Terms Of Service
Please read these Terms and Conditions carefully before using the services offered by Bitter Lemon, LLC ("Brandefy").
USE OF THE SITE & PROHIBITIONS
This site allows you to join social networks, gain friends, mingle with other members express your thoughts, and make some comments and discussion, and communicate with other members. You understand and agree, however, that you will use this site including its tools and services with full sense of responsibility and in a manner that is consistent with these Terms and in such a way as to ensure compliance with all applicable laws and regulations. You agree that you will use the site and its services in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
Brandefy, in its sole discretion, has the right to remove content and suspend, terminate, deactivate or refuse registration or access to your account at any time, without notice and without liability, for any reason, including but not limited to violation of this Agreement, infringing on Intellectual Property and inactivity.
We reserve the right to monitor and review your account, content and activity for compliance with this Agreement. We may terminate or suspend your account or ability to use the service if you breach this Agreement, and we may remove any content that is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property rights.
(a) you must not use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools
(b) you should not post any blogs, items, messages, and or contents that are inappropriate and fails to observe sense of decency and or would offend other persons;
(c) you must not republish, sell, rent or sub-license any materials from this website including republication on another website;
(d) you must not collect and disclose information about users’ personal information;
(e) you must not reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(f) you must not post false, inaccurate, misleading, defamatory, or libelous content;
(g) you must not take any action that may damage the rating or badge system.
(h) You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
By joining Brandefy, members acknowledge that they are not guaranteed to receive anything in return, including complimentary products and/or any other promotions or giveaways promoted on this website, emails or social media sites. Members who are selected for the items mentioned above must meet specific requirements for each program, which Brandefy may or may not disclose to members. These requirements are solely determined by Brandefy and may change at Brandefy's discretion at any time. Brandefy reserves the right to postpone, change and/or cancel any scheduled or running programs at any time.
NON-COMMERCIAL USE BY MEMBERS.
Members on this social networking website are prohibited to use the services of the website in connection with any commercial endeavors or ventures. Juridical persons or entities including but not limited to organizations, companies, and/or businesses may not become Members of Brandefy and should not use the site for any purpose.
Any items you receive as part of an Brandefy Program (eg. free products, prizes, etc) are NOT FOR RESALE. All products a members receives from Brandefy are meant only for the recipient to test, unless otherwise noted, as in the case where recipients are meant to share with a family member or friend or asked to hold a giveaway. In the case that a member is unable to use a product, he or she may pass along to a friend. In no case is it acceptable for any member to resell a product received through an Brandefy Program either online or offline. If a member is found to be exchanging products received via Brandefy for cash, his or her membership will be terminated immediately.
LINKS & FRAMINGS
Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the Sites will be investigated, and appropriate legal action may be taken. Some links, however, are welcome to the site and you are allowed to establish hyperlink to appropriate part within the site provided that: (i) you post your link only within the forum, chat or message board section; (ii) you do not remove or obscure any advertisements, copyright notices or other notices on the placed at the site; (iii) the link does not state or imply any sponsorship or endorsement of your site and (iv) you immediately stop providing any links to the site on written notice from us. However, you must check the copyright notice on the homepage to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our sites.
CHAT ROOMS, FORUMS, COMMUNICATIONS AND OTHER MATERIALS POSTED BY YOU
By participating in this social networking site, you understand and agree not to post or transmit any material that, in our judgment, is defamatory, abusive, obscene, threatening or unlawful in any way, or any material that infringes on the rights of others or contains any virus or other computer programming routine which may interfere with or damage the site or otherwise interrupt on the ability of others to use or enjoy the same. We reserve the right to delete, move or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or for any other reason. Furthermore, we reserve the right to deny access to anyone who we believe, in our sole discretion, has in any way breached these Terms or where we reasonably believe a user does not comply with any relevant age restrictions on the site. All public posts by members on Brandefy.info or BrandefyApp.com, including our Product Comparison pages, become proprietary information for Brandefy. Brandefy holds the right to share/publish these comments with the public and with clients. Members are in no way obligated to talk, promote or discuss products and brands they experience through Brandefy. Should members want to discuss, review, blog, make videos and/or write on social media about products or brands they test complimentary through Brandefy, members agree to properly disclose that they received the product complimentary through Brandefy and follow all FTC guidelines and regulations.
Members who participate in Brandefy programs also agree not to post or transmit any material on other websites and social media sites, blogs and videos that, in our judgment, is defamatory, abusive, obscene, threatening or unlawful in any way. All members agree not to use inappropriate language and phrases when on the Brandefy website and when participating and communicating about Brandefy programs and product sponsors on outside websites, blogs, videos and other platforms.
Brandefy contains product reviews by its members and others, which are sometimes given in response to receipt of free products straight from the manufacturers. Neither Brandefy or its members are instructed, coached, coerced, paid, or compensated in any fashion in exchange for reviews of manufacturer’s products. All reviews are provided voluntarily, and published for the informational purposes. All members are encouraged to disclose their receipt of free products whenever they make any public statements about them, either through Brandefy or independently. Our mission is to provide the best product feedback available anywhere on the web, and it is of the utmost importance to us that we remain as transparent as possible. Should you have any questions regarding our practices, we may be contacted at: firstname.lastname@example.org.
WARRANTY DISCLAIMER AND EXCLUSIONS / LIMITATIONS OF LIABILITY
You represent and warrant that (a) all of the information provided by you to our website to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
You hereby accept and agree that it is beyond our control, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or not acquired Content through the Site or the Services.
It should be noted that the Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site or Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services.
Brandefy is a distributor only. Products distributed by Brandefy are not manufactured by Brandefy. The products may, however, be covered by each manufacturer’s warranty, service, and support policy (if present). Brandefy assigns and passes through to the customer any warranty of the manufacturer, and you acknowledge that you shall have recourse only under such warranties and only as against the manufacturer of the products. Brandefy makes no representation of express warranty with respect to the product except those stated in this document. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES BRANDEFY’S MAXIMUM LIABILITY IS LIMITED TO $100. BRANDEFY SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. BRANDEFY SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT BRANDEFY HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinued the site or any part of it at anytime. The information, content and services on the site are provided on an “as is” basis. When you use the site and or participate herein, you understand and agree that you participate at your own risk.
INTELLECTUAL PROPERTY RIGHTS
The Web allows people throughout the world to share valuable information, ideas and creative works. To ensure continued open access to such materials, we all need to protect the rights of those who share their creations with us. Although we make the Site freely accessible, we don't intend to give up our rights, or anyone else's rights, to the materials appearing on them. The materials available on the site shall remain the property of Brandefy and/or its licensors, and are protected by copyright, trademark and other intellectual property laws. You acquire no proprietary interest in any such rights. Furthermore, you may not remove or obscure the copyright notice or any other notices contained in the site or anything retrieved or downloaded from them.
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
"Public Content" refers to information that you submit or post to or through the site and/or service for public display, such as photos, comments, reviews, and your public profile information. By submitting Public Content or any other content on the site or otherwise through the service, you hereby do and shall grant Brandefy a worldwide, non-exclusive, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the content in connection with the site, the service and Brandefy’s (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) or the service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the site and/or the service a non-exclusive license to access your content through the site and the service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such content in connection with their use of the site and service.
You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Brandefy. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
WAIVER AND SEVERABILITY OF TERMS
Failure of the Brandefyer to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
This Agreement shall be governed by and construed in accordance with the substantive laws of Virginia, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.
CHOICE OF LAW; JURISDICTION; FORUM
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Virginia, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
This Agreement will remain in full force and effect while you use the Website. You may terminate your membership at any time for any reason by following the instructions on the “TERMINATION OF ACCOUNT” in the setting page. We may terminate your membership for any reason at any time. If you are using a paid version of the Service and we terminate your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Even after your membership is terminated, certain sections of this Agreement will remain in effect.
We respect the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond to claims of copyright infringement committed using the website (the “Site”) if such claims are reported to the Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to the Designated Copyright Agent. Upon receipt of Notice as described below, we will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.
DMCA Notice of Alleged Infringement (“Notice”)
Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to email@example.com.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
INTELLECTUAL PROPERTY RIGHTS
The Federal Trade Commission requires testing program participants to disclose that they have received products for complimentary testing purposes in all reviews, social media posts, videos and blogs. Please note that failure to abide by these rules will result in suspension from Brandefy. We've set out the following guidelines to help keep you on the right side of the law:
Writing a blog post or review online? Posting on social media sites like Twitter, Facebook, Instagram, Pinterest, or Vine? Copy & paste this line at the bottom: “I received these products complimentary from Brandefy for testing purposes"
Filming a video? Do a dramatic reading of the following: “I received these products complimentary from Brandefy for testing purposes.” You can also copy & paste this text in the “About” section of your video.
*Remember: If you're unsure on how to disclose, you can always ask firstname.lastname@example.org. We'll help you stay in the clear!
The Brandefy Team
The terms “We”, “Us”, and “Brandefy ” refer to the Brandefy Service. The terms “You” and “Your” refer to you, as a visitor or user of the Service.
HOW WE COLLECT AND USE YOUR INFORMATION
Personal Information: When registering as a user to the Service, we receive and store information you enter or provide to us in any other way. The types of personal information collected may include your name, email address, URL, phone number, Twitter, Tumblr, Google Plus and/or Facebook usernames, location, use information regarding your use of the Service, browser information, and any other data that is tied to such information (collectively, “Personal Information”). The Personal Information you provide is used for such purposes as allowing you to set up a user account and profile that can be used to interact with other users through the Service, improving the content of the Service, customizing the advertising and content you see, and communicating with you about specials and new features. We may also draw upon this Personal Information in order to adapt the Services of our community to your needs, to research the effectiveness of our network and Services, and to develop new tools for the community.
Profiles: “Public Content” refers to information that you submit or post to the Service for public display, such as photos, comments, reviews, and your public profile information.
Information Collected Automatically: When you use the Service, we automatically receive and record information on our server logs from your browser or mobile platform, including your location, IP address, cookie information, and the page you requested. This data is treated as non-Personal Information, except as required under applicable law.
HOW YOUR INFORMATION IS SHARED
Information about our users is an integral part of our business. We provide some of our services through affiliates, service providers, partners and other third parties. We may share Public Content, as well as a limited amount of Personal Information (including, but not limited to, your first name, last initial, and location) with third parties, who may in turn publicly display or publish this limited amount of Personal Information in connection with Public Content on their own website and media platforms.
We encourage our service partners to adopt and post privacy policies. However, the use of your Personal information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control.
We may disclose aggregated information concerning user behavior to third parties in connection with actual or prospective business relationship with those third parties, such as advertisers and content distributors. For example, we may disclose the number of users that have been exposed to, or clicked on, advertising banners.
In the future, may use third party advertising companies to serve ads when you visit the Service. These companies may use information about your Public Content (not including your name, address, email address, or telephone number) and activity related to your use of the Service to provide advertisements about goods and services of interest to you.
One of the primary reasons people use Brandefy is to connect with others. Information such as your name and photo, photos of your items, location, list of friends, and the comments you write is shared with the Brandefy community. Individuals reading this information may use it or disclose it to other individuals or entities without our control and without your knowledge. We therefore urge you to think carefully about including any specific information you may deem private in comments or other content (location or otherwise) that you create in the Service.
We employ other companies and people to perform tasks on our behalf, such as the creation of shipping labels, and need to share your information with them to provide services to you. Our agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us, and they provide a comparable level of protection for your Personal Information.
Invite Friends and Contacts. You may choose to provide us with another person's e-mail address or social network profile information so that person may be invited to create an account on this site and become your friend. We use this information to contact and, if necessary, remind that person about the invitation. By providing us with another person's e-mail address, you represent to us that you have obtained the consent of the person concerned with respect to such disclosure to us of their Personal Information. We may disclose such information if required to do so in order to comply with legal process, as described above.
Business Transfers. If Brandefy or substantially all of Brandefy's assets are acquired, or in the unlikely event that we cease business operations or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party.
COOKIES AND SIMILAR TECHNOLOGIES
We send cookies to your computer or mobile device through your browser to enable our systems to recognize your browser and tell us how and when pages in our site are visited and by how many people. Most browsers have an option for disabling the cookie feature, which will prevent your browser from accepting cookies, as well as (depending on your browser software) allow you to decide on acceptance of cookies in a variety of ways.
If your location settings are turned on when you use the Service, we use the location information from your mobile device or browser to tailor your experience. We collect and store your last known location to determine your proximity to our service partners. This location information is not shared with third parties. The Service also uses your mobile device’s background location to provide the Service, which allows us to provide you with location-based services, such as location-specific promotions, mobile-based campaign activity capabilities, and other personalized content tailored to you. If you have background location turned on, the mobile application will, from time to time, tell us about your device’s location even if you are not directly interacting with the application.
HOW WE RESPOND TO DO NOT TRACK SIGNALS
We use industry standard measures to protect Personal Information. However, we cannot guarantee the security of account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
If you are located outside of the United States, please note that the Service is located on computer servers in the United States. Therefore, your information may be processed and stored in the United States. As a result, United States federal and state governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your information through laws applicable in the United States. Your use of the Service or your submission of any Personal Information to us will constitute your consent to the transfer of your Personal Information outside of your home country, including the United States, which may provide for different data protection rules than in your country.
The Service is not directed toward children under 13 years of age nor do we knowingly collect information from children under 13. If you are under 13 years of age, you are not permitted to submit any Personal Information to us.
PRIVACY PRACTICES OF THIRD PARTIES AND THIRD PARTY SITES
CONTROL OF PERSONAL INFORMATION
To the extent you include Personal Information in your Public Content (such as a photo of yourself), third parties may be able to identify you, associate you with your account, and contact you. Please do not include information in your Public Content that you expect to keep private.
Third parties can also associate you with your account using the user search and browse features of the Brandefy Service, which display your Public Content.
Upon your request, we will use commercially reasonable efforts to close your account, and cease displaying your Public Content on the Service; nevertheless, we may still retain your Personal Information and your Public Content in our systems. Registered users who wish to close their account should contact us.
Influenster commits to resolve complaints about our collection or use of your personal information. Individuals with inquiries can first contact Brandefy by email at email@example.com.
QUESTIONS OR CONCERNS
If you have any questions or concerns regarding your privacy, please send a detailed message to: firstname.lastname@example.org. We will make every effort to resolve your concerns.