September 2015
Welcome to the Brandpage.net website / service which is operated by Brandpage Ltd (in this Agreement, “Brandpage”, “Brandpage.net, “we”, “us” or “our”).
Our basic Brandpage service is free to use and we will offer more advanced features in the future. Our service is designed to give you as much freedom, control and ownership over your Brandpage content as possible. However, we also encourage you to be responsible in what you publish on your pages. In particular, make sure that no prohibited items such as spam, viruses, hate content, pirated, offensive or copyrighted material etc. appear on or get linked to from your pages. We do not claim any intellectual property rights whatsoever in / of your content.
If you find a Brandpage account that you believe violates our terms of service, please report it to support@brandpage.net.
The following Terms & Conditions govern all use of the Brandpage website (in this Agreement “Website”) and all content, services and products available at or through the Website. The Website is owned and operated by Brandpage Ltd (“Brandpage”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Brandpage Ltd Privacy Policy) and procedures that may be published from time to time on this Website by Brandpage Ltd (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Brandpage Ltd, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Your Brandpage Account and Website
If you create an account on the Website you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not add images or content to your pages in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. Brandpage may change or remove any page that it considers inappropriate or unlawful, or otherwise likely to cause Brandpage liability. You must immediately notify Brandpage of any unauthorised uses of your account or any other breaches of security. Brandpage 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.
2. Responsibility of Contributors
If you operate an account, post images, link files, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), is entirely your responsibility along with any harm resulting from that Content. That is the case regardless of whether the Content in question constitutes text, graphics, audio files, video files, or computer software. By making Content available, you represent and warrant that:
- The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- The content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- The content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- The content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- Your account or pages are not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- Your pages are not named in a manner that misleads your readers into thinking that you are another person or company. For example, your page URL or name is not the name of a person other than yourself or company other than your own; and
Brandpage acknowledges that the files you share in your pages are the exclusive domain of you as a user. We do not claim any intellectual property rights whatsoever to your files.
Without limiting any of those representations or warranties, Brandpage Ltd has the right (though not the obligation) to, in Brandpage’s sole discretion (i) refuse or remove any content that, in Brandpage’s reasonable opinion, violates any Brandpage policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Brandpage’s sole discretion. Brandpage will have no obligation to provide a refund of any amounts previously paid.
3. Responsibility of Website Visitors
Brandpage has not reviewed, and cannot review, all of the material, including images and text, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Brandpage Ltd does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Brandpage Ltd disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including images and text, made available through the websites and webpages to which Brandpage.net links, and that link to Brandpage. Brandpage Ltd does not have any control over those non-Brandpage websites and webpages, and is not responsible for their contents or their use. By linking to a non-Brandpage website or webpage, Brandpage Ltd does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Brandpage Ltd disclaims any responsibility for any harm resulting from your use of non-Brandpage websites and webpages.
5. Copyright Infringement and DMCA Policy
As Brandpage Ltd asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by brandpage.net violates your copyright, you are encouraged to notify Brandpage Ltd in accordance with Automattic’s Digital Millennium Copyright Act (“DMCA”) Policy. Brandpage Ltd will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Brandpage Ltd will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Brandpage Ltd or others. In the case of such termination, Brandpage Ltd will have no obligation to provide a refund of any amounts previously paid to Brandpage Ltd.
6. Intellectual Property
The information contained on Brandpage, such as text, pictures, photographs and illustrations, which have been the subject of substantial investments, are protected. But for some legal exceptions none of the trademarks on this website belong to Brandpage Ltd, its licensors or third parties. It is not allowed to place one or more of these marks and logos on your own site or to use it in any other way without the prior written consent of Brandpage or the licensor or third party in question.
7. Advertisements
Brandpage Ltd reserves the right to display advertisements on the site.
8. Attribution
Brandpage Ltd reserves the right to display attribution on pages, such as ‘Powered by Brandpage. These credits may not be altered or removed.
9. Changes
Brandpage Ltd reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Brandpage Ltd may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
10. Termination
Brandpage Ltd may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Brandpage account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties
The Website is provided “as is”. Brandpage Ltd and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Brandpage Ltd nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
12. Limitation of Liability
In no event will Brandpage Ltd, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Brandpage Ltd under this agreement during the twelve (12) month period prior to the cause of action. Brandpage Ltd shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the Brandpage Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
14. Indemnification
You agree to indemnify and hold harmless Brandpage Ltd, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.