Ownership of Content
All literary, pictorial, graphic, derivative and other works, compilations, information and other content in or on the BrandNew Industries Properties, including but not limited to drawings, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product, service and program names, slogans, trade dress, and the compilation of the foregoing (the “Content”), and the design, “look and feel” and arrangement of the Content, other than any public domain materials, are (i) owned or controlled by or licensed to BrandNew Industries, and (ii) protected in the United States and internationally under trademark, copyright, and other intellectual property laws. All title, ownership and other rights in and to the BrandNew Industries Properties and the Content are exclusively owned or licensed from a third party by BrandNew Industries.
Trademarks and Copyrights
BrandNew™ and BrandNew Industries™ are trademarks of BrandNew Industries, registered in the United States and other jurisdictions. Trademarks that are identified with particular Products sold through the BrandNew Industries Properties are the property of their respective owners, not BrandNew Industries. Unless otherwise indicated, all Content is subject to copyrights owned by or licensed to BrandNew Industries, all rights reserved. Except as expressly permitted by us, nothing in the Terms and Conditions confers any license in any property right, including without limitation any right in any trademark or copyright of BrandNew Industries or any third party.
Grant of Limited Use License
BrandNew Industries grants you a limited, nonexclusive, non-transferable and revocable license to use the BrandNew Industries Properties only in accordance with and for the purposes set forth in the Terms and Conditions (the “Limited Use License”). BrandNew Industries retains the right to terminate or limit your Limited Use License, and your access to the BrandNew Industries Properties and to any Content, for any reason and at any time. Except when agreed to in writing by an authorized representative of BrandNew Industries, the BrandNew Industries Properties are only for your use in deciding whether to purchase Products from us and in purchasing Products from us. You agree that you will impose only that load on BrandNew Industries’ servers that is necessary for your use in deciding whether to purchase Products from us and in purchasing Products from us.
Prohibited Uses of the BrandNew Industries Properties
Any unauthorized use, change of information or interference with the availability of, access to or proper working of any part or feature of the BrandNew Industries Properties or their security measures is prohibited. Without limiting the foregoing, you agree that you will not, directly or indirectly through any third party, engage in any of the following activities with respect to the BrandNew Industries Properties or the Content, except when agreed to in writing by an authorized representative of BrandNew Industries:
(i) copy, mirror, archive, intercept or redirect any Content;
(ii) redistribute, reproduce, make a derivative work from or commercially exploit the Content in any manner;
(iii) page or screen scrape, web harvest, or use any robot, spider, indexing agent or other automatic device, process or means to access the BrandNew Industries Properties for any purpose, including extracting data from, monitoring or copying the Content;
(iv) use the BrandNew Industries Properties in a manner that could disable, overburden, damage or impair them or interfere with another party’s use of them;
(v) use any device, software or routine that interferes with the proper working of the BrandNew Industries Properties;
(vi) introduce to the BrandNew Industries Properties any virus, trojan (malware), worm, logic bomb or other material which is malicious or technologically harmful;
(vii) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts or features of the BrandNew Industries Properties or the Content, the servers on which the BrandNew Industries Properties and Content is stored, or any server, computer or database connected to the BrandNew Industries Properties or operated by us;
(viii) use a denial-of-service attack or a distributed denial-of-service attack against any of the BrandNew Industries Properties;
(ix) reverse engineer or attempt to extract the source code of any software that comprises any part of the BrandNew Industries Properties or the Content;
(x) display or use any Content for any commercial purpose in any publications, audiovisual works, public performances, or on websites or other applications, including but not limited to in connection with products other than our Products, in any other manner likely to cause confusion, to disparage or discredit us or our licensors, to dilute the strength of the intellectual property owned by us or our licensors, or to otherwise infringe the intellectual property rights of BrandNew Industries or any third party;
(xi) frame or use framing techniques to enclose any trademark, logo, intellectual property or other proprietary information (including images, text, page layout or form) of BrandNew Industries without our express written consent;
(xii) use any metatag or any other “hidden text” utilizing our name or trademarks without our express written consent; or
(xiii) use any technology or other means to hide your identity.
Submission of User Content to Us
We are pleased to hear from our customers. We may from time to time seek feedback from our customers and other users of the BrandNew Industries Properties and we may enable them to submit, post or upload reviews, comments, suggestions, messages, photographs, videos and other content (collectively, “User Content”).
Disclaimer of Liability for User Content
We do not control, endorse or verify any User Content and we make no representation or warranty concerning its authenticity, integrity or accuracy. Reliance on or use of any User Content is solely at your own risk. We are not responsible or liable for any User Content or for any claims, damages or losses resulting from the use or appearance of any User Content on the BrandNew Industries Properties.
User Content You Submit
You are solely responsible for all User Content you submit to us. You agree that you will not submit to us any User Content that (i) infringes or otherwise violates the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights, (ii) violates any local, state, national, or regional laws of the United States or any other jurisdiction, (iii) is unlawful, obscene, derogatory, threatening, harassing, hateful, racist, defamatory or otherwise objectionable, (iv) uses a false e-mail address, impersonates any person or entity or is otherwise misleading as to its origin, or (v) contains viruses or corrupted files that may adversely affect the Content or the operation of the BrandNew Industries Properties. We reserve the right to remove or edit any User Content and to terminate or suspend your account at any time and without notice.
Your Grant of a License and Other Rights to User Content You Submit
By submitting User Content to us, you grant to us a non-exclusive, royalty-free, sub-licensable, perpetual, fully-paid, worldwide license (i) to use, reproduce, modify, publish, perform, create derivative works from, distribute and display such User Content in any media, and you hereby waive all “moral rights” with respect to our use of that User Content, and (ii) to use the names, images and likenesses that you submit to us in connection with that User Content. If and to the extent User Content that you submit to us contains ideas, suggestions, documents or proposals relating to us and our business (“Suggestions”), you acknowledge and agree as follows: (i) your Suggestions do not contain confidential or proprietary information; (ii) we are not obligated to keep your Suggestions confidential and we may use or disclose them in any media worldwide; (iii) we receive submissions from many parties that are similar to the Suggestions, or we may have ideas, concepts or processes similar to the Suggestions already under consideration or in development; (iv) your Suggestions shall be deemed the property of BrandNew Industries, which we will be free (but not required) to evaluate, develop and exploit at our discretion, without any obligation to compensate you or to credit you, and without any other obligation to you; and (v) you hereby assign all right, title and interest in the Suggestions, and any inventions, works, or other subject matter or rights contained in them, to BrandNew Industries.
Consent to Electronic Communication
When you use the BrandNew Industries Properties to purchase products, request information or otherwise solicit an electronic communication from us, or to send e-mails, text messages or other electronic communications to us for any of these purposes, you consent to receive electronic communications from us in response. You may withdraw your consent to receive electronic communications from us at any time. We may communicate electronically with you in a variety of ways, including by e-mail, text message, in-app push notices, posting notices and messages on the BrandNew Industries Properties or by other means. You agree that all notices, disclosures, agreements and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing. You agree that we may preserve any communication by you to us through any of the BrandNew Industries Properties and that we may disclose the data contained in any communication from you if we are required to do so by law or if we determine that preserving or disclosing that data is necessary to (i) comply with legal process, (ii) enforce the Terms and Conditions, (iii) respond to claims that the data you submitted violates the rights of others, or (iv) protect the rights, property or personal safety of BrandNew Industries, our employees, users of the BrandNew Industries Properties or the public.
Links and Other Third-Party Applications
No Endorsement by Us of Third-Party Websites. The existence on third-party websites or applications of hypertext links to any of the BrandNew Industries Properties does not imply or signify any relationship, endorsement or other connection between BrandNew Industries and the owner or operator of the website or application containing the links. BrandNew Industries is not responsible for inaccuracies in information or for any representations and express or implied warranties, including those of fitness for purpose or merchantability, which may be contained on or implied from any third-party websites or applications containing hyperlinks to BrandNew.net. BrandNew Industries does not authorize any other parties to make representations or warranties on our behalf.
Limited Permission to Link to Our Homepage
You may link to the homepage of BrandNew.net only if (i) the link or the manner of linking does not damage or take advantage of our reputation, (ii) you do not by such linkage suggest that we approve, endorse or are in any other way associated with your activities, products or services, and (iii) you immediately remove any links to BrandNew.net at our request.
Disclaimers Relating to Third-Party Applications Included by Us
The BrandNew Industries Properties may include third-party technology, software, applications and links to other websites and resources provided by third parties. Any such links are provided for your convenience only. We do not have any control over the content of those third-party websites or resources. You therefore acknowledge and agree as follows: (i) we are not responsible for the practices or policies of third parties or for any loss or damage that may arise from your use of any third-party technology, services, software or applications or any linked third-party website or resource; and (ii) if you use any third-party technology, services or software or access any website or resource linked to the BrandNew Industries Properties, you do so at your own risk and subject to the terms and conditions of use of any such third-party technologies, websites or resources.
Disclaimer of Warranties Relating to Use
THE BRANDNEW INDUSTRIES PROPERTIES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND YOUR USE OF THEM IS AT YOUR OWN RISK. ACCORDINGLY, THE BRANDNEW INDUSTRIES PROPERTIES AND ALL CONTENT PROVIDED THEREIN ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO THE BRANDNEW INDUSTRIES PROPERTIES OR ANY CONTENT OR TECHNOLOGY INCLUDED IN THEM, INCLUDING WITHOUT LIMITATION (i) WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ACCURACY, COMPLETENESS, QUALITY, SUITABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, AND (ii) WARRANTIES THAT THE BRANDNEW INDUSTRIES PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU THEREFORE ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ADEQUATE PROTECTION AND BACKUP OF YOUR DATA AND/OR EQUIPMENT IN CONNECTION WITH YOUR USE OF THE BRANDNEW INDUSTRIES PROPERTIES. YOU SHALL HOLD BRANDNEW INDUSTRIES HARMLESS FROM AND YOU SHALL NOT SUE BRANDNEW INDUSTRIES FOR ANY CLAIMS BASED ON YOUR USE OF OR INABILITY TO USE THE BRANDNEW INDUSTRIES PROPERTIES OR THE CONTENT.
Limitation of Liability Relating to Use
IN NO EVENT WILL BRANDNEW INDUSTRIES OR ITS EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE IN CONTRACT, WARRANTY, TORT OR UNDER ANY OTHER LEGAL THEORY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, GOODWILL, LOSS OF DATA OR ANY OTHER LOSSES ARISING FROM YOUR USE OF OR INABILITY TO USE THE BRANDNEW INDUSTRIES PROPERTIES OR THE CONTENT, OR FOR YOUR RELIANCE ON THE CONTENT IN THE BRANDNEW INDUSTRIES PROPERTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification Relating to Use
As a condition to your use of the BrandNew Industries Properties, you agree to defend, indemnify and hold harmless BrandNew Industries and its respective officers, directors, employees, agents, contractors, vendors and suppliers from and against any liabilities, losses, damages, costs and other expenses (including court costs and reasonable attorneys’ fees) arising or resulting directly or indirectly out of (i) any breach by you of the Terms and Conditions, (ii) your use of the BrandNew Industries Properties, and (iii) User Content submitted by you.
Limitations on International Users
Export Control Laws. Certain Content that may be downloaded by you or is otherwise made available on the BrandNew Industries Properties may be subject to United States export control laws. These laws prohibit the export of certain information, software and other technology to certain restricted localities, persons and entities. You agree and acknowledge that no Content, software or other technology may be used, downloaded or exported from the BrandNew Industries Properties (i) in or into any country against which the United States maintains a trade embargo, (ii) by or to a person or entity designated on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List or Entity List, or (iii) otherwise in violation of any applicable United States export control law.
Compliance with Laws of Other Countries
BrandNew Industries operates the BrandNew Industries Properties from the United States and does not warrant or represent that they are appropriate for use in or otherwise comply with the laws of any jurisdiction outside the United States. You acknowledge and agree that you are solely responsible for ensuring that your use of the BrandNew Industries Properties is lawful in any jurisdiction in which you use them.