Terms Of Use
Welcome to the BrandDoozie Website located at www.branddoozie.com (the “Website”) owned and operated BrandDoozie.
IMPORTANT - PLEASE READ CAREFULLY: THESE TERMS OF USE ALONG WITH ANY POLICIES, AS DEFINED BELOW AND INCORPORATED HEREIN BY REFERENCE, (COLLECTIVELY THE “TERMS”) ARE A LEGALLY BINDING AGREEMENT BETWEEN BRANDDDOOZIE AND YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND SETS FORTH THE TERMS AND CONDITIONS ON WHICH YOU MAY ACCESS AND USE THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCESS OR USE THE WEBSITE. IN ADDITION, WHEN USING PARTICULAR FEATURES OF THE SERVICE PROVIDED THROUGH THE WEBSITE, YOU MAY BE SUBJECT TO ADDITIONAL GUIDELINES, RULES, AND TERMS AND CONDITIONS APPLICABLE TO SUCH FEATURES. ALL SUCH GUIDELINES, RULES, AND TERMS AND CONDITIONS ARE HEREBY INCORPORATED BY REFERENCE INTO THE AGREEMENT.
1. YOUR ACCEPTANCE. By opening, accessing, downloading browsing or otherwise using, in any way, the Website including, any service or feature on the Website and BrandDoozie Content (as defined below), You consent to, and are bound by, these Terms. In order to use the Website, You must be 18 or over, or of the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms on Your behalf. BrandDoozie Content means all information, data, text, software, music, sounds, images, photographs, graphics, videos, web-casts, messages, tags, or other materials that are available on, or through, the Website.
2. POLICIES. Your use of the Website is subject to all applicable technical and non-technical specifications, guidelines and policies which BrandDoozie may provide from time to time including but not limited to the Privacy Policy (hereinafter collectively referred to as “the Policies”). You agree and undertake to comply with the Policies.
3. MODIFICATIONS. BrandDoozie may modify the Terms from time to time, in its sole discretion, or may modify, suspend or discontinue, temporarily or permanently, the Website or any part or feature thereof, with or without notice, and without liability to You. Modifications to these Terms, including, but not limited to, any Policies, will be posted on the relevant area of the Website and will be effective immediately upon posting. You agree to review the Terms from time to time to ensure you are updated as to any modifications. By continuing to use the Website following any such modifications, You accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE WEBSITE.
4. REGISTRATION. You are not required to register in order to access the Website. In order to use certain features of the Website including, without limitation, the BrandDoozie Service, You will have to register and create a unique, password-protected account (“Your Account”). You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. BrandDoozie reserves the right to delete Your Account without warning if you are found to have misrepresented your age or any of the registration information submitted. You are responsible for maintaining the confidentiality of your password and email address. You agree to (a) immediately notify BrandDoozie of any unauthorized use of your password or account, or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You will be solely responsible for safeguarding Your password and also for any actions under Your password and Account, whether authorized by You or not. BrandDoozie cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
5. OWNERSHIP. You acknowledge and agree that the Website uses and contains proprietary and confidential technology and information owned by, or licensed to, BrandDoozie and protected by applicable intellectual property and other laws and international treaties. BrandDoozie Content displayed on or through the Website is copyrighted by BrandDoozie and its licensors under United States and international copyright laws. Other than with respect to Your Submissions (as defined below), and as expressly set forth in this Agreement, the BrandDoozie Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of BrandDoozie. You must abide by all copyright notices, information, or restrictions contained in or attached to any BrandDoozie Content. BrandDoozie and the BrandDoozie logo, as well as certain other of the words and logos displayed on the Website, constitute trademarks, trade names, or service marks (“Marks”) of BrandDoozie or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with BrandDoozie or those other entities. Your Submissions includes all content, including Your Feedback (as defined below), that You upload, post, publish, display or otherwise make available on, or through, the Website.
6. YOUR PERMISSION. Subject to Your acceptance and compliance with the Terms, BrandDoozie hereby grants You permission to access and use the Website, provided that You shall not (and not allow third party to): (i) modify, adapt, translate, or reverse engineer any portion of the Website; (ii) remove any copyright, trademark or other proprietary rights notices contained in or on the Website or in or on any content or other material obtained via the Website; (iii) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website; (iv) access, retrieve or index any portion of the Website for purposes of constructing or populating a searchable database of business reviews; (v) collect or harvest any information about other users or members (including usernames and/or email addresses) for any purpose; (vi) reformat or frame any portion of the web pages that are part of the Website; (vii) create user accounts by automated means or under false or fraudulent pretenses; (viii) create or transmit unwanted electronic communications such as “spam” to other users or members of the Website or otherwise interfere with other users’ or members’ enjoyment of the Website; (ix) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (x) use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including any material that may be deemed threatening or obscene; (xi) copy or store any BrandDoozie Content offered on the Website for other than your own personal, non-commercial use (except as expressly licensed as part of the BrandDoozie Service under the BrandDoozie Service Agreement); (xii) use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website; (xiii) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; (xiv) use the Website intentionally or unintentionally, to violate any applicable local, state, national or international law; or (xv) collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
7. YOUR SUBMISSIONS
7.1 Your Ownership Rights. Subject to the licenses You are granting hereunder, You retain all right, title and interest, including without limitation all worldwide intellectual property rights, in and to Your Submissions. We shall not acquire any right, title or interest in or to Your Submissions, except as provided herein.
7.2 BrandDoozie License. You hereby grant BrandDoozie a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sub-licensable and transferable right and license, with a right to sub-license, to use, reproduce, store, host, index, cache, distribute (through multiple tiers), publicly perform, publicly display, (each of the foregoing in any form, medium or technology now known or later developed), modify and adapt including without limitation the right to adapt for streaming, downloading, broadcasting, distribution, publicly displaying, publicly performing (each of the foregoing in any form, medium or technology now known or later developed), create derivative works from, and exercise all aforesaid rights with respect to such derivative works, and otherwise exploit in any manner, Your Submissions or any part thereof. You hereby expressly waive any and all so-called moral rights You may have in Your Submissions.
7.3 Your Feedback. As part of the Website, BrandDoozie may provide bulletin boards, blogs, instant messaging, wikis and the like for posting user feedback, comments or other input on the Website (“Your Feedback”). You understand and acknowledge that, subject and pursuant to the licenses set forth hereunder, BrandDoozie may display Your Feedback on the Website and use it for other marketing and business activities. In addition, BrandDoozie may in its sole discretion decide not to use Your Feedback, delete it from the Website, and even edit Your Feedback for both content and format. You hereby expressly waive any and all so-called moral rights You may have in Your Feedback.
7.4 Pornographic Content. You will not use the Website to display, distribute or make available any material that is sexual, pornographic, erotic, obscene, indecent or profane in its use of sexual language or description or depictions of sexual acts (hereinafter, “Pornographic Content”) nor upload, email, post, publish, distribute, transmit, submit or otherwise make available through the Website any Pornographic Content. If BrandDoozie finds a Submission or other content that it determines, in its sole discretion, contains Pornographic Content, BrandDoozie may, without notice, remove or block access to such content and terminate Your Account.
7.5 Infringing Content. You will not use the Website for any purpose or in any manner that infringes the intellectual property rights of any third party. You will not upload, email, post, publish, distribute, transmit, submit or otherwise make available through the Website any content that infringes the intellectual property rights of any third party. If BrandDoozie finds content that it determines, in its sole discretion, contains infringing content, BrandDoozie may, without notice, remove or block access to such content and terminate Your Account. Without limiting the foregoing, Your use of the Website is governed by the BrandDoozie Copyright Policy contained in Section 8.
7.6 Authority. You hereby represent and warrant to BrandDoozie that: (i) You have all the requisite power and authority, corporate or otherwise, to enter into this Agreement, conduct Yourself and Your business and to execute, deliver, and perform all of Your obligations under this Agreement; (ii) You are the owner - or the authorized agent of the owner - of Your Submissions and Feedback; (iii) You have the right to grant the licenses granted under this Agreement; (iv) Your performance under this Agreement and/or the rights granted herein do not and will not conflict with or result in a breach or violation of any of the terms or provisions, or constitute a default under any contract or agreement, to which You are currently bound or will become bound in the future; (v) Your performance under this Agreement will comply with all applicable laws, rules and regulations (including, without limitation, export control, privacy and obscenity laws), domestic or foreign. In addition, You hereby represent and warrant that Your Submissions and Feedback and BrandDoozie’s use thereof pursuant to this Agreement, (i) do not and will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right; (ii) do not contain Pornographic Content; (iii) are not fraudulent, misleading, hateful, tortuous, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene; (iv) do not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another party’s use of the Website; (v) do not promote illegal or harmful activities or substances or provide instructional information about activities such as making or buying illegal weapons or substances; (vi) are not illegal, unlawful or contrary to the laws or regulations in any state or country where, as applicable, Your Submissions are created, displayed or accessed; (vii) do not contain any adware, malware, spyware, computer programming routines, software or viruses that are intended to damage, interfere with or in any way limit the functionality of any computer software or hardware or telecommunications equipment, intercept or expropriate any system data or personal information, permit unauthorized access to the Service or any part thereof or disable, damage or erase any portion of the content or advertisements processed or stored therein; or (viii) do not constitute unsolicited bulk email, junk mail, spam or chain letters.
8. COPYRIGHT POLICY.
8.1 Policy. It is BrandDoozie’s policy to comply with the DMCA or any equivalent law in other countries where the Website is made accessible. BrandDoozie shall: (i) block access to, or remove material that it believes in good faith infringes copyright of a third party; and (ii) remove and discontinue service to repeat infringers.
8.2 Copyright Notice. Copyright owners or any agents thereof who believe that any content on the Website infringes upon their copyrights may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing ( see 17 U.S.C 512(c)(3) for further detail):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. 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;
iii. 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;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. A statement that you have 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; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
vii. Such written notice should be sent to our designated agent as follows:
Copyright Dept.
BrandDoozie
One Technology, Suite J-709
Irvine, CA 92618
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
8.3 Counter-Notification. If You elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
i. A physical or electronic signature of the subscriber.
ii. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
iii. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
iv. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
9. INDEMNITY. You will indemnify, defend and hold BrandDoozie and its officers, directors, employees, shareholders, successors, agents, affiliates, subsidiaries and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors (collectively the “BrandDoozie Entities”) harmless from and against any claims, liabilities, losses, costs, damages or expenses including reasonable attorneys’ fees and costs, directly or indirectly, arising out of or in any way relating to: (i) Your negligence or misconduct; (ii) Your Submissions or any other information or material You submit; (iii) Your conduct, including Your use of the Website; (iv) any violation or breach of this Agreement; or (v) any violation or infringement of any intellectual property, privacy, publicity, confidentiality or proprietary rights of any third-party as a result of Your use of the Website (collectively, the “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the BrandDoozie Entities. BrandDoozie shall have the right, in its sole discretion, to select its own legal counsel to defend BrandDoozie from any Claims (but by doing so shall not excuse Your indemnity obligations) and You shall be solely responsible for the payment of all BrandDoozie’s reasonable attorneys’ fees incurred in connection therewith. You shall notify BrandDoozie immediately if You become aware of any actual or potential claims, suits, actions, allegations or charges that could affect Your or BrandDoozie’s ability to fully perform their respective duties or to exercise its rights under this Agreement. You shall not, without the prior written approval of BrandDoozie, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against You, if such settlement or resolution results in any obligation or liability for BrandDoozie.
10. WARRANTY DISCLAIMER
10.1 Your use of the Website is at Your sole discretion and risk. The Website and all materials, information, products and services included therein, are provide on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. BRANDDOOZIE AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. USE OF THE WEBSITE OR THE DOWNLOADING OR OTHER USE OF ANY CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. BRANDDOOZIE ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE.
10.2 BRANDDOOZIE AND ITS LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE WEBSITE; (II) REGARDING THE CONTENT, SERVICES, ADVICE, INFORMATION OR LINKS PROVIDED BY ANY THIRD PARTY; (III) THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (IV) THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BRANDDOOZIE OR FROM YOUR USE OF THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
10.3 Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to You.
11. LIMITATION OF LIABILITY
11.1 BRANDDOOZIE ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE WEBSITE, ANY MATERIALS AVAILABLE TO YOU FROM OR THROUGH THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT BRANDDOOZIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BRANDDOOZIE’S LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BRANDDOOZIE FOR THE WEBSITE.
11.2 You acknowledge that the limitations set forth above are an essential basis of the bargain and of the allocation of risks between the parties. Some states or jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to You.
12. THIRD PARTY CONTENT. Website may provide links to third-party websites or resources and contain third-party advertisements. BrandDoozie has no control over such websites and resources and you acknowledge and agree that BrandDoozie is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that BrandDoozie shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) any sites or resources that Website provides links to or that provide links to the Website, or (ii) any content, goods, or services available on or through any such sites or resources. BrandDoozie takes no responsibility for third party advertisements which are posted on the Website nor does it take any responsibility for the goods or services provided by its advertisers. Your dealings with, or participation in promotions of, any third-party advertisers or other third-party providers of goods or services found on or through the Website and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider.
13. TERMINATION
You agree that BrandDoozie, in its sole discretion, may terminate your use of the Website, for any reason, including, without limitation, if BrandDoozie believes that you have violated or acted inconsistently with the Terms or any additional posted guidelines, rules, and terms and conditions applicable to any services provided through the Website. You agree that any termination of your access to the Website under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that BrandDoozie may immediately deactivate or delete your password and user name and all related information and files associated with it and/or bar any further access to such files or the Website. BrandDoozie shall not be liable to you or any third party for any termination of your access to the Website.
14. GENERAL
14.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is excluded and does not apply to this Agreement.
14.2 Assignment. You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of BrandDoozie. Any attempted assignment in violation of this Section will be null and void and of no force or effect. BrandDoozie may assign this Agreement freely at any time without notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party's permitted successors and assigns.
14.3 Waiver. The failure to require performance of any provision shall not affect BrandDoozie’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
14.4 Severability. If any portion of this Agreement is found to be unenforceable, such portion will be modified to reflect the parties' intention and only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement will remain in full force and effect.
14.5 Entire Agreement. This Agreement constitutes the entire and exclusive understanding and agreement between You and BrandDoozie regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral, between You and BrandDoozie relating to this subject matter.