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BRANDED TERMS OF USE

1.  Acceptance of terms

These terms of use are entered into by and between you and your company (“you”) and BRANDED, Inc (“BRANDED,” “we,” or “us”). The following terms and conditions, together with any documents incorporated by reference (including our  Privacy Policy) (together, these “Terms of Use”), govern your access to and use of www.branded-agency.com (the “Website”), including any content, functionality, and services offered through the Website. We may update the content on this Website from time to time, however we are not bound to do so and its content is not necessarily complete or up to date.

Please read the Terms of Use carefully before you use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our  Privacy Policy . If you do not agree to these Terms of Use, you must not access or use the Website. By entering this Website, you agree that this Website is subject to United States law. If you access and use this Website from other locations, you must comply with any local laws applicable to you. BRANDED makes no representations that the materials contained within this Website are appropriate for locations outside the United States.

 

2. Trademarks and Intellectual Property ownership

The Website and its contents, features, and functionality are owned by BRANDED, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The BRANDED name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of BRANDED, its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

3. Your use of the Website

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • printing or downloading one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
  • storing files that are automatically cached by your web browser for display enhancement purposes;
  • if we provide desktop, mobile, or other applications for download, downloading a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and
  • if we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • alter or change copies of any materials from this Website;
  • use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or
  • delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, we reserve the right to withdraw your access to use the Website and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us.

4. Prohibited Uses

You may use the Website only for lawful purposes, in accordance with these Terms of Use, and agree at all times not to use the Website:

  • in any way that violates any applicable law or regulation;
  • for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information;
  • to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use;
  • to transmit any advertising or promotional material without our prior written consent;
  • to impersonate or attempt to impersonate BRANDED, a BRANDED employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.

You also agree not to:

  • use the Website in any manner that could disable, damage, or impair the Website or interfere with any other party’s use of the Website;
  • use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  • use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
  • use any device, software, or routine that interferes with the proper working of the Website;
  • introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • attempt to gain unauthorized access to, damage, or disrupt any parts of the Website, the server, or any server, computer, or database connected to the Website;
  • attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
  • otherwise attempt to interfere with the proper working of the Website.

5. Information about you and your visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

6. Linking to the Website and Social Media

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may from time to time provide certain social media features enabling you to:

  • link from your own or certain third-party websites to content on this Website;
  • send emails or other communications with content, or links to content, on this Website; and
  • cause content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and only in accordance with any terms and conditions provided in respect of such features. You may not:

  • establish a link from any website not owned by you;
  • cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
  • link to any part of the Website other than the homepage; or
  • otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. BRANDED reserves the right to withdraw linking permission and disable any social media features and links at any time without notice in our discretion.

7. Links from the Website

Although this Website may be linked to other sites, BRANDED is not implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering this Website you acknowledge and agree that BRANDED has not reviewed all the sites linked to the Website and is not responsible for the content of any off-site pages or any other site linked to the Website. Your linking to any other off-site pages or other sites is at your own risk.

8. Disclaimer of warranties

BRANDED provides no guarantee or warranty that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.

9. Warranty and Liability

All content information and materials contained in this Website are provided to you “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, title and non-infringement.

To the fullest extent provided by law, BRANDED will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.

In no event will BRANDED, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, arising out of or in connection with your use of the Website, any websites linked to it, any content on the Website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, and whether caused by tort (including negligence), breach of contract, or otherwise.

10. Indemnification

You hereby agree to defend, indemnify, and hold BRANDED, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from and against any claims, liabilities, damages, judgments, awards, expenses, or fees (arising out of or relating to your violation of these Terms of Use or your use of the Website.

11. Governing Law

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

12. Comments and communications

This website is operated by BRANDED Inc, 78 SW 7th Street Suite 500, Miami, Florida 33130.All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@branded-agency.com