Terms of Service
Brand My Day Terms of Service: Effective May 4th, 2009
We don’t have control over websites that Brand My Day may link to. Brand My Day may contain links to third party websites that are not owned, operated, or controlled by Brand My Day. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using Brand My Day you expressly relieve us from any and all liability arising from your use of any third party website.
You are permitted to use Brand My Day, based on the following criteria: 1) Are 13 years of age or older; 2) Comply with our Terms of Service; 3) Won’t copy or distribute any part of any part of Brand My Day in any medium without Brand My Day’s prior written authorization; 4) Don’t change any part of Brand My Day other than in ways that may be reasonably necessary for you to use Brand My Day for its intended purposes; 5) Acknowledge you are solely responsible for the activity that occurs while using Brand My Day; 6) Will not hold us liable for losses caused by use of Brand My Day, unauthorized or otherwise, and know that you may be liable for the losses of Brand My Day, our parent company, William Burk LLC, subsidiaries, affiliates, or others, due to such use; 7) Do not use this site for and commercial purposes; 8) Acknowledge your sole responsibility for your content submissions, including company logos, links, pictures, and other such content; 9) Affirm that you own or have the necessary licenses, rights, permissions, and consents to use and authorize Brand My Day to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all submissions to enable inclusion and use of the submissions across Brand My Day; 10) Grant each Brand My Day user, whether using Brand My Day or an application developed via a third-party developer, a non-exclusive license to access your submissions through Brand My Day and to use, reproduce, distribute, prepare derivative works of, display and perform such submissions as permitted through Brand My Day’s functionality and under these Terms of Service: 11) Will not submit material that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such materials to Brand My Day; 12) Won’t submit lies and misrepresentations that could damage our company, parent company, sister companies, affiliates, company’s represented by such logosor other parties; 13) Never submit material that is unlawful, defamatory, libelous, pornographic, obscene, threatening, harassing, pornographic, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; 14) Won’t post advertisements or solicit from Brand My Day or Brand My Day’s visitors; 15) Affirm we and our parent company have the right to determine whether any of your submissions are appropriate and complies with these Terms of Service, remove any and/or all of your submissions. 16) Understand that when visiting Brand My Day, you will be exposed to submissions from a variety of source and that Brand My Day is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content.
The content on Brand My Day, excluding all intellectual property of other sites obtained by way of API and linking, are owned by William Burk LLC. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks"). They are owned or licensed to Brand My Day, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content not owned by Brand My Day is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to Brand My Day and the content.
If you’re a copyright owner or an owner’s agent and find content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent with the following information (see 17 U.S.C 512©(3) for further detail) in writing: 1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2) 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; 3) 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; 4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; 5) 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 6) 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. Brand My Day’s designated Copyright Agent to receive notifications of claimed infringement can be reached email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
You agree that your use of Brand My Day shall be at your sole risk. TO THE FULLEST EXTENT PERMITTED BY LAW, BRAND MY DAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BRAND MY DAY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA LIVINGSOCIAL. BRAND MY DAY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH BRAND MY DAY OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BRAND MY DAY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL BRAND MY DAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF BRAND MY DAY, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH BRAND MY DAY BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA BRAND MY DAY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BRAND MY DAY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. Brand My Day is controlled and offered by William Burk LLC from its facilities in the United States of America and we make no representations that Brand My Day is appropriate or available for use in other locations. Those who access or use Brand My Day from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You indemnify Brand My Day and its parent company, William Burk LLC. You agree to defend, indemnify and hold harmless Brand My Day, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to Brand My Day; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of Brand My Day.
You are legally able to accept these Terms of Service. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. And as stated in the first point of Section 3, you affirm that you are, in any case, 13 years of age or older. If you aren’t, you must please leave Brand My Day.
These Terms of Service shall be governed by the internal substantive laws of the State of New York. Any claim or dispute between you and Brand My Day that arises in whole or in part from Brand My Day shall be decided exclusively by a court of competent jurisdiction located in New York. These Terms of Service, together with the Privacy Notice at brandmyday.com/terms and any other legal notices published by Brand My Day on Brand My Day, shall constitute the entire agreement between you and Brand My Day concerning Brand My Day. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Brand My Day’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND BRAND MY DAY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO BRAND MY DAY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES . OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
We reserve the right to amend these Terms of Service at any time and without notice. Therefore, it is your responsibility to review these Terms of Service for any changes. Your use of Brand My Day following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.