, transferable, royalty-free, sublicensable, non-exclusive right, license and permission to use, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, and/or display all Content submitted to BRANDBOW in any manner BRANDBOW chooses, in any format whatsoever, including incorporating it into other material or making a derivative work based on it. You also grant us the right to display your Content as an example on our own Website. Without those rights, we couldn’t offer our Services. Please be advised that the license and rights hereby granted to BRANDBOW continues even if you stop using our Site.
You agree to indemnify, release and hold BRANDBOW harmless from any and all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content you post (collectively, “Content Claims”).BRANDBOW reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Site that BRANDBOW, in its sole discretion, deems inconsistent with the foregoing commitments, including any material BRANDBOW has been notified, or has reason to believe, constitutes a copyright or trademark infringement; and (2) terminate any User’s access to all or part of the Site. However, BRANDBOW can neither review all material before it is posted on the Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, BRANDBOW assumes no liability for any action or inaction regarding transmissions, communications, or content provided by third parties. BRANDBOW reserves the right to take any action it deems necessary to protect the personal safety of Users of this Site and the public; however, BRANDBOW has no liability or responsibility to anyone for performance or non-performance of the activities described in this paragraph.
We are not responsible for, and do not endorse, Content posted by any other Person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by a third party.
Your failure to comply with the provisions above may result in the termination of your access to the BRANDBOW Site and may expose you to civil and/or criminal liability.
If you choose to correspond, participate in a promotion, or engage in transactions with any other organization or business found on or through this Site, including, without limitation, any of our partners and/or affiliates, or any Service User, you acknowledge and agree that BRANDBOW is not a party to, and will not be responsible for, your interaction with such organization or business, including its treatment of your information and the terms and conditions applicable to any transaction between you and such third party. The terms of your interaction with any third party are solely between you and such third party. You agree that BRANDBOW will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such organizations or businesses on this Site.9. LIABILITY BRANDBOW and its officers, directors, employees, and agents do not assume any liability for Content on or available through the Site. Reliance on the Content is solely at your own risk. BRANDBOW and its officers, directors, employees, and agents disclaim any liability for injury or damages resulting from the use of any Content.
THE SITE, CONTENT, SERVICES, AND PRODUCTS PROVIDED ON OR AVAILABLE THROUGH THIS SITE OR OTHERWISE THROUGH BRANDBOW OR ANY SERVICE USER ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER BRANDBOW NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY PERSON ASSOCIATED WITH BRANDBOW OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, CONTENT, OR SERVICES. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER BRANDBOW, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY PERSON ASSOCIATED WITH BRANDBOW OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WARRANTS OR REPRESENTS THAT THE SITE, CONTENT, OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITE, CONTENT OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. BRANDBOW DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.IN PARTICULAR AND WITHOUT LIMITING THE FOREGOING OR THE FOLLOWING, BRANDBOW DOES NOT REPRESENT OR WARRANT THAT ANY COLORS, FONTS, OR OTHER DEPICTION OR IMAGE ON ANY SITE OR ANY INPUT WILL BE IDENTICAL OR SIMILAR TO END PRODUCTS/OUTPUTS CREATED BY ANY SERVICE USER. USERS ARE HEREBY CAUTIONED THAT THE APPEARANCE OF PRODUCTS ON THE SITES MAY DIFFER, SOMETIMES SIGNIFICANTLY, FROM ACTUAL PRODUCTS PRODUCED AND/OR RECEIVED.BRANDBOW MAKES NO REPRESENTATIONS OF WARRANTY AS TO THE PRODUCTS OF ANY SERVICE USERS, OR THAT SERVICE USERS WILL BE ABLE TO CREATE OR PRINT ANY PARTICULAR CONTENT UPLOADED ONTO ANY SITE.IN NO EVENT WILL BRANDBOW OR ITS LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OR ANY PERSON ASSOCIATED THEREWITH, BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, CONTENT, SERVICES OR ANY LINKED SITE, INCLUDING ANY: DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM ANY PERSONAL INJURY, LOST PROFITS, OR DAMAGES RESULTING FROM: DELAY, COMPUTER FAILURE, INTERRUPTION IN SERVICE, LOSS OF DATA, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE, CONTENT, OR SERVICES; DAMAGE FROM ANY SECURITY BREACH OR ANY OTHER SECURITY INTRUSION OF ANY OF BRANDBOW, THIRD-PARTY VENDOR SUCH AS STRIPE, OR ANY USER; ACTS OR OMISSIONS OF ANY THIRD PARTY (INCLUDING ANY THIRD PARTY VENDOR SUCH AS STRIPE OR OTHER USER); OR VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY (INCLUDING ANY OTHER USER). WHETHER OR NOT, IN ANY CASE, THERE IS NEGLIGENCE BY BRANDBOW OR ITS LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND WHETHER OR NOT BRANDBOW OR ITS LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL BRANDBOW’S TOTAL LIABILITY UNDER THESE TERMS AND ANY SERVICE USER AGREEMENT, IF APPLICABLE, EXCEED $100.Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. If, for this reason, any of the above disclaimers or limitations of liability do not apply to you, the scope and duration or any such warranty and the extent of BRANDBOW’s liability to you shall be the minimum permitted under applicable law.
In addition to the indemnification provisions provided for in Section 4 regarding Content Claims, you agree to indemnify, defend, and hold harmless BRANDBOW and its officers, directors, employees, agents, affiliates, licensors, subsidiaries, service providers, and other acting in concert with it from and against any and all claims, losses, liabilities, expenses, damages, and costs, including, but not limited to, reasonable attorneys’ fees, fines, penalties, or taxes arising from your (or anyone using your account, computer, or software) (i) use of the Site, Content, Services, Software, or any products, services, or information obtained from this Site, (ii) violation of these Terms; (iii) other violation of the intellectual property rights of BRANDBOW or any third party; (iv) other liability incurred by us as a result of your use of the services provided by other third party vendor used as part of the Services; or (v) violation of any applicable, law or regulation.