Terms of Use

Last Updated: September 4, 2018

Welcome to www.thedigitalbrandarchitects.com. These Terms of Use set forth the terms and conditions under which you are authorized to use our website.

The following terms and conditions (“Terms”) apply to your use of https://thedigitalbrandarchitects.com and any other websites, social media platforms including, without limitation Facebook, Twitter, LinkedIn, Google + and YouTube and services that are owned and/or controlled by us (collectively, the “Website”).  The Terms form a legal agreement between you and Digital Brand Architects. (“DBA”, “we,” or “us”). By using the Website, you (sometimes referred to individually as “User” or collectively as “Users”) acknowledge that you have read, understood, and agree to be bound by these Terms, and to comply with all applicable laws and regulations. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.

 

The Website and DBA’s services are offered and available to users who are at least 13 years of age or older. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the DBA and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

 

All rights not expressly granted to Users in these Terms are hereby reserved by us.

Amendments
We reserve the right to amend or update these Terms at any time with or without notice to Users, and may also add new features or functionality to, or change or remove existing features or functionality from, the Website that will be subject to the Terms. Any User who continues to use the Website after any changes are made will be deemed to have agreed to those changes.

ARBITRATION NOTICE

These Terms provide that all disputes between a User and Us will be resolved by BINDING ARBITRATION. ACCORDINGLY, USER AGREES TO GIVE UP USER’S RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend rights under these Terms (except for matters that may be taken to small claims court). User’s rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and User’s claims cannot be brought as a class action

BASic terms and rules of conduct
To receive our newsletter or send a message to Us, you may be asked to provide certain personal information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to Us by means of this Website is governed by our Privacy Policy [INSERT AS LINK TO PRIVACY POLICY], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
We welcome your questions, comments, and feedback regarding our products. We do not, however, accept confidential or proprietary information. Thus, all comments, feedback, ideas, suggestions, materials, information, and other submissions disclosed, submitted or offered to DBA (collectively, “Comments”) are not confidential and will become and remain with DBA. The disclosure, submission, or offer of any Comments will constitute an assignment to DBA of all worldwide rights, titles, and interests, and goodwill in the Comments without payment of any compensation. Additionally, Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene, or otherwise unlawful material. DBA reserves the right to remove any Comments for any reason, without prior notice. Notwithstanding the foregoing, DBA does not have any obligation to prescreen, monitor, edit, or remove any Comments. If your Comments violate these Terms of Use, you may bear legal responsibility for such Comments.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Website, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You may not use the Website for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Website and your Comments, including but not limited to, copyright laws and applicable data privacy laws.
Third Party Content Providers, Sites and Disclaimers
Some of the content and information available through the Website may be provided by companies that are not affiliated with Us (“Third Party Content”) and their source is clearly identified. In some cases, the Third Party Content may be available on the Website or available through a link to a third party site (“Linked Websites”). We provide these Linked Websites solely for your convenience, and do not control or endorse any of them. We cannot be responsible for the content, promotions, security, tracking policies or privacy policies of such Linked Websites. In the case of Third Party Content, there may be additional restrictions that apply to its use. You should be careful to examine them (for example, in accompanying statements or caveats or their posted terms of use) because they may be more restrictive than the restrictions We impose on our own, proprietary Content. Third Party Content providers may have reserved a right to modify the restrictions they impose on use of their content without notice.

Warranties and Liability
The Website and all content, functionality and features within it (the “Materials”) are provided “as is” and without warranties or representations of any kind either expressed or implied. To the greatest extent permitted by law, We disclaim and exclude all warranties, terms and representations that may otherwise be implied, including any warranties as to compatibility, satisfactory quality, and fitness for a particular purpose, or that content, information or functionality of the Website is accurate, error-free or uninterrupted, and/or does not infringe the rights of any third party.

DBA AND ANY THIRD PARTIES MENTIONED ON THE WEBSITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USERS’ SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR LINKED WEBSITES IS TO STOP USING THE WEBSITE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF DBA TO USER WITH RESPECT TO USER’S USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).

While We use reasonable efforts to ensure that the Website is free from viruses and other malicious content, neither We nor any other party involved in producing or delivering the Website assumes any responsibility, nor shall be liable for any damage to, or viruses that may infect, Users’ computers or mobile devices or other property on account of access to or use of the Website.

Users assume total responsibility and risk for their use of the Website and Third Party Websites.  We do not warrant that any “Content,” as defined below under the heading Intellectual Property and Privacy, will be free of viruses, worms, Trojan horses or other destructive programming.  Users are responsible for implementing procedures sufficient to satisfy their needs for data backup and security.

Each User indemnifies, and will keep indemnified, DBA against all forms of liability, actions, proceedings, demands, costs, charges and expenses which DBA may incur or be subject to or suffer as a result of the User’s use of the Website and the services and functionality provided by it.

No Illegal or Malicious Use
No User may use the Website for any illegal, malicious or unauthorized purpose or to abuse, harass, threaten, intimidate or impersonate any other User. Any such use will result in termination to the User’s access to the Website.

Intellectual Property and Privacy
We own, control, and/or license all text, graphics, interfaces, photographs, trademarks, logos, and computer code contained on the Website (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of this Content. The Content is protected by trade dress, copyright, trademark laws, and other intellectual property rights and laws. Any information, data, or other content which is generated in the course of use of the Website by a User (“Data”) shall vest in and be owned by DBA in the same manner as the Content. To the extent such Data contains any personally identifiable information, the terms of DBA’s Privacy Policy [INSERT AS LINK TO PRIVACY POLICY] shall apply.

The Website and all Content, including Data, may not be copied, reproduced, republished, uploaded, posted, transmitted, decoded, reverse engineered or distributed without DBA’s prior written consent. However, as long as a User complies with these Terms, We grant the User a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website. This permission is conditioned on the User not modifying the Website or the Content, and the User’s acceptance of any terms, conditions, and notices accompanying the Content or as otherwise stated in the Website. Notwithstanding the foregoing, any materials available for downloading, access, or other use from the Website that may have their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

If the User posts to the User’s personal social media including, without limitation, Facebook, Twitter or LinkedIn and the User tags Us or uses another related hashtag, the User grants Us the irrevocable, unrestricted right to repost the User’s post on the Website.

Branding
No User may publish or use any DBA brand, branding or logos except with DBA’s prior written consent. Users must not remove or alter any copyright or other proprietary notices contained within the Website.

Non-compliance
If a User does not comply with any aspect of these Terms, We may (without prejudice to any other rights or remedies available to it) cancel or suspend that User’s account, disable the ability of that User to use the Website, and/or terminate these Terms (including the license granted within it). We shall not be liable for any loss or damage suffered by Users as a result of Us exercising our rights under this clause.

Governing Law and Jurisdiction
These Terms shall be governed by New York law, and all Users submit to the exclusive jurisdiction of the state of New York for any matter or dispute arising in relation to these Terms.

Miscellaneous
If a court or other tribunal of competent jurisdiction holds any of the provisions of these Terms to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.

DBA’s failure to insist on or enforce strict performance of these Terms shall not be construed as DBA’s waiver of any provision or any right it has to enforce these Terms, nor shall any course of conduct between DBA and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties. DBA customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.

Dispute Resolution
We will try to work in good faith to resolve any issue User has with the Website. However, We realize that there may be rare cases where We may not be able to resolve an issue to a User’s satisfaction.

User and DBA agree that any dispute, claim or controversy arising out of or relating in any way to User’s use of the Website, including products and services ordered, downloaded, or purchased through the Website, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, We agree to cooperate with Users to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court.  This arbitration provision shall survive termination of these Terms and any other contractual relationship between User and Us.

USER AND DBA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both User and DBA agree otherwise, the arbitrator may not consolidate more than one person’s claims with User’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts in New York.

Feedback and Claims of Infringement
We welcome any feedback Users have regarding the Website. Please be aware that any feedback Users provide shall be deemed non-confidential, and We shall be free to use such information on an unrestricted basis.

If a User believes that any content appearing on the Website infringes the User’s copyright rights, We want to hear from the User.  Please forward the following information in writing at the address listed below:

a) The User’s name, address, telephone number and e-mail address;

b) A description of the copyrighted work that the User claims has been infringed;

c) The exact URL or a description of each place where alleged infringing material is located;

d) A statement by the User that the User has a good faith belief that the disputed use has not been authorized by the User, its agent, or the law;

e) The User’s electronic or physical signature or the electronic or physical signature of the person authorized to act on the User’s behalf; and

f) A statement by the User made under penalty of perjury, that the information in the User’s notice is accurate, that the User is the copyright owner or authorized to act on the copyright owner’s behalf.

Please provide any feedback or claims of infringement to the following address:

DBA Media LLC

750 N. San Vicente Blvd., Suite 950

West Hollywood, CA 90069

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