Effective Date: July 14, 2012
Last Updated Date: July 15, 2020
I. Introduction and Eligibility
This agreement is a legally binding contract. It may change as our service changes, and you agree you will review it and any updates regularly.
Binding Agreement. These Terms constitute a binding agreement between you and Brandle, Inc. and its affiliates and subsidiaries (“Brandle,” “we,” “us”). “You” and “users” shall mean all visitors to the Brandle Service. You accept these Terms each time you access the Brandle Service. If you do not accept these Terms, you must not use the Brandle Service. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Brandle Service.
Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Brandle Service after a change to these Terms constitutes your binding acceptance of these Terms.
Children. No part of the Brandle Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS The Brandle Service.
The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Brandle Service.
II. The Brandle Service
The “Brandle Service” means the website located at www.Brandle.net and any associated mobile applications and Internet services under Brandle, Inc.’s control, whether partial or otherwise, in connection with providing the services provided by Brandle, Inc. at www.Brandle.net. The Brandle Service provides an online platform that allows you to discover, manage, and monitor your brand and “Points of Presence” (POP) that relate to your brand across the Internet. The Brandle Service will act as a registry of these “points of presence.”
“Points of Presence” or “POPs” mean public-facing Internet-based accounts, including websites, Twitter handles, and social network pages. A “POP” represents a piece of your online brand, such as a website, Twitter account, Facebook Page, other social network page or app.
You may have permission to use or manage a POP on behalf of an entity, but that entity has all rights to the POP. You may also have permission to monitor third party POPs, such as employee POPs for those employees who are part of a Brand Ambassador Program, however, that individual maintains ownership of their own POP.
“Relate” means to recognize a relationship between the corporate POPs in the Brandle service and the third-party POPs that associate with that corporation and placing these POPs into Brandle for monitoring. Potential types of relationships include: affiliate, employee, professional certification, organization membership, partner, and retailer.
POP License. Your license and authority to use a POP is governed by the terms and conditions of the entity providing the POP to you (e.g., Twitter,YouTube, Facebook, etc.). You agree to abide by the social networks’ terms and conditions applicable to you.
In addition, by placing a POP into Brandle you recognize that you are agreeing to have Brandle’s API access the available social network APIs to perform monitoring and update services. Brandle adheres to the API requirements of each social network, including Facebook, YouTube, LinkedIn and Twitter, to perform this work.
For your convenience, we've listed some of the most used sites with links to their main terms below (most terms also have additional policies linked to within the main terms). Note that we endeavor to keep these links updated, but they are subject to change. Regardless, you agree to locate and abide by all the third party terms that apply to you.
In addition to the normal procedure for deleting stored data under YouTube's Terms of Service, please be aware that users can revoke access to their data via the Google security settings page, located at: https://myaccount.google.com/permissions
Using the Brandle Service on Behalf of Another User. If you are invited to use the Brandle Service as an agent of another user, such as a company, you may be required to agree to additional terms and conditions prepared by that user, such as a social media policy. When you are given the authority to use POPs as an official representative of another user, you may be required to agree to a set of terms and conditions provided by the user. You also agree that as between you and the other user, the other user has all rights to the POPs, including future POPs, and such user may terminate your permission to use the POPs at any time. In other words, upon becoming an official representative of another user, you agree that all POPs in a Brandle tree are the property of the other user. We are not a party to such agreements and bear no responsibility or liability related to them.
Transfer of Control Of Brandle Account. We may allow you to transfer to a third party your account and the right to use and control your Account with our consent.
Social Sign-On. The Brandle Service may allow you to register and log in using sign-on functionality provided by social networks, such as Facebook. You agree to abide by the social networks’ terms and conditions applicable to you.
For your convenience, we've listed some of the most used sites with links to their main terms above (most terms also have additional policies linked to within the main terms)
Invite Others to Use the Brandle Service. You may use the Brandle Service to email others to invite them to register with the Brandle Service. You acknowledge and agree that you will send email invitations only to individuals who have given you their express permission to be contacted. Brandle, Inc. will utilize any means possible to block spammers and abusers from using the Brandle Service. If you believe spam originated from the Brandle Service, please email us immediately at support@Brandle.net.
III. Financial Matters
You may have to pay a fee to obtain the right to use and control a Brandle through the Brandle Service.
Brandle Service Fee. Brandle, Inc. may charge you fees to subscribe to a service plan and to use and control a Brandle through the Brandle Service. The amount of any fees may be revised by Brandle, Inc. from time to time and you can request a current fee schedule from a Brandle Ambassador. Such fee schedule is incorporated by reference into these Terms.
Brandle, Inc. may provide refunds at its discretion.
Refunds. We reserve the right, but are not obligated, to refund fees paid to us.
Brandle, Inc. will not collect or pay your taxes.
Taxes. “Taxes” include sales, use, value added, or transaction taxes and other government-imposed fees and charges. You are responsible for determining and paying the appropriate taxes resulting from a transaction occurring through the Brandle Service. Brandle, Inc. is not responsible for collecting, reporting, paying, or remitting to you any such taxes, unless required by law.
Currency. All monetary transactions take place in U.S. dollars.
You are responsible for all fees charged to make payments using payment processors through the Brandle Service.
Fees Charged by Third-Party Payment Processors. The Brandle Service uses third parties to process payments. Use of such third-party payment services is subject to their terms and conditions of use. Those third parties may charge fees to process payments, and Brandle, Inc. is not responsible for any fees charged by them. Brandle, Inc. disclaims all liability with regards to any fees or problems you have with third-party payment processors.IV. Account Creation and Use by an Agent
You agree that if you create an account and use the Brandle Service on behalf of a business entity (e.g., corporation), you have the necessary legal authority and capacity to do so as an authorized agent of the business entity. You agree that you have the authority to bind the business entity in legal agreements and contracts.
Brandle, Inc. may communicate with you by email or posting notice on the Brandle Service. You may request that we provide notice of security breaches in writing.
You agree to receive email from us at the email address you provided to us for customer service related purposes.
Electronic Notices. By using the Brandle Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Brandle Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Brandle Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at support@Brandle.net.VI. Brandle, Inc.’s Content Ownership and Use
Brandle, Inc. owns all of the content we create, but you may use it while you use the Brandle Service. You cannot use our logo without our written permission.
The contents of the Brandle Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Brandle, Inc. content (collectively, “Brandle Content”). All Brandle Content and the compilation (meaning the collection, arrangement, and assembly) of all Brandle Content are the property of Brandle, Inc. or its licensors and are protected under copyright, trademark, and other laws.
License to You. We authorize you, subject to these Terms, to access and use the Brandle Service and the Brandle Content solely for the use of Brandle Services, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Brandle Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Brandle Content on any copy you make of the Brandle Content.
Brandle Marks. Brandle, the Brandle logo, and other Brandle, Inc. logos and product and service names are or may be trademarks of Brandle, Inc. (the “Brandle Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Brandle Marks.
VII. Intellectual Property Rights and Your License to Use
You, or the people who allow you to use their content, own all of the content you post using the Brandle Service. However, we may use it for any purpose, including in our marketing materials. We may also modify your content to make it work better.It is very important that you have permission to use other people’s content or they may be able to sue you for violating their legal rights.
Brandle, Inc. Claims No Ownership. The Brandle Service may provide you with the ability to create, post, or share content or collect public logo and avatar content from your POPs (“Your User Content”). You or a third-party licensor, as appropriate, retain all intellectual property rights to Your User Content. You are responsible for protecting those rights.
Brandle, Inc.’s Use of Your User Content. By posting Your User Content on or through the Brandle Service, you grant Brandle, Inc. a world-wide, non-exclusive, royalty-free license to use or alter Your User Content for any purpose, including for the purpose of promoting Brandle, Inc. and our services. Brandle, Inc. will discontinue this licensed use within a commercially reasonable period after Your User Content is removed from the Brandle Service.
You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, through use of the Brandle Service, any right, title, or interest (including intellectual property rights) in content delivered via the Brandle Service.
You Must Have Rights To Trademarks Similar to or the Same as Patrolled Identities You Place in Your Account. We seek to provide brand protection and Discovery to the rightful owner of a Trademark. To that end, you represent and warrant that you will not place any identity into Brand Patrol that is identical or confusingly similar to any trademark owned by another party unless you are creating that patrolled identity as an official representative of, and with the explicit permission of, the trademark owner. You also represent and warrant that any identity you place into Brand Patrol does not violate any rights, including intellectual and contractual rights, of any person or entity. We may review and remove any identities at any time for any reason, including activity which, in our sole judgment: violates these Terms; violates applicable laws, rules, or regulations; or violates the rights of another person or entity.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own, or have the right to grant the license set forth in these Terms, the content you post on or through the Brandle Service, (ii) the posting of Your User Content on or through the Brandle Service does not violate any rights, including intellectual property or contractual rights, of any person or entity. You agree to pay all monies owing to any person as a result of posting Your User Content on the Brandle Service.
The Brandle Service contains content from users and other Brandle licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Brandle Service.
VIII. Copyright Policy
Let us know if you think a user has violated your copyright using the Brandle Service, or if you think someone incorrectly reported that you violated his or her copyright.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Brandle Service infringe your copyright, you (or your agent) may send Brandle, Inc. a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Brandle Service are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Brandle, Inc. to locate the material on the Brandle Service;
- Your name, address, telephone number, and email address (if available);
- 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Brandle, Inc. a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Brandle Service should be sent to Brandle, Inc. 19201 Sonoma Hwy, #381, Sonoma, CA 98290 (copyright@Brandle.net). Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
IX. Suggestions and Submissions
We appreciate your comments, but if you send us creative ideas, we can use them without compensating you.
We appreciate hearing from our users and welcome your comments regarding the Brandle Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:
- own, exclusively, all now known or later discovered rights to the creative ideas;
- not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
- be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
X. User Content Disclaimers, Limitations, and Prohibitions
You are responsible for your actions when using and relying on the Brandle Service or content available on the Brandle Service.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users (“User Content”). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Brandle Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
You are solely responsible for Your User Content on the Brandle Service. Brandle, Inc. does not endorse any, nor is it responsible for, User Content on the Brandle Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
Do not do bad things with the Brandle Service, try to break it, or steal our hard work.
You agree to use the Brandle Service only for its intended purpose. You must use the Brandle Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Brandle Service are prohibited. You may not:
- attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Brandle Service, user accounts, or the technology and equipment supporting the Brandle Service;
- frame or link to the Brandle Service without permission;
- use data mining, robots, or other data gathering devices on or through the Brandle Service;
- post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- disclose personal information about another person or harass, abuse, or post objectionable material;
- post advertising or marketing links or content, except as specifically allowed by these Terms;
- use the Brandle Service in an illegal way or to commit an illegal act in relation to the Brandle Service or that otherwise results in fines, penalties, and other liability to Brandle, Inc. or others; or
- access the Brandle Service from a jurisdiction where it is illegal or unauthorized.
XI. Consequences of Violating These Terms
If you do not act acceptably, we may prohibit your use of the Brandle Service.
We reserve the right to suspend or terminate your account and prevent access to the Brandle Service for any reason, at our discretion. We reserve the right to refuse to provide the Brandle Service to you in the future.
Brandle, Inc. may review and remove any User Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Brandle Service.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Brandle Service.
XII. Brandle Inc.’s Liability
We are not liable for the actions of our users when they use the Brandle Service. We may also change the Brandle Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Brandle Service or other websites.
Changes to the Brandle Service. We may change, suspend, or discontinue any aspect of the Brandle Service at any time, including hours of operation or availability of the Brandle Service or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Brandle Service, including POP licensing or relationship authentication. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Brandle, Inc. of all claims, demands, and damages in disputes among users of the Brandle Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Brandle Service.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Brandle Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Brandle Service. Use the Brandle Service at your own risk.
Third-Party Websites. The Brandle Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
We make no promises and disclaim all liability of specific results from the use of the Brandle Service.
Released Parties Defined. “Released Parties” include Brandle, Inc. and its affiliates, officers, employees, agents, partners, and licensors.
1. DISCLAIMER OF WARRANTIES
You use the Brandle Service at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE BRANDLE SERVICE IS AT YOUR SOLE RISK, AND THE BRANDLE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE BRANDLE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE BRANDLE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE BRANDLE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BRANDLE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE BRANDLE SERVICE WILL MEET YOUR EXPECTATIONSAND, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BRANDLE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
- LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may be connected to your use of the Brandle Service. You may be responsible for our legal fees and costs arising out of your use of the Brandle Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BRANDLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE BRANDLE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE BRANDLE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE BRANDLE SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE BRANDLE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE BRANDLE SERVICE OR YOUR USE OF BRANDLE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Brandle Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
XIII. General Terms
These Terms constitute the entire agreement between you and Brandle, Inc. concerning your use of the Brandle Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
XIV. Arbitration, Class Waiver, and Waiver of Jury Trial
We are located in California, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Brandle Service.
These Terms and the relationship between you and Brandle, Inc shall be governed by the laws of the state of California without regard to its conflict of law provisions. You and Brandle, Inc agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Brandle Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in San Francisco, California. You covenant not to sue Brandle, Inc in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Brandle Service or these Terms:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
19201 Sonoma Hwy, #381
Sonoma, CA 95476