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BrandStand® America, Inc. TERMS OF USE AND PRIVACY POLICY

Updated [10/04/2017]


ACCEPTANCE OF TERMS

Welcome to brandstandusa.com, BrandStand® America, Inc's. ("BrandStand® America", or "BSA") website ("Website"). Please read the Terms of Use and Privacy Policy (collectively "Agreement") carefully before using the Website. BSA may make changes to the Agreement or to the Website, services, and products from time to time, without notice. When Changes are made a new date will be reflected at the top of the Agreement. Such changes shall be effective immediately upon posting of the revised Agreement.

Your use of the Website is subject to your acceptance of this Agreement, which includes the following Terms of Use, Privacy Policy, and any future amendments. Your continued use of the Website following the posting of changes to this Agreement will be deemed your acceptance of those changes.

TERMS OF USE

Use of the Website is subject to these Terms of Use, which may be updated by BSA from time to time, with or without notice. The most current Terms of Use may be viewed at any time at: TERMS OF USE/PRIVACY

Eligibility

You must be eighteen (18) years or older to use the Website. By using the Website, you are representing and warranting that you are eighteen (18) years of age or older. In the event BSA becomes aware that you are under 18, BSA will terminate your registration.

General Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding use of the Website. You acknowledge that BSA materials are protected by copyright law and agree that you will not reprint, republish, or distribute any information found on the Website. Further, you acknowledge that all copyright, trademarks, design rights, patents and other intellectual property rights (whether registered or unregistered) pertaining to content featured on the Website, or related to any products and services provided by BrandStand® America belong to BrandStand® America and/or it's subsidiaries, partners or affiliates. Nothing in this Agreement grants you a right or license to use any trademark, design right or copyright owned or controlled by BrandStand® America or any of it's subsidiaries, partners or affiliates, or any other third party, except as expressly provided in this Agreement.

Changes to the Website

You agree and understand that the products and services BSA makes available through the Website may be modified by BSA's sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new products, new services, enhancements or modifications implemented after your initial access to the Website shall be subject to these Terms of Use. BSA does not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, profile information, sounds, photographs, graphics, video, messages or other materials made available via the Website by any user (all such items provided by users, collectively, "User Content"). Nonetheless, BSA reserves the right to investigate and take appropriate action, including legal action, in BSA's sole discretion, against anyone who violates these Terms of Use, including without limitation, by removing any User Content posted in violation of these Terms of Use, blocking such violators' use of the Website.

WARRANTY Disclaimers and Limitation of Liability

Your use of the Website is at your own risk. BrandStand® America makes no warranties or representations as to the materials, information, products, and services included in the Website and assumes no liability or responsibility for any errors or omissions therein. BrandStand® America expressly disclaims, to the fullest extent permitted by law, all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability and fitness for a particular purpose.

BrandStand® America disclaims any warranties for any information or advice obtained through it's Website.

BrandStand® America disclaims any warranties regarding the security, reliability, timeliness, and performance of it's services.® BrandStand® America shall not be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond it's reasonable control.

To the fullest extent permitted by law, BrandStand® America shall not be liable for any damages of any kind arising out of or related to the use of the Website or any links on the Website.® In no event shall BrandStand® America or any BrandStand® America entity be liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages, including any claim of lost profits, arising out of, or in connection with, this Agreement.

BrandStand® America also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any materials from the Website.

Use of Information

You may not use information available on the Website for any purpose other than the purposes expressly permitted in this Agreement.

For instance, you may not use the Website, or any information made available via the Website to:

  1. Send out unsolicited e-mails or promotional materials;
  2. upload, post, e-mail, transmit, or otherwise make available any information, data, text, messages, or other materials ("Content") that is unlawful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
  3. impersonate any person or entity, or to otherwise falsely state your affiliation with a person or entity;
  4. manipulate identifiers to disguise the origin of any Content posted on the Website;
  5. upload, post, e-mail, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  6. upload, post, e-mail, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt the functionality of any computer equipment, mobile device or otherwise; or
  7. use any means of accessing the Website to collect or store personal data about other users without BrandStand® America's written consent.
  8. create or transmit to other users unsolicited electronic communications, such as "spam", or otherwise interfere with other users' enjoyment of the Website.

User Content Uploaded By You

Without limiting the generality of any other provisions of these Terms of Use, you agree:

License to Your User Content

By uploading User Content to the Website, you hereby grant, and represent and warrant that you own or control all rights and authority necessary to grant, (i) BSA, and respective contractors and business partners, an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, fully paid up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms of Use, all users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such user's personal use.

Ownership of Intellectual Property

As between you and BSA, the Website, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof, all improvements or modifications thereof, all derivative works based thereon, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by BSA or affiliated licensors. Nothing contained in these Terms of Use shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of BSA or any affiliated licensors.

Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Website or in connection with the products and services provided therein, are the property of BSA or affiliated licensors, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BSA. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the trademark owner.

Unless expressly granted, nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of ours.

Registered Members/Dealers

I. Linking to BrandStand® America

BrandStand® America has web-based content located at this Website. Only a registered member ("Dealer") who has signed a Dealer Registration Agreement (collectively "Dealer") shall have access to this linked content for use on its own websites, under the following conditions:

  1. Subject to the terms and conditions of the Dealer Registration Agreement, BrandStand® America hereby grants Dealer permission to link to contents in the original form provided by BrandStand® America and approved in the reasonable discretion of BrandStand® America. Such links shall not be utilized in any manner that may be deemed indiscreet, unsuitable or ambiguous by BrandStand® America or else the Dealer shall be required to take all necessary steps to assure that the link is removed from usage.
  2. There shall be no linking fee, royalty or other compensation for the services of either party or related to the relationship created by this Agreement.
  3. Neither party makes any representations, warranties or covenants with respect to the content of their respective websites and neither party shall be liable to the other party for any liability arising from the content of the other party's website. Neither party shall have the duty to inform the other of changes to their respective websites; each party having the duty to monitor the content of the website of the other party.
  4. Should the Dealer Registration Agreement be terminated pursuant to the terms and conditions therein, Dealer shall take all necessary steps to assure that any BrandStand® America linked content is removed from its website.

II. Anti-Spam Policy

This sets forth BSA's policy with regards to Dealers' use of "SPAM" marketing techniques in connection with Internet marketing. If BSA deems you to be in violation of these policies, BSA shall immediately revoke your membership rights and close any active account.

  1. BrandStand® America conforms to all US and Canadian Anti-SPAM legislation, and have a strict company policy against spamming. BSA forbids the sending of unsolicited mass e-mails or unsolicited e-mails of any kind in connection with the marketing of our products and services.
  2. BrandStand® America reserves the right to terminate your account and participation in our programs "for cause" if BSA deems you to be in violation of our anti-spamming policies. BrandStand® America also reserves the right to suspend your account pending review upon receipt of any complaint or other evidence that you may be engaging in any spamming activity.
  3. BrandStand® America considers spamming to be any activity whereby you directly or indirectly transmit email messages to any email address that has not explicitly solicited such email via OPT-IN standards, and does not consent to such transmission. BrandStand® America also considers spamming to constitute posting advertisements in newsgroups in violation of the terms of participation in such newsgroups that are off topic, or in newsgroups that do not specifically permit advertisements. BrandStand® America also considers it spamming when advertisements are placed on message boards or in chat rooms when they are not permitted by the terms of participation in such message boards and chat rooms.

If you are "spammed" by anyone regarding our products, services, website, or any other matters, please report this activity to webmaster@brandstandusa.com.

Indemnification

You agree to indemnify and hold BrandStand® America and its affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website or your violation of the Agreement.

Termination

BrandStand® America in its sole discretion may terminate your use of the Website and will not be liable to you for any loss as a result of this termination.

Jurisdiction

This Terms of Use and Privacy Policy will be governed and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any action based on or alleging a breach of this Agreement shall be brought only in a state or federal court located in Sarasota County, Florida. If BrandStand® America prevails in any such action, BrandStand® America shall be entitled to also recover our legal fees and costs.

General

If for any reason a court of competent jurisdiction finds any portion of this Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Agreement will be effective only if in writing and signed by BrandStand® America.



PRIVACY POLICY

Our Commitment to Privacy

BrandStand® America has created this Privacy Policy ("Policy") to demonstrate its ongoing commitment to privacy and to outline how it collects and uses information on its Website. This Policy does not apply to the practices of companies that BrandStand® America does not own or control, or to people that BrandStand® America does not employ or manage.

Information Collection and Use

BrandStand® America will not provide or sell your personal information to third parties except to fulfill your requests for products or services or when BSA has your consent.

BrandStand® America does not automatically collect any personally identifiable information, such as name, address, e-mail address, or phone number about users of it's Website. BSA collects personally identifiable information only if voluntarily provided. You may voluntarily provide BSA with this information when you register on the Website, sign up for e-mail updates, and/or submit comments and feedback. BSA may collect and use personal information to respond to your queries, to customize the advertising and content you see, to fulfill your requests for products and services, to improve BSA's services, and to conduct research. To the extent that you provide BSA with such information, BSA will not provide or sell this information to any other company or organization without your consent.

By voluntarily submitting such personal information for e-mail updates, you are consenting to receive e-mails from BrandStand® America from time to time regarding various sales, promotions, or events. BSA does not share your e-mail addresses with other organizations for commercial purposes unless you "opt-in" to receive e-mail offers from specially selected marketing partners of BrandStand® America. BSA's marketing partners may have different privacy policies than what BSA subscribes to. BSA encourages you to read their policies before responding to an offer.

If, at any time, you do not wish to receive e-mail updates from BrandStand® America, you may send a message to optout@brandstandusa.com requesting removal from BSA's e-mail list.

If you provide BSA with your postal address, you may receive periodic mailings from BSA. If you would rather not receive such mailings, please call or write to let BSA know.

BrandStand® America may use your personal information to fulfill your requests for products or services.® If you establish a credit account with BrandStand® America or BSA's providers, BSA will collect additional information, including billing information, credit card number and expiration date, and tracking information from checks or money orders.

Aggregate Information

BrandStand® America may use small text files called cookies to track user trends and improve your overall Website experience. A cookie is a piece of data containing non-personal information about the user and stored on the user's hard drive. You may refuse cookies in your browser, but some of the features and services of the Website may not function properly as a result.

BrandStand® America reserves the right to track non-personal information about visitors to it's Website, for general purposes including, but not limited to, improving BSA's services, marketing, advertising, or research purposes. Non-personal information may include without limitation: the total number of visitors to the Website, the number of visitors to each page of the Website, the URL that the visitor has come from and goes to next (whether this URL is on it's Website or not), the Internet browser being used, the type of operating system used, the visitor's location, the visitor's IP address, and the services purchased. Such aggregate information may be used for site administration purposes, to analyze trends, to gather broad demographic information, and to help BSA learns which parts of BSA's Website users are visiting.

Opt-Out

If BrandStand® America proposes to use non-aggregate information for marketing purposes or to sell to third parties, BSA will notify users at the time BSA collects the information and allow them to opt-out of having the information used for those purposes. In the event that BSA would seek to share information that was previously collected, BSA will notify such users via e-mail and allow them the option of opting out of having this information disclosed.

Disclosure

BrandStand® America may transfer personal information if BrandStand® America is acquired by, or merged with another company. In this event, BrandStand® America will provide notice, on this Website or otherwise, should your personal information be transferred and become subject to a different privacy policy.

BrandStand® America also reserves the right to release current or past user information to third parties for limited purposes in the event BrandStand® America believes that usage is:

  1. in violation of this Agreement;
  2. used to commit unlawful acts; and/or
  3. required to be disclosed to prevent fraud or imminent harm or to comply with applicable laws, regulations, or legal process.

Information Security

BrandStand® America is committed to protecting your personal information from unauthorized access. In order to safeguard your information, BSA updates and test its technology on a regular basis, restricts access to your information internally, and requires outside companies to whom BSA provides your information for marketing, servicing, or processing purposes to restrict the use of the information to those purposes.

Updating Personal Information

You can edit your account information at any time. In order to protect BSA users' personal information, BSA will ask you to identify yourself and the information to be accessed, corrected, or removed before processing your requests.

Intellectual Property Overview

BrandStand® America respects the intellectual property rights of others and expects its users to be equally respectful. Thus, it is BSA's policy, in appropriate circumstances and at BSA's discretion, to disable and/or terminate the accounts of users who may infringe the copyrights, trademarks, trade dress or other intellectual property rights of BrandStand® America and of others, including any unauthorized use of the BrandStand® America name, logo, graphics or any indicia of origin in connection with the Website, products, services, advertising, or otherwise.

BrandStand® America has no responsibility for content on other websites that you may access via links or otherwise, when using it's Website. Material available on or through other websites may be protected by copyright and the Intellectual Property laws of the United States and/or other countries. The terms of use of those websites govern your use of that content.

Copyright Violations (DMCA Notice)

If you believe any User Content or any other aspect of the Website infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:

  1. A description of the copyrighted work that you claim has been infringed;
  2. A description of where the material that you claim is infringing is located on the Website;
  3. Your address, telephone number and email address;
  4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and
  6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

BrandStand® America's designated copyright agent for notice of claims of copyright infringement on the Site may be reached at the following address:

Attn: Copyright Agent
BrandStand® America, Inc.
221 Blue Juniper Blvd. Venice, FL. 34292

Or by email: dmca-agent@brandstandusa.com

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to BSA's above-designated copyright agent:

  1. Your physical or electronic signature;
  2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the Southern District of Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by BSA's copyright agent, BSA may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at BSA's sole discretion.

Contacting BrandStand® America

BrandStand® America is committed to providing it's users with the highest quality service. If you have any questions about this Privacy Policy, the terms and conditions of this Website, or your dealings with this Website, please contact BrandStand® America's webmaster at: webmaster@brandstandusa.com

Effective date: [10/04/2017]

© 2016-2017 | BrandStand® America, Inc.