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
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:
User Content Uploaded By You
License to Your User Content
Ownership of Intellectual Property
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.
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:
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.
If you are “spammed” by anyone regarding our products, services, website, or any other matters, please report this activity to email@example.com.
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.
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.
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.
Our Commitment to Privacy
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 firstname.lastname@example.org 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.
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.
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.
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:
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.
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:
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: email@example.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:
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
Effective date: [10/04/2017]